A St Helier restaurant has been fined £10,000 for serving a customer with a severe sesame allergy a sesame-based yoghurt – despite twice assuring her that it did not contain the allergen including when she was in the middle of an anaphylactic shock.
And, having admitted the error to the customer and telling her that steps had been taken to update the menu’s allergy information, inspections carried out by the Environmental Health Department more than a month later found the new menu still displaying the same incorrect information.
The incident took place at The Pavilion on 2 July 2025 when the victim attended the restaurant “with friends for a birthday celebration” on the afternoon of 2 July 2025.
The customer went on to have a anaphylactic shock requiring treatment at the Emergency Department, where she was given adrenalin via an EpiPen and monitored for around five hours.
Restaurant director Zara Kramer appeared at the Magistrate’s Court yesterday on behalf of the enterprise charged with selling a food “not of the nature demanded by the purchaser”.
Crown Advocate Robert Christie, prosecuting, said:“The manager working at that time came to her order, at which point it was disclosed that she was allergic to sesame seeds.
“[The customer] ordered a dish called The Jersey Hash and checked with the manager whether it was a suitable dish for persons with the allergy.
“She was told it would be fine, and the allergy key on the menu also said it was free from sesame or nuts.”
Advocate Christie explained that when the customer began eating the dish her throat immediately became “really sore”, her lips “started to swell” and her eyes turned “bloodshot and watery”.
“She went to the toilet and vomited, at which point she thought it likely she was having an allergic reaction”, he added.
Both the victim and her friend were then “told again” by the manager that no sesame seeds were used in the dish.
“She began to feel increasingly unwell,” the prosecutor added. “And as she had been told there were no allergens present she began to doubt herself whether she was indeed having an allergic reaction.
“She paid the bill and started to feel worse – when she reached the car park nearby she vomited again and realised she needed to attend A&E.”
The victim was then taken to hospital, where she was given adrenalin through an EpiPen and a course of antihistamines, the court heard.
“She was monitored for four to five hours and it was confirmed that she suffered anaphylaxis”, Advocate Christie said.
The customer later reported her reaction to the restaurant who confirmed that a tahini yoghurt with sesame paste had been served to her erroneously.
It was heard that the incident was due to a “preparation error” and “steps were taken” by staff to amend the menu accordingly.
However, Environmental Health inspections on 19 and 28 August respectively found the new menu still displaying the same incorrect information.
Advocate Mike Preston, defending, argued that the incident was not systems-related, but instead attributable to a “rogue member of staff”.
He told the court that a recently hired “second chef” had been alerted to the allergy both in writing and verbally by the restaurant manager after the order was taken.
“This particular dish is served with a side order of either tahini – or in the circumstances of an allergy – a plain yoghurt.
“Those look like exactly the same thing [and] the person charged with the responsibility of plating it up was told that this is a ‘plain yoghurt situation’.
“Unfortunately, it appears that what he did was put tahini on the plate.”
He added that when the potential allergic reaction was identified to the same chef, he “assured” the manager he hadn’t used the sesame-based tahini yoghurt.
“Therefore, it was the general manager’s belief at the time that no tahini had been used in the plain yoghurt”, Advocate Preston noted.
It was then heard that the second chef – who was subsequently dismissed from his role – had since died.
Magistrate Bridget Shaw, presiding, described the incident as an “accident waiting to happen”.
Addressing Ms Kramer, she said the case involved “an allergy which can be fatal” and “one where, if proper care isn’t taken, there is a high risk of serious adverse effect on the individual”.
She refused to accept Advocate Preston’s characterisation of the incident as attributable only to actions of a “rogue” chef.
“There should have been some way, in my view, of identifying which was the potentially harmful product to your customer who had the allergy, and which was the harmless product,” she said.
“If a restaurant can’t distinguish between an allergic substance and a non-allergic substance if they look identical on the plates, they shouldn’t be serving them.
“The three dishes here all had side orders of yoghurt.
“If the tahini looks identical to the plain yoghurt, then how is anyone to know who gets which plate, and what is out on each plate?
“That is where your company fell seriously below the required standard.”
The judge concluded: “I understand you have now rectified everything, but it did take you some time.
“What is on the menu needs to be absolutely accurate, because people are relying on that, they’re putting their faith in you [because] it’s out of their control to know what is in the product.
“They’re putting their health and life in your hands. Because some allergic reactions can develop into a very strong reaction very quickly.”
She ordered the restaurant to pay a fine “at the top of the Magistrate’s sentencing powers” of £10,000.
A visibly upset Ms Kramer – who said the restaurant would need “a long time” to pay the sum – was given 12 months to pay it via instalments.
The victim was also awarded £500 in compensation.


