A HUSBAND and wife from Barrow and their business partner have been acquitted of nine health and safety breaches after the prosecution considered evidence submitted by their defence team.

John Wormall, known in Barrow for having run Paulo Giannis and his involvement with new venue The Townhouse in Dalton Road, was accused of the offences alongside his wife Sarah Martindale and business partner Gemma Rowlands.

The trio had been charged with nine food and hygiene offences relating to The Castle Inn at Hornby, just outside Lancaster, after a number of customers had allegedly become unwell after eating there.

Defence solicitors submitted evidence to the prosecution showing that Mr Wormall's team had not taken over the restaurant until 12 days after the inspection during which the issues were raised.

The charges included allegations of failing to protect food against contamination that would be unfit for human consumption, failing to maintain food hygiene and failing to notify an appropriate authority of the opening of a new food business.

Mr Wormall, 47, and Ms Martindale, 34, both of Goadsbarrow, were alleged to have been business owners and operators, under the company name Another PG Ristorante, a limited company established in April 2013.


Rowlands, 36, of Lancaster, was alleged to have been a business operator at the Castle Inn at the time the alleged offences took place in November 2015.

The charges followed an inspection of the restaurant by officers working for Lancaster City Council on November 18 in 2015.

Mr Wormall, Ms Martindale and Ms Rowlands had all denied the charges and the trial started at Preston Crown Court yesterday (October 16). It is understood Martindale was removed from the indictment before it began.

The prosecution then decided to offer no evidence against Mr Wormall and Ms Rowlands.

The Mail understands that evidence was submitted to the prosecution on the first day of the trial, which showed that Mr Wormall had taken over the business of The Castle Inn on November 30 2015, 12 days after the alleged offences took place on November 18.

The prosecution is therefore said to have decided to offer no evidence against the defendants, who were subsequently acquitted.

The Mail has been told that a copy of the same evidence had already been supplied to the prosecution by Mr Wormall's legal representatives in January 2017.

A spokesman for the defendants said: "These charges and the allegations behind them have been strongly disputed ever since they were first brought by Lancaster City Council.

"In court, after extensive preparation and discussions with representatives on behalf of Lancaster City Council, Lancaster City Council decided not to offer any evidence in relation to these prosecutions and in these circumstances the crown court delivered not guilty verdicts against all three.

"The outcome today reflects the fact that John Wormall, Sarah Martindale and Gemma Rowlands did not commit any offences, that they should not have been charged and the outcome vindicates their reputation and that of the restaurants which they operate.

"John Wormall and his team pride themselves on running clean, safe, and compliant establishments and are pleased at the outcome in court today."

A spokeswoman for Lancaster City Council confirmed that the council carried out a routine food hygiene inspection and identified a number of breaches of Food Hygiene Regulations.

The breaches were considered serious enough to prosecute and the three defendants were believed to be the food business operators at the time of the inspection.

After consideration of new evidence the council agreed not to pursue the case further.

Councillor Andrew Warriner, cabinet member with responsibility for environmental health, said: "The council works closely with food business owners and will only prosecute in serious cases or as a last resort. This case sends a clear message that we will take enforcement action if necessary and we will pursue all cases to a conclusion."

The nine offences Mr Wormall, Ms Martindale and Ms Rowlands had been accused of were:

1. Failure to notify of the opening of a new restaurant;

2. Failure to implement or maintain hygiene procedures;

3. Failure to keep the premises clean and maintained in adequate condition;

4. Failure to provide wash basins for cleaning of hands;

5. Failure to keep all articles, fittings and equipment effectively cleaned;

6. Failure to ensure equipment and surfaces were maintained in a condition to make cleaning effective;

7. Failure to ensure equipment which food comes into contact with is kept in good order or condition so as to prevent contamination;

8. Failure to ensure food was protected against contamination such as was likely to render it unfit for human consumption;

9. A breach of the Food Safety Regulations on November 18 2015, being a food business operating from the Castle Inn, failed to keep food below 8C, likely to support the growth of microorganisms or toxins.