Food premises prosecuted, fined or warned over food hygiene breaches

Summary

The request sought data on food hygiene inspections, breaches, prosecutions, fines, and warnings for Isle of Man premises between January 2022 and October 2024. The authority provided a breakdown of 270 inspections and details on warnings issued, but refused to provide specific breach statistics due to the substantial compilation required, while confirming zero prosecutions and fines.

Key Facts

• A total of 270 proactive, unannounced food hygiene inspections were conducted between January 2022 and October 2024.
• There were zero food premises prosecuted or fined during the requested period.
• The authority refused to provide the total number of premises found in breach of regulations, citing Section 11(2)(b) of the FOIA regarding substantial compilation.
• Multiple Hygiene Improvement Notices were served, primarily in February 2023, July 2023, and February 2024, citing issues such as damaged ceilings, lack of hand basins, and poor HACCP management.
• Restaurants/Cafes/Staff Canteens accounted for the highest number of inspections with 64, followed by Takeaways and Mobile Food Premises with 43 each.

Data Disclosed

• 270
• 0
• 64
• 43
• 24
• 16
• 33
• 17
• 01/01/22
• 31/10/24
• 01/02/2023
• 27/07/2023
• 07/02/2024

Exemptions Cited

• Section 11(2)(b) of the Freedom of Information Act (FOIA) - substantial compilation or collation of information

Original Request

How many food premises have been inspected between January 2022 to October 2024? Could you break it down between those deemed high risk, such as hospitals, schools and care homes, etc and commercial premises, such as cafes, restaurants and leisure facilities (e.g. sports/swimming centres, play areas, cinemas) Could you please provide details on the number of food premises which have been found in breach of food hygiene regulations over the past three years. Could you proved details on how many food premises have been prosecuted between January 2022 to October 2024? Could you provide details on how many food premises have been fined between January 2022 to October 2024? Could you also provide details on food premises that have been handed a warning between January 2022 to October 2024?

Data Tables (9)

Full Response Text

1. How many food premises have been inspected between January 2022 to October 2024? Could you break it down between those deemed high risk, such as hospitals, schools and care homes, etc and commercial premises, such as cafes, restaurants and leisure facilities (e.g. sports/swimming centres, play areas, cinemas)

Main Use of Food Business Premises No. of proactive, unannounced food hygiene inspections where risk rating was carried out 01/01/22 to 31/10/24 FMP1 - Meat Manufacturer 1 FMP2 - Milk Processor and dairy processor 1 FRES1 - Restaurant/ Café/ Staff Canteen 64 FRES2 - Nursery/ Playgroup/ Preschools 24 FRES3 - Schools & Colleges 16 FRES4 - Sports Club/ Community Centre/ Sports Hall 7 FRES5 - Takeaway 43 FRES9 - Night Club/ Club with bar 1 FRES13 - Farm/Smallholding 1 FRES15 - Home Baker/ Confectionary/ Preserves 6 FRES16 - Hospital/ Residential Home/ Care Facility 33 FRES17 - Hotel/ B&B/ Guesthouse 5 FRES18 - Food Manufacturing/ Processing 17 FRES19 - Mobile Food Premises 43 FRES22 - Outside Catering – Domestic Premises 2 FRES23 - Pubs & Clubs 1 FRES25 - Retailer/ Shops 5 Total
270

1. Could you please provide details on the number of food premises which have been found in breach of food hygiene regulations over the past three years.

Section 8(3)(c) of the Freedom of Information Act (FOIA) states that nothing in the Act requires a public authority to undertake substantial compilation or collation of information that it holds. To respond to this question the Department would be required to manually search the records of the 270 Food Business Operator (FBO) that had been inspected in this period to see what, if any, breaches of food hygiene regulations were identified during the visit. The Department therefore cannot provide an answer to this question and apply a practical refusal under Section 11(2)(b). Where the breach was significant, formal action would be taken, as outlined in the cases listed in respect of question 5.

1. Could you provide details on how many food premises have been prosecuted between January 2022 to October 2024?

Between January 2022 and October 2024 there have been zero food premises that have been prosecuted.

1. Could you provide details on how many food premises have been fined between January 2022 to October 2024?

Between January 2022 and October 2024 there have been zero food premises that have been fined.

