FOI 0497-2023/24 - Violence Recorded at McDonalds Restaurants

Request: 

I kindly request data related to reported assaults on both staff and customers that occurred at McDonald's restaurants within the jurisdiction of your force during the period of April 1, 2022, to March 31, 2023.

Q1.Specifically, I am seeking information on incidents involving physical assaults, verbal threats, or any other form of violence that occurred at McDonald's restaurants. The requested information should include, but is not limited to, the following details for each reported incident:

a) Date of incident.

b)Location (address) of the McDonald's restaurant where the incident occurred.

c) Nature of the incident (e.g., physical assault, verbal threat, etc.).

d) Description of the incident, including any injuries sustained.

e) Any actions taken by law enforcement or McDonald's staff in response to the incident

Response: 

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.

Decision

I have today decided to disclose the located information to you.

Q1a.  Please see the table below showing the amount of reported assaults that occurred at a McDonalds Restaurant, for the period between 01 April 2022 to 31 March 2023, broken down by year. I am exempting providing you with the further breakdown of dates of which the reports were made, pursuant to Section 40(2) Freedom of Information Act (the Act). 

Year	Total
2022	21
2023	6

Q1b. Please see the table below showing the addresses of McDonalds Restaurants, of where assaults have occurred between 01 April 2022 to 31 March 2023.

Area/Address

York - 14-16 Blake Street, York, YO1 8QG

Harrogate - Nidderdale House, Cambridge Road, 5-6 HG1 1NS

Scarborough - 11-17 Huntriss Row, Scarborough, YO11 2ED

Catterick - McDonalds Restaurants LTD Richmondshire Walk Catterick Garrison DL9 3EN

Ripon - Quarry Moor Garage, Harrogate Road, Mcdonalds Ripon HG4 2SD

Q1c. Please see the table below showing the list of offences which have reportedly occurred at a McDonalds Restaurant, between the period between 01 April 2022 to 31 March 2023.

Offences

Assault with Injury

Assault without Injury

Racially Or Religiously Aggravated Assault with Injury

Racially Or Religiously Aggravated Assault without Injury

Q1d. I have decided to exempt any additional information to that provided above namely the full MO remarks pursuant to section 40 (Personal Information) and section 31 (Law Enforcement) Freedom of Information Act 2000 (the Act). This is to prevent the identification and protect the anonymity for those involved in each case. The public make reports to the police in confidence and regardless of whether all personal information is redacted to protect the identity of those involved, the details of a report made to the police could potentially impede the victim’s future confidence in the police. Please see the exemption below.

Q1e. Please see the table below showing the outcomes North Yorkshire Police took in relation to assault crimes that occured at a McDonalds Restaurant, for the period between 01 April 2022 to 31 March 2023.

Outcomes

01-Charged/Summonsed

10-Not in public interest (Police)

18-Investigation complete - no suspect identified

15-Evidential difficulties prevent further action; victim supports police action

16-Evidential difficulties prevent further action; victim does not support police action

14-Evidential difficulties victim based – suspect not identified

03-Caution – adults

22-Diversionary or referral pathway; no public interest

Please note we are unable to comment what response McDonalds staff took in relation to the incidents recorded.

Exemption Explanation

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. 

Section 40(2) – Personal Information 

Section 40(2) is an absolute class-based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)). 

Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject. 

This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure. 

In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned. 

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights 

Section 31 – Law Enforcement 

Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test. 

Evidence of Harm 

As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, disclosing details of crimes committed would allow patterns of offending to be recognised which may compromise Law Enforcement and any future tactics or plans to apprehend offenders. This would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public. 

The MO remarks of a crime report are sensitive to the reporting person and albeit it can be redacted  to protect their identity, disclosure of such information may impact the future relationship between the victims and the police. This could subsequently also affect any future reports they may wish to make, due to the risk of that information would be released into the public domain, via FOIs. 

Furthermore, the Police are there to support the public and deliver effective law enforcement, including the investigation of suspects and the protection and safeguarding of victims. Releasing any MO remarks could compromise the personal safety of any victims if an offender is unaware their crime has been reported and in turn potentially impact any subsequent/future investigation. 

Providing details of how specific offences have occurred out may also facilitate future crimes. It is widely known that Freedom of Information is utilised and exploited by criminals to gain intelligence of policing activities. The release of MO remarks can give other criminals knowledge of how to commit similar, and in some cases more sophisticated, offences. 

Information that adversely affects public safety and confidence will have a negative impact on law enforcement. 

Factors favouring disclosure under Section 31 

Releasing information would allow the public to see the type of offences reported, making them more aware of such offences which would enable them to take any necessary precautions to protect themselves. 

It would show how public funds are being spent in relation to protecting the public. 

Factors against disclosure under Section 31 

A fear of crime would be realised by the public. 

Victims could be placed at risk if the offender is unaware of police involvement as the MO remarks can provide specific details about the offence. 

Any offences reported can be very sensitive in nature and individuals need to ensure that the reports they provided are confidential. Individuals may therefore become reluctant to provide information, which could assist an investigation, due to concerns that the information provided may be requested and released under Freedom of Information requests. 

Balance test 

The safety of the public is of paramount importance and the Police service will not divulge the information, if to do so would place the safety of individuals at risk or compromise law enforcement. 

Whilst there is a public interest in the transparency of policing, ongoing criminal activity and providing assurance that the police service is appropriately and accurately recording and investigating crime, there is also a very strong public interest in safeguarding the integrity of police reports and those that report crime especially in the highly sensitive areas such as sexual offences and offences involving children. 

As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for exempting your request for planning information is not made out. 

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to part of your request. 

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.