HMO licenses
Dear Oldham Metropolitan Borough Council,
Can you please forward me an up to date list of HMO licenses across the borough I am sure the excel spreadsheet on the council website has lapsed and has not been kept up to date.
Also a list of SERCO agreements and properties in the same area.
Yours faithfully,
Mark Birchall
REF: FOI 17583
Good afternoon,
We acknowledge with thanks your application for information, which has been considered as a request under the Freedom of Information Act 2000.
As such, this may take up to 20 working days to be processed and has been passed on to an appropriate officer.
Also please be aware that in certain circumstances an exemption may apply to the information that you have requested. This also includes the possible requirement of the statutory period to supply a response, being extended in accordance with the Act.
Should you have any queries, please contact: [email address]
Kind regards
Information Management Team
Oldham Council
Civic Centre
West Street
Oldham
OL1 1UL
Dear Mark Birchall,
I confirm that the Public Register of Mandatory Licensed Houses in
Multiple Occupation Excel spreadsheet on the Council’s website is up to
date.
[1]https://www.oldham.gov.uk/info/201198/he...
Under the Act, Oldham Council has a duty to supply any information on
request, unless there is an exemption. It is the Council’s policy only to
apply the exemptions where there is a genuine risk of harm or prejudice.
In such cases, we will still provide information if it is in the public
interest to do so.
With regards to your request for a list of Serco agreements and
properties, there is the risk of identification of individuals, and
consequently, your request is considered exempt from disclosure under
Freedom of Information 2000 Section 40, Personal data.
Personal data is defined in Article 4 of the General Data Protection
Regulations (GDPR) and further clarified under Part 1(3) of the Data
Protection Act 2018 as information relating to an identified or
identifiable living individual.
This exemption allows the withholding of personal data if the data
protection principles would be breached by its disclosure. Article 5(a)of
the GDPR and part 1(2) of the Data Protection Act 2018 requires that
personal data is processed lawfully and fairly. In order to be ‘lawful’ a
condition must be met from Article 6 of the GDPR and although your request
evidences a legitimate interest in requesting the data, this request
cannot be fulfilled without prejudice to an individual’s rights and
freedoms, in particular their right to privacy and hence a condition in
Article 6 cannot be met. Consequently, as Article 5(a) of the GDPR cannot
be met, the exemption under Freedom of Information Act 2000 is engaged.
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
Mr P Entwistle
Borough Solicitor
OMBC, PO Box 33,
Civic Centre, West Street,
Oldham OL1 1UL
Email: [2][email address]
Should you further disagree with the decision following the appeal you may
wish to contact the Office of the Information Commissioner:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
There is specific legislation that relates to the provision of certain
information regarding licensed houses in multiple occupation which is to
be available for the public. This is not the case for Serco agreements
and properties.
Many Thanks
Joanne
Joanne Collier
Assistant Environmental Health Manager (Neighbourhood Enforcement)
[3][email address]
Oldham Council
Chadderton Town Hall
Middleton Road
Chadderton
Oldham
OL9 6PP
Tel: 0161 770 2244
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