But would they be liable if they had taken reasonable steps to secure the food items?
Interesting point sock.
Perhaps food retailers should pay to make their rubbish secure until it's removed.
At first it seems like blaming the victim for getting burgled but it's quite common for other businesses to have to take steps to be good neighbours.
Fast food restaurants have clean up patrols, supermarkets get fined if their trolleys are found dumped and city centre bars sometimes club together for security patrols as part of their licence agreements all because they attract trouble.
I read a few years ago in the Littledick's column about a man who was fined by his local council for nuisance caused by not securing rubbish stored in the yard of his business site. He also had to buy a secure cage for it.
People were breaking in and stealing the rubbish for scrap value but then scattering anything worthless in the nearby roads and taking only the valuable stuff.
Littledick was outraged at the imposition on a hard-working small businessman.
But I guess residents were sick of it and it cost the council lots to keep clearing it up.
I agree with dahlen that the prosecution may be because it has public order consequences.
Maybe the answer is for local authorities to ensure food retailers secure discarded food as part of their trading licence.