Social distancing police advice to shop owners

Summary

A requester asked the Isle of Man Constabulary to confirm if police advice stated that shop owners had no responsibility for ensuring social distancing. The authority refused to provide specific documents, citing that the information was already reasonably accessible via social media and government websites.

Key Facts

• The request was made on 2020-05-04 regarding police advice on social distancing responsibilities for shop owners.
• The Constabulary stated they enforce the law but do not enforce government guidance.
• Information was withheld under Section 20 of the Act because it was already reasonably accessible to the public.
• The Constabulary listed their Covid priorities as 40mph speed limits, isolation directives, social gatherings, and criminal behaviour.
• The response directed the requester to official social media channels and the government website for advice details.

Data Disclosed

• 2020-05-04
• 6 May 2020
• 1279945
• 40mph
• 686262
• IM2 4RG

Exemptions Cited

• Section 20 of the Act (Information already reasonably accessible)

Original Request

Dear Sirs I note on social media that in relation to a photograph, that appeared to show a total lack of social distancing. That the company involved has advised that Isle of Man Police issued the advice it is down to the public, not the shop to ensure social distancing Given the shop was selling ice cream a non essential item and the Government are issuing clear guidelines that the population, should social distance . Can the Isle of Man Constabulary, confirm this is the advice being supplied during the pandemic . The ice cream shop has published the police advice and it does appear particularly stupid advice , for the constabulary to be giving out , especially when individuals in the Isle of Man have been imprisoned for breaches of covid 19 rules . But I would appreciate clarification that shop owners have no responsibility for ensuring social distancing as far as the police are concerned.

Data Tables (1)

Full Response Text

Isle of Man Constabulary Freedom of Information Police Headquarters Dukes Avenue Douglas Isle of Man IM2 4RG

Our ref: 1279945 6 May 2020

Dear ###

We write further to your request which was received on 4 May 2020 and which states:

"Dear Sirs I note on social media that in relation to a photograph, that appeared to show a total lack of social distancing. That the company involved has advised that Isle of Man Police issued the advice it is down to the public, not the shop to ensure social distancing Given the shop was selling ice cream a non essential item and the Government are issuing clear guidelines that the population, should social distance . Can the Isle of Man Constabulary, confirm this is the advice being supplied during the pandemic . The ice cream shop has published the police advice and it does appear particularly stupid advice , for the constabulary to be giving out , especially when individuals in the Isle of Man have been imprisoned for breaches of covid 19 rules . But I would appreciate clarification that shop owners have no responsibility for ensuring social distancing as far as the police are concerned."

While our aim is to provide information whenever possible, under section 20 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you, whether free of charge or on payment of a fee. All of the information that you have requested is available from Details of the Constabulary advice can be found here: Facebook: https://www.facebook.com/IOMpolicemedia/ Twitter: https://twitter.com/TweetbeatIOM Instagram: https://www.instagram.com/isleofmanpolice/ In relation to Covid matters we refer to the Govt website www.gov.im/coronavirus or the call centre 686262

The Constabulary Covid priorities are:- 40mph, directed to isolate, social gatherings (this is not social distancing) and criminal behaviour. The Constabulary enforces the law and do not enforce government guidance. It is government guidance not to smoke, but it only becomes an enforcement matter when it is done in a car with a child or in a public building. Powers to enforce fall to us in the former, but to health and safety in the latter.

Please quote the reference number 1279945 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date. Yours sincerely