Sefton Magistrates’ Court was told the customer ordered her meal through Just Eat on March 21 last year and specified she did not want it to contain nuts because of an allergy.
However, after just one bite of the dish from Nasib Tandoori in Birkdale she suffered a serious allergic reaction and was rushed to hospital.
At an earlier hearing, Lal Miah, 62, pleaded guilty to an offence under the Food Safety Act 1990 and a number of hygiene issues including failing to keep the equipment which comes into contact with food clean and disinfected, and surfaces left covered in grease.
Prosecutor Katie Parker, from Sefton Borough Council, said the customer had been reassured the meal did not contain peanuts.
“After a forkful of the lamb bhuna and a forkful of pilau rice she suffered an immediate allergic reaction and was taken to hospital. At hospital she felt extremely unwell and fainted,” she said.
The court was told the customer vomited and struggled to breathe before being rushed to the resuscitation ward of A&E. Tests on the dish later revealed it contained peanut protein.
Miss Parker also told the court food hygiene inspectors found Nasib Tandoori to be filthy, with floors and surfaces coated in dirt and grease.
Upon re-inspection one week later officers found the standard to be satisfactory and the take-away was later awarded a five star food hygiene rating.
Soyab Patel, defending, told the court that Miah had been in business in Birkdale for almost 30 years and that the incident had left him “mortified”.
He said: “Like many of his generation Mr Miah came to this country with nothing and made a living.”
Mr Patel said when receiving an order from someone with a nut allergy Nasib Tandoori usually called customers to say they could not provide their dish if it contained nuts.
However on this occasion the head chef failed to identify that the customer had asked for no peanuts. The head chef has since been dismissed and an application to strike the company off submitted.
Mr Patel said: “It is a sad end to a business built on hard work, drive and passion for just under 30 years.”
A Sefton Council spokesperson said: “The outcome of this case, and significant fine imposed by the magistrate, helps to highlight the seriousness of dealing with issues of allergies in food premises.
“There was a blatant disregard for the customer’s safety, and for failing to keep the premises clean and in good repair to prevent any cross-contamination.
“It is a legal requirement to ensure that allergy requests are adhered to and, in cases where this is not proven to be the case, enforcement action will be taken.”