Man with severe allergy served curry with nuts

A takeaway supplied a curry with four different types of nut to a customer who had told them he had a severe allergy, causing him to go into anaphylactic shock, a court has heard.

The man had ordered the curry from Ali's Kitchen in Longton, Stoke-on-Trent, run by award-winning chef Muhammed Aaban Aamir Ali.

Despite assurances that the curry could be made nut-free, tests found it contained almond, peanut, hazelnut and traces of pistachio, the court heard.

The restaurant had also sent out a replacement curry after the restaurant was contacted about the reaction, which was not eaten, but Trading Standards found this also contained peanut protein.

The man had to use an EpiPen to alleviate symptoms, including a tightening of his throat and a rash, and an ambulance was also called.

North Staffordshire magistrates were told on Thursday that preparation of an allergen-sensitive dish should not have been delegated to another staff member.

Ali, 44, of Bignall Grove, Dresden, admitted failing to comply with EU provision concerning food safety and hygiene on the morning of his trial.

The incident happened in July 2023.

Ms Filmer, prosecuting on behalf of Stoke-on-Trent City Council, said: "[A customer] phoned the restaurant and advised their partner suffered a severe nut allergy. They enquired as to whether the chicken tikka masala could be made nut-free.

"She was assured the chicken tikka masala would be made nut-free, with almond powder being removed. [Her partner] was dipping into the chicken tikka masala and immediately suffered anaphylaxis.

"His tongue tingled, his throat started to tighten, he was unable to swallow and came out in a rash. He used his EpiPen and an ambulance was dispatched.

"He suffered anaphylactic shock due to consuming just a small amount of food at home. It was fortunate he had an EpiPen to hand on this occasion."

Trading Standards were contacted, with officers attending the home to take samples of both curries.

Ms Filmer said: "[Ali] admitted his staff had not received specific allergy training.

"He shouldn't have delegated allergen-sensitive instructions. The consequence was an entirely preventable medical emergency."

Joanne Corbett, defending, said the incident had been a one-off and there had been no others reported to the council.

She added that Ali was an award-winning chef with more than 25 years' experience, and who had cooked for consulates in India.

She said: "He has an unblemished record with no previous convictions. He runs this business and opened it in 2022, he is still building it up.

"He prides himself on being able to supply meals to people with intolerances and allergies. On this occasion he is not quite sure what went wrong.

"The person who took the initial call perhaps has not had enough training. She had had some training and further training has been put in recently for people to acknowledge intolerances and what is required of them.

"As soon as the position was made clear another meal was sent. It wasn't just wilful neglect and he is unsure how it came to pass.

"The individual did have anaphylactic shock and an ambulance was called. By the time the ambulance was there the situation was under control and the EpiPen had done what it needed to do.

"[Ali] is extremely remorseful – it has had an adverse effect on him. He prides himself on his work," she added.

Magistrates fined Ali £432. He was also ordered to pay £500 compensation to the affected customer, as well as £2,068 in costs.

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