Food Hygiene Inspection & Enforcement 2023 - 0/1 Rated Premises II

Summary

The requester sought details on food hygiene ratings (0 or 1) and enforcement actions for Isle of Man premises between July and December 2023. The Department of Environment, Food and Agriculture released some information but withheld specific enforcement details due to ongoing investigations.

Key Facts

• The request covered food premises open to the public for the sale of food or beverages.
• Information was requested for the period from 1st July 2023 to 31 December 2023.
• The authority cited Section 31(1)(b) of the Freedom of Information Act 2015 to withhold certain data.
• The exemption was applied because the information relates to ongoing investigations that may lead to criminal proceedings.
• The public interest test determined that protecting the integrity of ongoing enforcement outweighed the benefits of disclosure.

Data Disclosed

• 1st July 2023
• 31 December 2023
• 0
• 1
• 2025-04-16
• 2025-05-15
• 4595589
• Health and Safety at Work Act 1974
• Food Act 1996
• Food Hygiene Regulations 2007

Exemptions Cited

• Section 31(1)(b) – Investigations and Legal Proceedings

Original Request

For the period 1st July 2023 to 31 December 2023 inclusive and for premises (restaurants, cafes, takeaways, mobile food outlets etc) open to the general public for the sale of beverages and/or food I request the following information in relation to those premises that were awarded a 0 or 1 food rating only: The number of establishments graded as i) 0 and ii) 1; and The name of those establishments graded i) 0 and ii) 1 together with the date of hygiene inspection; and Details of such enforcement action taken against each establishment named above by reference to those actions detailed in the DEFA "Food Safety Enforcement Policy" e.g. No further action, informal action and advice including informal written warnings, Hygiene Improvement Notice, Hygiene Emergency Prohibition Notice, Service of a Regulation 25 Certificate, Seizure or Detention of Food, Caution, Prosecution (with reference to the applicable Act and Section(s) and outcome of prosecution.

Data Tables (1)

Full Response Text

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: 4595589 15 May 2025

Dear ###

We write further to your request, received 16 April 2025, which states:

"For the period 1st July 2023 to 31 December 2023 inclusive and for premises (restaurants, cafes, takeaways, mobile food outlets etc) open to the general public for the sale of beverages and/or food I request the following information in relation to those premises that were awarded a 0 or 1 food rating only:

The number of establishments graded as i) 0 and ii) 1; and

The name of those establishments graded i) 0 and ii) 1 together with the date of hygiene inspection; and

Details of such enforcement action taken against each establishment named above by reference to those actions detailed in the DEFA "Food Safety Enforcement Policy" e.g. No further action, informal action and advice including informal written warnings, Hygiene Improvement Notice, Hygiene Emergency Prohibition Notice, Service of a Regulation 25 Certificate, Seizure or Detention of Food, Caution, Prosecution (with reference to the applicable Act and Section(s) and outcome of prosecution."

Our response to your request is as follows: I have enclosed copies of the information that is being released to you.

Section 31(1)(b) – Investigations and Legal Proceedings
While our aim is to provide information whenever possible, in this instance some of the information is exempt from disclosure pursuant to section 31(1) of the Act as it is information held by the Department of Environment, Food and Agriculture for the purposes of an investigation, conducted by the Department of Environment, Food and Agriculture, that in the circumstances may lead to criminal proceedings being instituted.

As section 31 is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large.

Factors in favour of disclosure

• Openness and transparency
• Promoting public understanding of processes
• Upholding standards of integrity
• Subject to outcome, information would likely be available following completion of investigation

Factors in favour of withholding • Enforcement investigation ongoing under Health and Safety at Work Act 1974, Food Act 1996 and Food Hygiene Regulations 2007
• Information should remain protected during investigation stage
• The outcome of the investigations or proceedings will be at risk
• Outcome of investigation may lead to enforcement proceedings
• Subject to outcome, information would likely be available to requester following completion of investigations

In taking these factors into account the Department of Environment, Food and Agriculture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing some of the information.

Please quote the reference number 4595589 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.