1. Could you also provide details on food premises that have been handed a warning between January 2022 to October 2024?

Food Hygiene Regulations 2007
Hygiene Improvement Notice DATE SERVED EXPIRY / LIFTED The ceilings were damaged and defective in a number of places 01/02/2023 01/03/2023 The floor covering throughout the premises was in disrepair
01/02/2023 01/03/2023 There was no designated wash hand basin with hot and cold running water
01/02/2023 16/02/2023 There was no evidence of staff training and poor hygiene awareness/ practices were observed during our two most recent visits 01/02/2023 01/03/2023 Food safety is not being managed effectively at your premises and you do not have a documented food safety management system based on HACCP principles.
01/02/2023 03/04/2023 The ceilings were damaged and defective in a number of places 01/02/2023 01/03/2023 The floor covering throughout the premises was in disrepair
01/02/2023 01/03/2023 There was no designated wash hand basin with hot and cold running water
01/02/2023 16/02/2023 There was no evidence of staff training and poor hygiene awareness/ practices were observed during our two most recent visits 01/02/2023 01/03/2023 Food safety is not being managed effectively at your premises and you do not have a documented food safety management system based on HACCP principles.
01/02/2023 03/04/2023 No documented procedures
23/02/2023 30/03/2023 The floor covering throughout the premises was in disrepair
27/07/2023 26/10/2023 There was no evidence of staff training and poor hygiene awareness/ practices were observed during our two most recent visits
27/07/2023 07/08/2023 Food safety is not being managed effectively at your premises and you do not have a documented food safety management system based on HACCP principles.
27/07/2023 28/09/2023 Unable to provide documents and records commensurate with the nature and size of the business to demonstrate that a procedure or procedures based on HACCP principles have been put in place, implemented and maintained
07/02/2024 01/05/2024 The wash hand basin in the food storage / preparation area did not have a constant supply of hot and cold running water (or appropriate mix) at the time of inspection 13/03/2024 15/05/2024 The floor coverings throughout the basement kitchen and food preparation areas were in disrepair. 13/03/2024 15/06/2024 The ceilings in the basement kitchen and food preparation areas were damaged and defective in a number of places. 13/03/2024 15/06/2024 Food safety is not being managed effectively at your premises and you do not have a documented food safety management system based on HACCP principles. 13/03/2024 15/05/2024 There was no evidence of staff training and poor food hygiene awareness/ poor practices were observed during our most recent inspection
13/03/2024 15/05/2024 The washbasin within the main cooking area is not suitably located therefore is in contravention of Annex II, Chapter I, Paragraph 4 of Regulation (EC) No. 852/2004. This is an offence under Regulation 17 of the Food Hygiene Regulations 2007.
07/03/2024 01/06/2024 The floor surfaces are not maintained in a sound condition and are not easy to clean and, where necessary, to disinfect. The flooring in your premises does not meet the requirements of Regulation (EC) No 852/2004 Annex II Chapter II, Paragraph 1. This is an offence under Regulation 17 of the Food Hygiene Regulations 2007. 07/03/2024 01/06/2024 You have not put in place, implemented and maintained a permanent procedure or procedures based on HACCP principles contrary to the requirements of Article 5 of EC Regulation 852/2004. This is an offence under Regulation 17 of the Food Hygiene Regulations 2007. Please see attached schedule containing the evidence observed in relation to this contravention. 07/03/2024 01/06/2024 Food handlers are not being supervised and instructed and/or have not received training commensurate with their work activities contrary to the requirements of Annex II, Chapter XII, Paragraph 1 of Regulation (EC) 852/2004. This is an offence under Regulation 17 of the Food Hygiene Regulations 2007.
07/03/2024 01/06/2024 Food safety is not being managed effectively at your premises and you do not have a documented food safety management system based on HACCP principles. 17/10/2024 02/12/2024 There was no evidence of staff training and poor food hygiene awareness/ poor practices were observed during our most recent inspection
17/10/2024 02/12/2024

Food Hygiene Regulations 2007 Hygiene Improvement Notices Totals:  2023 – 14  2024 - 12

