Isla on North Road in Durham sold the coffees to Durham County Council officers on two occasions. Despite supposedly being dairy-free they would have caused a reaction in someone with a milk allergy.
The venture has now been convicted of two charges, including one of supplying produce that was unsafe, following a prosecution by the local authority.
Mark Anslow, the council’s health and environmental protection manager, said: “We are pleased with the outcome of this case. Members of the public suffering from food allergies should be able to purchase food and drink with confidence, without the risk of being made seriously ill or, in the worst cases, suffering life-threatening consequences due to incorrect allergen information.
“Isla, and the company it is part of, has a good history and hygiene rating and had acted on advice following the first failure, to put in place controls to help protect customers. Unfortunately, these were not fully implemented, and the second incident arose that could have been serious for anyone with a milk allergy.
“We hope this case serves as a reminder that businesses must take their allergen responsibilities seriously. Consumers have a right to expect that the food they eat and drink is safe, and there are consequences for businesses that fail to meet the required standards.”
Peterlee magistrates heard how in August 2024, two council officers were at Isla – owned by Coarse Restaurant Limited. They took a sample of an oat milk cappuccino, which was supposed to be dairy-free.
However, analysis showed the drink contained milk proteins at a level which would cause an allergic reaction in a susceptible person.
The business was advised of the failure and acted on advice to put in place controls to help protect customers. It also introduced a new policy whereby it would not offer allergen-free products to customers as it could not guarantee produce would be allergen-free. Members of staff were trained on the policy and signed a form to say they had been made aware.
Council officers returned to Isla in May 2025 to take a further sample of an oat milk cappuccino. Staff were told the buyer was allergic to milk and wanted to know which dairy-free products were available.
The drink was supplied and later analysed and again found to contain milk proteins at a level which would cause an allergic reaction in a susceptible person. The levels were higher than in the sample from the cappuccino tested in 2024.
Officers asked to see paperwork relating to the company’s food safety management system and allergens. An allergen matrix sheet for baked goods was the only item located and documents were later supplied by email.
These showed the member of staff that had supplied the 2025 drink had not signed to say she was aware of the allergen policy.
A Coarse Restaurant representative was interviewed and said the 2025 drink had been sold by a member of staff who claimed they had forgotten about the allergen policy. The member of staff had been trained on the policy but had not signed anything.
The representative said a new system had been brought in following the 2024 incident to avoid cross-contamination between dairy and dairy-free milks. Members of staff were trained on this, but it was not documented anywhere.
Coarse carried out its own investigation and so far has been unable to determine how the milk proteins were at the levels they were.
The company pleaded guilty to the two charges. Coarse told the court it does not accept the drink served in 2025 would have caused an anaphylactic shock and that there was no evidence to say it would have had a serious adverse effect. Nevertheless, the company had found the matter very distressing.
Magistrates heard Coarse has a good history of hygiene as well as a good hygiene rating; and that it has now various measures in place in relation to allergens, including the training and new policy which is mentioned on its menus.
The company was ordered to pay a £5,000 fine, a victim surcharge of £2,000 and costs of £1,274 – totalling £8,275.
Information for businesses on food allergens is available at www.durham.gov.uk/foodallergens while a series of videos can be watched at www.youtube.com/playlist?list=PLz3yV2kde1-OwXMtTWiwmx6O1w5JMhvST
People across the North East can report allergic reactions via Redcar and Cleveland Council’s website, at www.redcar-cleveland.gov.uk/environment/environmental-health/reporting-an-allergic-reaction
