Food Hygiene Inspection & Enforcement (0&1 Rated Premises) 2024

Summary

The requester asked for details on food hygiene inspections and enforcement actions for premises rated 0 or 1 between January and June 2024. The Department of Environment, Food and Agriculture refused the request, citing an exemption because the data is held for future publication as part of a new scheme.

Key Facts

• The request covered food hygiene data for the period 1st January 2024 to 30 June 2024.
• The authority withheld information under section 41 of the Act as it is held for future publication.
• The Department plans to develop an improved food hygiene scheme by Q2 2026.
• The public interest test concluded that withholding the data temporarily outweighs immediate disclosure to prevent misrepresentation.
• The final outcome of the request was 'Not upheld'.

Data Disclosed

• 1st January 2024
• 30 June 2024
• Q2 2026
• 15 August 2025
• 15 October 2025
• 2025-11-28
• 4877317
• Section 41

Exemptions Cited

• Section 41 of the Act (Information held with a view to future publication)

Original Request

For the period 1st January 2024 to 30 June 2024 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 Copies of hygiene inspection reports, photographic images taken and such information relating to any follow up actions; 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: 4877317 15 October 2025

Dear ###

We write further to your request, received 15 August 2025, which states:

"For the period 1st January 2024 to 30 June 2024 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

Copies of hygiene inspection reports, photographic images taken and such information relating to any follow up actions; 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."

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 41 of the Act as it is held with a view to being published at a future date.

To offer advice and assistance, the Department Plan Update 2025 commits the Department to develop an improved food hygiene scheme by Q2 2026 and in these circumstances it is reasonable that the information be withheld from disclosure until that time.

Further information regarding the Department Plan 2025 can be found here:
DEFA Department Plan 2025

As section 41 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 • Releasing the information promotes public confidentiality in food safety enforcement
• Releasing the information enables scrutiny of public decisions and actions
• Disclosure of hygiene ratings may help the pubic make informed choices
• If the planned publication is not imminent, the public interest in early access may outweigh the benefits of withholding
• If the information is already complete and accurate there may be less justification for withholding it

Factors in favour of withholding • The Department is actively developing a scheme to make food hygiene ratings publicly available.
• Premature disclosure could undermine the integrity of the scheme
• Premature disclosure could lead to misrepresented information before it is validated
• The Department is working to ensure the information is released in a format that is accurate, accessible and fair
• The Department acknowledges that there is a clear public interest in food safety transparency, but this must be balanced against the need to ensure the information is released in a responsible manner
• The Department believes that the public interest in withholding the information temporarily outweighs the interest in immediate disclosure, given the planned publication and the potential for misinterpretation or reputational harm to businesses without proper context
• The Department Plan Update 2025 commits the Department to develop an improved food hygiene scheme by Q2 2026

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 4877317 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