Food Hygiene Regulations 2007 Voluntary Closure DATE SERVED EXPIRY / LIFTED Poor Cleanliness/Practices
16/09/2022 30/09/2024 Poor Cleanliness/Practices
13/10/2022 13/10/2022 Poor Cleanliness/Practices
21/10/2022 26/10/2022 Poor Cleanliness/Practices
03/11/2022 04/11/2023 Poor Cleanliness/Practices
08/11/2022 10/11/2022 Poor Cleanliness/Practices
21/11/2022 24/11/2022 Poor Cleanliness/Practices
29/03/2023 31/03/2023 Poor Cleanliness/Practices
12/07/2023 14/07/2023 Pest Control Issues 19/01/2023 24/01/2023 Poor Cleanliness/Practices
10/05/2023 12/05/2023 Poor Cleanliness/Practices
16/05/2023 17/05/2023 Poor Cleanliness/Practices
18/05/2023 19/05/2023 Poor Cleanliness/Practices No hot water to premises 14/08/2023 15/08/2023 Poor Cleanliness/Practices Fire risks identified
19/09/2023 21/09/2023 Poor Cleanliness/Practices
11/12/2023 14/12/2023 Poor Cleanliness/Practices
12/02/2024 16/02/2024 Poor Cleanliness/Practices
29/08/2024 30/08/2024 Food Hygiene Regulations 2007 Voluntary Closure Totals:  2022 – 6
 2023 – 9  2024 - 2

Food Hygiene Regulations 2007 Remedial Action Notice DATE SERVED EXPIRY / LIFTED Food Safety Management System has failed to prevent recurring visible contamination 17/11/2022 23/11/2022 FBO unable to demonstrate that use by dates are appropriate 02/02/2024 ongoing

Food Hygiene Regulations 2007 Remedial Action Notice Totals:  2022 – 1  2024 – 1

Food Information Regulations 2014 Improvement Notice DATE SERVED EXPIRY / LIFTED Information was not available to consumers for certain substances or products causing allergies or intolerances (either orally or in writing) for products placed on the market
27/07/2023 07/08/2023 Information was not available to consumers for certain substances or products causing allergies or intolerances (either orally or in writing) for products placed provided
07/03/2024 10/05/2024 Article 9 (1) (C) of Regulation (EU) 1169/2011 on the provision of food information to consumers (as specified by Schedule 5 of the Food Information Regulations 2014) because: at the time of inspection on Monday 4th March 2024, there was insufficient information available for food handlers to provide accurate information to customers on the ingredients within products sold
13/03/2024 15/04/2024

Food Information Regulations 2014 Improvement Notice Totals:  2023 – 1  2024 – 2

Health and Safety at Work etc. Act 1974 Prohibition Notice DATE SERVED EXPIRY / LIFTED Solid fuel tandoori oven - Carbon Monoxide Risk
27/06/2022 12/05/2023 Sleeping in inner room
15/11/2022 Ongoing Solid fuel tandoori oven - Carbon Monoxide Risk
30/01/2024 Ongoing Sleeping in inner room
10/01/2024 Ongoing

Health and Safety at Work etc. Act 1974 Totals:  2022 – 2  2024 – 2

Public Health Act 1990
Nuisance Abatement Notice DATE SERVED EXPIRY / LIFTED The discharge at street level of effluvia from the extract system serving a solid fuel cooking appliance 18/11/2022 12/05/2023

Public Health Act 1990 Nuisance Abatement Notice Totals:  2022 – 1

Freedom of Information Co-ordinator Corporate Services Directorate Thie Slieau Whallian, Foxdale Road, St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im www.gov.im

Our ref: 4269249 13 December 2024

Dear ###

We write further to your request, received 21 November 2024, which states:

"How many food premises have been inspected between January 2022 to October 2024? Could you break it down between those deemed high risk, such as hospitals, schools and care homes, etc and commercial premises, such as cafes, restaurants and leisure facilities (e.g. sports/swimming centres, play areas, cinemas)

Could you please provide details on the number of food premises which have been found in breach of food hygiene regulations over the past three years.

Could you proved details on how many food premises have been prosecuted between January 2022 to October 2024?

Could you provide details on how many food premises have been fined between January 2022 to October 2024?

Could you also provide details on food premises that have been handed a warning between January 2022 to October 2024?"

The Department contacted you on 28 November for further clarification regarding the meaning of ‘handed a warning’. You contacted the Department on 28 November and identified ‘handed a warning’ as any formal verbal or written warnings are issued by DEFA to premises who have breached any of the regulations.

For ease the Department has numbered your request into questions, and I have attached the information that is being released to you.

Please quote the reference number 4269249 in any future communications.

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