11/05609/HSGVAC file

Dear Ms Mackin

 

Thank you for your request under the Freedom of Information Act regarding
the above case.

 

This is to confirm that your request is being considered by the
Environmental Services section. You should receive a further response by 9
February 2012, being 20 working days from the date on which your request
was received.

 

Regards

 

Austen

 

Austen Young

Assistant Licensing Officer

Licensing Team

Environmental Services

Watford Borough Council

Town Hall, Watford, Hertfordshire WD17 3EX

Phone: (01923) 278503 Fax: (01923) 278627

Email: [1][email address].uk or [2][email address]

Visit the Watford Borough Council website on [3]www.watford.gov.uk

 

You can now apply from our website for most licences online (apart from
hackney carriage/private hire, gambling and personal alcohol licences)

DISCLAIMER:

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References

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2. mailto:[email address]
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Dear Ms Mackin

 

Further to my e-mail below, I have realised that I put the wrong response
date. This should read 9 March 2012 and not 9 February.

 

Apologies for any confusion this may have caused.

 

Regards

 

Austen

 

Austen Young

Assistant Licensing Officer

Licensing Team

Environmental Services

Watford Borough Council

Town Hall, Watford, Hertfordshire WD17 3EX

Phone: (01923) 278503 Fax: (01923) 278627

Email: [1][email address].uk or [2][email address]

Visit the Watford Borough Council website on [3]www.watford.gov.uk

 

You can now apply from our website for most licences online (apart from
hackney carriage/private hire, gambling and personal alcohol licences)

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References

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3. http://www.watford.gov.uk/
4. mailto:[email address]
5. mailto:[email address]
6. http://www.watford.gov.uk/

Dear Lara
 

Thank you for your request under the Freedom of Information Act received
on 12 February 2012. I have been tasked with providing a response.  I
intended to send this response to you last week, but was unable to do so
as a result of some computer issues - I apologise for this.

 

The Council has examined its records and can confirm that it does have the
information you requested. However, the Council is not prepared to provide
you with the information because it is considered that the content
contains information that the Council is not obliged to show you – I
explain this in further detail below.

 

The file referred to contains a number of documents; some of which come
within the ambit of documentation to be considered within the context of
the Freedom of Information Act 2000 (“FOIA”) and some of which falls
within the jurisdiction of the Data Protection Act 1998 (“DPA”). There are
also related similar provisions contained within the Environmental
Information Regulations which I will touch on also.

 

 

Freedom of Information Act 2000

 

Section 40

Much of the information contained on the file falls within the DPA
definition of “personal data” and in these circumstances, Section 40 of
the FOIA applies, which provides that such information is to be treated as
exempt from disclosure.

 

Section 40(1) provides that where personal details of the applicant are
sought, such requests should instead be dealt with as subject access
requests under the Data Protection Act 1998 and not under the provisions
of the FOIA.  I deal with this further under the section headed “Data
Protection Act 1998” below.

 

Personal details of third parties are exempt from disclosure under section
40(2) if disclosure would breach one of the data protection principles. 
In my view, the first data protection principle, relating to fair and
lawful processing of the data, would be breached.  The content of the file
requested forms part of an investigation by the Council into a complaint
regarding whether statutory regulations have been complied with and, in
these circumstances, I consider it would be unfair (and unlawful) to
release this information.  In my view, disclosing the information at this
stage could undermine the investigation process and there is a risk that
it could prejudice the right to a fair trial in the event that proceedings
are commenced. 

 

Section 30

In relation to data contained within the file that does not strictly fall
within the definition of personal data,  I consider that given the nature
of the file requested, it is not appropriate to disclose that
information. 

 

Section 30 creates an exemption in relation to information which is or has
been held for the purposes of a criminal investigation or investigations
which may lead the authority to initiate criminal proceedings which it has
the power to conduct.

 

In my view, the public interest in maintaining the exemption outweighs the
public interest in disclosing the information,  as disclosing the
information at this stage could undermine the investigation process and
there is a risk that it could prejudice the right to a fair trial in the
event that proceedings are commenced. 

 

Section 31

Section 31 FOIA also creates an exemption from the right to know if
releasing the information would, or would be likely to prejudice the
prevention or detection of crime and other general steps in relation to
law enforcement.  Section 31 can only apply to the extent that any of the
information does not fall within the definition in Section 30.

 

Again, for the reasons I have outlined in relation to Section 30 above, 
the public interest in maintaining the exemption outweighs the public
interest in disclosing the information.

 

Data Protection Act 1998

In view of the fact that some of the information requested is personal
data, I have also considered whether it is appropriate to disclose the
information requested under the DPA provisions.

 

The Council usually requests a fee for processing a request under the DPA,
but I am waiving the fee on this occasion. 

 

Responding to your request would involve providing information relating to
other individuals. This would lead to a conflict between your  right of
access and the third party’s rights over their own personal information.

 

Section 7(4) of the DPA provides that if we cannot comply with the request
without disclosing information relating to another individual, then the
council does not have to comply with the request unless:

 

• the third party has consented to the disclosure; or

 

• it is reasonable in all the circumstances to comply with the request
without the consent of the third party individual.

 

We do not have the consent of the third parties and given the fact that
disclosing the information at this stage could undermine the investigation
and there is a risk that it could prejudice the right to a fair trial in
the event that proceedings are commenced, we do not consider it is
reasonable in all the circumstances to disclose this information.

 

Section 29

Section 29 DPA also provides that personal data processed for the purpose
of the prevention or detection of crime, or for the discharge of statutory
functions is exempt from disclosure if disclosure would be likely to
prejudice those purposes. As indicated above, disclosure of this
information could prejudice the investigation process.

 

Environmental Information Regulations 2004

To the extent that any of the information contained within the file also
constitutes environmental information, similar provisions apply to those
in the DPA and FOIA regarding exemptions from disclosure.

 

EIR 12(5)(b) provides that a public authority may refuse to disclose
information to the extent that its disclosure may adversely affect the
course of justice, the ability of a person to receive a fair trial, or the
ability of a public authority to conduct an inquiry of a criminal or
disciplinary nature; and in all the circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information.  

 

EIR 13 provides an exemption from disclosing information about
identifiable individuals where it would breach the DPA.

 

For the reasons outlined earlier in this letter I consider that these
exceptions apply.

 

 

I am sorry for the long email, but we are required to set out the legal
basis upon which we rely on any exemptions.

If you are not satisfied with my response to your request you may ask for
the request to be reconsidered. You can do this either by letter or by
emailing [Watford Borough Council request email] . The request will be considered by a
different officer. If you still remain dissatisfied with our response
after this you may write to the Information Commissioner  

Regards

 

Jason McKenzie

Legal and Democratic Services Section Head

Watford Council Legal and Property Services

 

Tel : 01923 278360

Fax : 01923 278366

Email : [email address]

 

DISCLAIMER:

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