Legal Guidance and Research / Experts / Richard Heller
Richard Heller#2026
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Richard Heller

Drystone Chambers

Richard is a specialist practitioner with considerable experience across the spectrum of regulatory crime with an emphasis on trading standards and food safety. His headline practice areas also include health and safety, fraud, planning enforcement and confiscation. He acts for a number of regulators and defends both individuals and businesses.

He has appeared in leading authorities concerning intellectual property crime (R v Brayford [2011] 1 Cr. App. R. (S.) 107), abuse of process and costs (Focus (DIY) v Hillingdon Council [2008] All ER (D) 117), listed building offences (R v Rance [2013] Crim. L.R. 74) and planning enforcement (R v Kohali [2016] 1 Cr. App. R. (S.) 30).

He has acted in some of the most serious cases concerning outbreaks of food-poisoning (three involving fatalities) and in two of the largest prosecutions taken by trading standards services in England, in addition to many other major operations.

He has been instructed by the National Trading Standards Board to advise on the enforcement of new legislation and has spoken at the last seven annual conferences of the Chartered Trading Standards Institute. Richard has lectured and written extensively on his practice areas and has been published in 'Local Government Lawyer', 'Trading Standards Today' and Kingsley Napley's 'The Regulator'.

In 2012, Richard was appointed to the Unified List of Specialist Regulatory Lawyers in Health and Safety and Environmental Law.

Since 2010, Richard has been listed in Chambers & Partners as a leading barrister in Consumer Law where he is commended for 'combining substantial skill with a steady reassuring hand' and for having 'vast technical knowledge'.

Practice Area

Panel

  • Consulting Editorial Board

Qualified Year

  • 1998

Membership

  • Association of Regulatory and Disciplinary Lawyers
  • Criminal Bar Association
  • Health and Safety Lawyers Association

Education

  • BA (Hons)
  • PGDL
  • BVC

3 Contributions by Richard Heller

Food Safety Act 1990 Enforcement: Entry and Inspection, Warrants, CJPA 2001 Seizure Powers, and Return of Property Applications (England and Wales)
PRACTICE NOTES
Food Safety Act 1990 Enforcement: Entry and Inspection, Warrants, CJPA 2001 Seizure Powers, and Return of Property Applications (England and Wales)
Enforcement under the Food Safety Act An authorised officer of an enforcement authority may enter any premises within the authority’s area, at all reasonable hours, for the purpose of ascertaining whether the Food Safety Act 1990 (FSA 1990) is being, or has been, contravened on those premises. If the occupier requests it, the officer must be able to produce duly authenticated documentation confirming their authority to act in that capacity. An authorised officer also has the power to enter any business premises, whether inside or outside the authority’s area, to establish whether there is any evidence or indication, on those premises, of any contravention, within that area, of the FSA 1990. An authorised officer of a food authority may, in addition, enter any premises whenever necessary and appropriate in order to perform their functions under the FSA 1990. Where premises are used solely as a private dwelling-house, access to the premises should not be insisted upon as of right unless the occupier has been given 24 hours’ notice of the intended entry...
Corporate Crime
Food Safety and Hygiene (England) Regulations 2013: execution of assimilated EU food law, enforcement powers, offences, due diligence defence, and key regulated activities
PRACTICE NOTES
Food Safety and Hygiene (England) Regulations 2013: execution of assimilated EU food law, enforcement powers, offences, due diligence defence, and key regulated activities
What are the Food Safety and Hygiene (England) Regulations 2013 Known as FSH(E)R 2013 and cited as SI 2013/2996, these regulations apply only in England and took effect on 31 December 2013. All action to enforce food safety and food hygiene is undertaken under these provisions. The Food Standard Agency (FSA) works alongside local authorities and Port Health Authorities when issues arise or breaches of the rules are suspected. Their overall effectiveness is also reviewed using general feedback provided by industry and by enforcement authorities on a continuing general basis...
Corporate Crime
Hygiene Improvement Notices under Regulation 6 of the Food Safety and Hygiene (England) Regulations 2013: criteria, drafting, service, time limits and appeals
PRACTICE NOTES
Hygiene Improvement Notices under Regulation 6 of the Food Safety and Hygiene (England) Regulations 2013: criteria, drafting, service, time limits and appeals
What are hygiene improvement notices? Hygiene improvement notices are tools used by enforcement authorities such as the Food Standards Agency (FSA) or local authorities to uphold the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. A hygiene improvement notice compels a food business operator to take steps necessary to achieve compliance with FSH(E)R 2013, SI 2013/2996. See Practice Note: Applying the Food Safety and Hygiene (England) Regulations 2013. They should not be confused with improvement notices under the Food Safety Act 1990 (FSA 1990). Improvement notices under FSA 1990 serve to enforce regulations made under Part II of that Act. Non-compliance with a hygiene improvement notice under FSH(E)R 2013, SI 2013/2996 constitutes a criminal offence. Guidance on applying hygiene improvement notices is set out in the Food Law Code of Practice issued by the FSA, and the FSA in Wales has also produced a Food Law Code of Practice with related practice guidance for Wales...
Corporate Crime
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