Girl, 12, died following 'tragic' allergic reaction to milkshake after cafe 'failed to wash blender' thoroughly
27 January 2025, 14:54
The parents of a 12-year-old girl who died after having a severe allergic reaction to a milkshake have said her death was entirely avoidable after the cafe who made the drink was handed a £18,000 fine.
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Mia Shay St Hilaire, from Sydenham, south-east London, died in hospital on August 30 2023 after drinking the milkshake at Pop Inn Cafe, in Bermondsey.
The 12-year-old, who suffered from a tree nut allergy, was taken to hospital after suffering a severe allergic reaction.
On Monday, it was found that the cafe's proprietor, Baris Yucel, had failed to follow the correct protocols when it came to the cleaning of equipment - ultimately leading to the young girl's death.
It is believed that hazelnuts and almonds contaminated the drink prepared for Mia, Southwark Council said.
CCTV footage showed the cafe's operator, Baris Yucel, had not cleaned the blender before making Mia's drink and the council said there were substances left behind from the preparation of another drink which caused her to react.
In December last year Mr Yucel, 47, pleaded guilty at Croydon Magistrates' Court to six charges, including serving food that contained an allergenic ingredient that should not have been present.
He was fined £18,000 and given a 100-hour community order at a sentencing hearing on Friday at the same court.
Croydon Magistrates' Court heard Mia-Shay had visited the cafe with her aunt and sister on August 25, 2023.
After she was taken to hospital, Mia spent five days in intensive care before she passed away.
Mia's parents, Adrian and Chanel, said in a statement on Monday: "We think of Mia every day and knowing her death could potentially have been prevented so simply, only adds to how heartbroken we are as a family.
"We hope this conviction and fine sends a loud message to businesses serving food and drinks across the country, of the devastating consequences of failing to take food safety seriously."
Michelle Victor, a lawyer representing the family, said businesses failing to adhere to food safety legislation can have "tragic consequences".
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"Mia and all other children with allergies should be able to feel safe knowing that businesses serving food and drink adhere to food safety legislation put in place to protect their lives," she said. "But unfortunately, far too often we see that this doesn't happen, which can have tragic consequences such as in this case.
"We are continuing to support Mia's family and, while no outcome will ever make up for the loss they have suffered, this criminal prosecution is an important part of their fight to achieve justice for all those suffering with food allergies."
Southwark councillor Natasha Ennin called the incident a "tragedy".
"This might have been avoided if the operator of the cafe had followed simple food safety rules, and our officers will continue to work with local businesses to help ensure these are followed by all food outlets in Southwark," she added.
An enforcement officer from the council has made several visits to the cafe to ensure procedures to prevent a similar incident are being maintained.
A lawyer for Mr Yucel said the cafe operator thinks of Mia and her family every day.
In a statement, the lawyer said: "Prior to sentencing Mr Yucel, District Judge Dean commented that the 47-year-old defendant was of previous good character and that throughout the 22 years in the food business, there have been no previous incidents reported against him.
"Pop Inn Cafe had a good food safety record and the Judge accepted that Mr Yucel had shown genuine remorse.
"He took immediate steps to better educate himself in September and October 2023 and pleaded guilty at the first opportunity.
"Regrettably, the cafe were not notified by the child's guardian that the child was allergic to tree nuts and the Judge stated that apart from the lack of signage as to notifying the establishment of any food allergies/intolerances, that this would not have prevented the tragic consequences which followed.
"Mr Yucel has had to live with the consequences (of) what happened and a day does not go by when he does not think about the child and her family.
"Pop Inn Cafe was granted a Food Hygiene Rating of 5 in October 2023 and it remains at this level after a full inspection by Southwark Council in September 2024."
