Food Hygiene Reports & Photographic Records relating to FOI 4671990

Summary

The request sought detailed food hygiene inspection reports and photographic records for six specific establishments with an indicative rating of one. The Department of Environment, Food and Agriculture refused the request, citing that disclosure would prejudice the effective conduct of public business under Section 35 of the Act.

Key Facts

• The request targeted six establishments: Noa at Market Hall Limited, Noa Bakehouse Limited, Café Delight, J R Riley Ltd, Court Café, Chengdu Impression Chinese Restaurant, and Delissimo.
• The information was withheld under Section 35 of the Freedom of Information Act.
• The authority determined that the public interest in maintaining the exemption outweighed the interest in disclosure.
• The refusal was based on the need to protect the due process of unannounced inspections and follow-up actions.
• The Food Hygiene Rating for these establishments is already publicly available via the FOI disclosure log.

Data Disclosed

• 4741205
• 4671990
• 2025-06-20
• 2025-08-13
• 17 July 2025
• 19th May 2025
• Section 35
• Food Act 1996
• Health and Safety at Work etc Act 1974
• Food Hygiene Regulations 2006
• Food Information Regulations 2014
• Rating of One

Exemptions Cited

• Section 35 of the Act (Prejudice to the effective conduct of public business)

Original Request

Further to the publication (DEFA Response to FOI 4671990 submitted 19th May 2025) of those establishments being determined as having an indicative FHRS Rating of One I seek further information in respect of the following establishments: Noa at Market Hall Limited & Noa Bakehouse Limited, Café Delight, J R Riley Ltd, Court Café, Chengdu Impression Chinese Restaurant and Delissimo. The information sought is: For each establishment the food hygiene inspection report and photographic images held in relation to the inspection together with information generated following the inspection (follow up correspondence between DEFA and the establishment etc).

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: 4741205 17 July 2025

Dear ###

We write further to your request, received 20 June 2025, which states:

"Further to the publication (DEFA Response to FOI 4671990 submitted 19th May 2025) of those establishments being determined as having an indicative FHRS Rating of One I seek further information in respect of the following establishments: Noa at Market Hall Limited & Noa Bakehouse Limited, Café Delight, J R Riley Ltd, Court Café, Chengdu Impression Chinese Restaurant and Delissimo. The information sought is:

For each establishment the food hygiene inspection report and photographic images held in relation to the inspection together with information generated following the inspection (follow up correspondence between DEFA and the establishment etc)."

While our aim is to provide information whenever possible, in this instance the information is exempt under section 35 of the Act, as disclosure would be likely to prejudice the effective conduct of public business. This is because a disclosure under the Act is deemed as a disclosure to the world rather than a disclosure to an individual requestor, and as such the information is uncontrollable once published. We must therefore protect both the Department and the Food Business Operators to allow the Department to adhere to due process and ensure appropriate governance is employed at all times to meet wider business objectives and purposes.

To provide advice and assistance, the due process includes an unannounced food hygiene inspection, followed by the production of a report containing recommendations for the Food Business Operator. Where necessary, diarised follow-up visits will be scheduled at appropriate intervals to ensure that any areas of concern have been addressed. Additional information and formal action will be taken as required to guarantee that improvements are implemented.

As section 35 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 • To promote openness and transparency
• The information may become public in the future

• Release of information could promote public understanding and informed debate
• Release of information could ease concerns about food safety
• Release of information provides an opportunity for informed customer choice

Factors in favour of withholding • The consequences of disclosure of the information would likely effect conduct of public business under: o Food Act 1996 o Health and Safety at Work etc Act 1974 (an Act of Parliament) as applied to the Isle of Man o Food Hygiene Regulations 2006 o Food Information Regulations 2014 • Disclosure of the information would likely have an adverse effect on the ability of the Department to offer an effective public service
• Disclosure of the information would likely have an adverse effect on the ability of the Department to meet its wider objectives and purpose
• Disclosure of information about an ongoing matter may cause prejudice or future prejudice to the food business operator
• The matter is live
• Food Hygiene Rating already publicly available via FOI disclosure log

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 the information.

Please quote the reference number 4741205 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.