Licensing checks made on the Timberbatts Pub Bodsham

The request was partially successful.

Christopher Simon Sommerville Gunn

Dear Folkestone & Hythe District Council,

Please provide copies of all reports made subsequent to visits by officers of the Shepway District council or Folkestone and Hythe Council to the Timber Batts (or alternatively Timberbatts) Public House at Bodsham.
To expand, by officers, I refer to any officer of the council, whether licensing, environmental health, Public health, Food and hygiene, animal welfare, Health and safety and/ or including all departments of the council howsoever described or named.
Christopher Simon Sommerville Gunn

Folkestone & Hythe District Council

Dear Christopher,

Ref: LS-009064-CA - FOI - Licensing checks made on the Timberbatts Pub Bodsham

Thank you for your request dated 18th April this is being processed under the Freedom of Information Act 2000.

We will endeavour to supply the information you have requested promptly and within the requisite 20 working days. If we think that it will take longer, we will contact you.

Please ensure you leave the subject line in any correspondence sent to us in relation to this request to enable us to locate your file. The reference number for your file is shown above in the Subject Line.

Kind regards,

Caroline Archer
Information Officer
Folkestone & Hythe District Council,
Civic Centre, Castle Hill Avenue,
Folkestone, Kent. CT20 2QY.
Tel: 01303 853244

Email: [Folkestone & Hythe District Council request email]
Website: www.folkestone-hythe.gov.uk
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Folkestone & Hythe District Council

Dear Christopher,

Ref: LS-009064-CA - FOI - Licensing checks made on the Timberbatts Pub Bodsham

I am writing in respect of your request dated 18th April. In order to proceed with your request under the Freedom of Information Act 2000 we require some additional information.

You have requested: Please provide copies of all reports made subsequent to visits by officers of the Shepway District council or Folkestone and Hythe Council to the Timber Batts (or alternatively Timberbatts) Public House at Bodsham.
To expand, by officers, I refer to any officer of the council, whether licensing, environmental health, Public health, Food and hygiene, animal welfare, Health and safety and/ or including all departments of the council howsoever described or named.

Please confirm the timeframe that you would like copies of reports to and form.

I look forward to hearing from you with your clarification. Once you have clarified your request, we will be able to begin to process your request. If we do not receive clarification within 20 working days your request will be considered to have lapsed and will be closed on our system.

Kind regards

Caroline Archer
Information Officer
Folkestone & Hythe District Council,
Civic Centre, Castle Hill Avenue,
Folkestone, Kent. CT20 2QY.
Tel: 01303 853244

Email: [Folkestone & Hythe District Council request email]
Website: www.folkestone-hythe.gov.uk
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Website: Home | FOI and Data | Privacy

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Christopher Simon Sommerville Gunn

Dear Folkestone & Hythe District Council,
Please provide the information from 1st February 2016 to 24 APril 2019

Yours faithfully,

Christopher Simon Sommerville Gunn

Christopher Simon Sommerville Gunn

Dear Folkestone & Hythe District Council,
Please provide this requested information

Yours faithfully,

Christopher Simon Sommerville Gunn

Folkestone & Hythe District Council

3 Attachments

Dear Christopher Gunn,

Ref: LS-009064-CA - FOI - Licensing checks made on the Timberbatts Pub Bodsham

I am writing in respect of your Freedom of Information enquiry dated 18th April 2019. This request encompasses information that falls under both the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

Information from the licensing and environmental health teams have been processed under the Freedom of Information Act. Please find attached reports in response to your request. Some of these reports have been partially redacted in order to remove exempt personal data. The exemption in question is set out below:

---

S40(2) - Personal Information of a 3rd party

Section 40(2) provides an exemption for information that is the personal data (as defined in Article 4(1)(1) of the General Data Protection Regulations) of an individual other than the requester and where the disclosure of that personal data would be in breach of any of the data protection principles.

We consider that this would be in breach of GDPR as it would contravene the Article 5 data protection principles, specifically the requirement for the Council to process personal data "lawfully, fairly and in a transparent manner in relation to the data subject" (‘lawfulness, fairness and transparency’).

The redacted names relate to Council staff, the names of complainants and the names of staff at the Timber Batts pub. In each case, it is considered that the individuals in question have a reasonable expectation of privacy, and would not have anticipated the Council publishing their personal data. Particularly in the case of data relating to those submitting reports, the Council owes a duty of confidence in most cases.

---

I can confirm that the Environmental Protection team also hold information falling within the scope of your request. This information was considered under the Environmental Information Regulations, as the held data relates to noise. This information has been withheld in full on the basis of the below exemption:

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Regulation 12(5)(d) – Confidentiality of public authority proceedings when covered by law

Regulation 12(5)(d) is engaged when to release the requested information would adversely affect the confidentiality of proceedings undertaken by a public authority, where it is exercising its formal decision-making powers. There are several steps that must be engaged in order to engage this exception, which I will explain below:

1) The confidentiality of the proceedings must be provided by law:

While the Environmental Information Regulations do not define ‘proceedings’, it has been established that the proceedings in question must have been conducted with a degree of formality and in conjunction with the authority’s official decision making powers. The fact that the confidentiality of those proceedings must be provided by law means that they must either be explicitly protected from disclosure by legislation, or otherwise subject to the common law quality of confidence.

The requested information relates to an ongoing investigation into a complaint of noise nuisance. The Council has a duty to investigate alleged noise nuisances, and has statutory powers to ensure compliance with enforcement directions. It is the Council’s view that activities of that sort qualify as relevant proceedings for the 12(5)(d) exception.

The information in question also attracts a quality of confidentiality under the common law of confidentiality, given that the information does not currently exist in the public domain and is non-trivial, given that the materials relate to the Council’s environmental enforcement obligations.

