Isla, a restaurant on North Road in Durham city centre, has been ordered to pay £8,275 after selling oat milk cappuccinos that contained milk proteins on two separate occasions. The case, brought by Durham County Council, highlighted the risk of serious allergic reactions for customers with dairy allergies.
Council officers uncover milk in 'dairy-free' drinks
In August 2024, two council officers visited Isla, owned by Coarse Restaurant Limited, and purchased a sample of an oat milk cappuccino advertised as dairy-free. Laboratory analysis revealed the drink contained milk proteins at levels high enough to trigger an allergic reaction. The business was informed and subsequently implemented new measures, including a policy to stop offering allergen-free products and staff training with signed acknowledgment forms.
However, in May 2025, officers returned and again requested a dairy-free oat milk cappuccino, explicitly informing staff of a milk allergy. The drink tested positive for milk proteins at even higher levels than the first sample. When asked for food safety management paperwork, a matrix sheet for baked goods was shown, and additional documents were later emailed. The staff member who served the drink had not signed the allergen policy acknowledgment.
Company response and court proceedings
During an interview, a representative of Coarse Restaurant Limited stated that the 2025 incident involved a staff member who forgot the allergen policy, despite having received training. The company conducted an internal investigation but could not determine how the contamination occurred. In court, Coarse argued that the 2025 drink would not have caused anaphylactic shock, though no evidence supported this claim, and described the matter as 'very distressing.'
The court noted Coarse's good hygiene history and rating, as well as the allergen measures now in place. The company pleaded guilty to two charges, including supplying unsafe food. It was fined £5,000, ordered to pay a £2,000 victim surcharge, and £1,274 in costs, totalling £8,275.
Council warning to businesses
Mark Anslow, Durham County 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.' He added that Isla had acted on advice after the first failure but failed to fully implement controls, leading to a second incident that 'could have been serious for anyone with a milk allergy.'
Anslow urged businesses to take allergen responsibilities seriously, stating: '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.'