2) Loss of confidentiality would cause an adverse effect on the identified proceedings:

The Regulations require that in order for exception 12(5)(d) to be engaged, that releasing the documents would, or would likely, have an adverse effect on the identified interest. In this case, it is the Council’s view that prematurely disclosing the officer reports / casework associated with an active and ongoing investigation would undermine the Council’s ability to effectively enforce compliance with environmental regulations in this case.

Disclosures under both the Freedom of Information Act and the Environmental Information Regulations are made to the ‘world at large’, not to specific individuals. In practice, this means that while there may not be any potential prejudice from disclosure to a specific individual or requester, the Council must consider the impact of the unrestricted disclosure of the requested materials into the public domain.

3) Withholding the information must be within the public interest:

The exception is subject to the public interest test; the council has considered the public interest in disclosing the information and the public interest in maintaining the exemption.

Whilst we recognise that there may be a public interest in this information, in this case we consider that the public interest in maintaining the exception outweighs the public interest in disclosing the information (Regulation 12(1)(b)).

There is a presumption in favour of disclosure inherent to the EIR.

o There is a public interest in the public being able to understand and assess the Council’s performance as the local enforcement body for noise and environmental nuisances.

o There is a public interest in the Council maximising transparency when it is carrying out statutory functions, particularly when the decisions made will have an impact on the local amenity.

o There is a strong public interest in the Council being able to carry out investigations, up to and potentially including environmental enforcement action robustly and effectively, without undue prejudice.

o There is a strong public interest in the confidentiality of this case being protected, as it relates to a live and ongoing matter.

We have concluded that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information
Should you require any further information, or if you are not satisfied with our response, please do not hesitate to contact me. You may also request an internal review by writing to the following address:

Freedom of Information Appeals Officer
Compliance & Information Governance
Folkestone & Hythe District Council
Castle Hill Avenue
Folkestone
Kent, CT20 2QY

Alternatively you can use our Customer Comment Form which can be accessed at our website www.folkestone-hythe.gov.uk

In addition, if you are not satisfied with our response you may apply to the Information Commissioner for an independent review at the following address:

The Information Commissioner
Wyncliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone 0303 123 1113 (local rate) or 01625 545 745 (national rate)
www.ico.org.uk

There is no charge for making an appeal.

Kind regards,

Jamie Naylor
Senior Information Officer
Tel: 01303 853252
Folkestone & Hythe District Council,
Civic Centre, Castle Hill Avenue,
Folkestone, Kent. CT20 2QY.
Email: [Folkestone & Hythe District Council request email]
Website: Home | FOI and Data | Privacy
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Christopher Simon Sommerville Gunn

Dear Folkestone & Hythe District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Folkestone & Hythe District Council's handling of my FOI request 'Licensing checks made on the Timberbatts Pub Bodsham'.

The council have not given enough reason about why they have not given information about noise complaints. There does not appear to be any ongoing action regarding noise nuisance as per email correspondence with me and my neighbours.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

Christopher Simon Sommerville Gunn

Folkestone & Hythe District Council

Dear Christopher Gunn,
 
I refer to your application dated 28 May 2019 for an internal review of
the Council’s decision on your request under the Freedom of Information
Act 2000 and the Environmental Information Regulations 2004.  Please
accept my sincere apologies for the delay in responding and any
inconvenience that this may have caused.  Your request for an internal
review was as follows:
 

* The council have not given enough reason about why they have not given
information about noise complaints.  There does not appear to be any
ongoing action regarding noise nuisance as per email correspondence
with me and my neighbours.

 
The council released reports, which were partially redacted in order to
remove exempt personal data, however, withheld information held by the
Environmental Protection Team relating to noise, relying on the exception
under Regulation 12(5)(d) of the Environmental Information Regulations
(EIRs). 
 
In considering your request I have looked at the case impartially and
reconsidered the relevant factors and Public Interest Test.
 
The exception relied upon is set out below.
 
Regulation 12(5)(d) - Confidentiality of public authority proceedings when
covered by law.
 
Regulation 12(5)(d) is engaged when releasing the requested information
would adversely affect the confidentiality of proceedings undertaken by a
public authority, where it is exercising its formal decision-making
powers.
 
I will address each point in sequence and explain my rationale as follows.
 
1)      The confidentiality of the proceedings must be provided by law:
 
The Council has a duty to investigate alleged noise nuisances and has
statutory powers to ensure compliance with enforcement directions. It is
the Council's view that activities of that nature qualify as relevant
proceedings for the Reg 12(5)(d) exception.  The information that you have
requested relates to an ongoing investigation into a complaint of noise
nuisance. I have liaised with the appropriate officers within the
Environmental Protection Team and can confirm that the position remains
the same and investigations are ongoing. 
 
2)      Loss of confidentiality would cause an adverse effect on the
identified  proceedings:
 
In order for the exception under Regulation 12(5)(d) to be engaged the
EIRs require that releasing the documents would, or would likely, have an
adverse effect on the identified interest (the interest that is protected
by Reg 12(5)(d) being the confidentiality of proceedings).  The Council’s
view remains that disclosing the withheld information relating to an
active and ongoing investigation would undermine its ability to
effectively enforce compliance with environmental regulations.
 
3)      Withholding the information must be within the public interest:
 
Exceptions under the EIRs are subject to the public interest test.  The
council has considered the public interest in disclosing the information
and the public interest in maintaining the exception under Reg 12(5)(d).
 

* There is a public interest in the public being able to understand and
assess the Council's performance as the local enforcement body for
environmental nuisances, including noise.

 

* There is a public interest in the Council maximising transparency when
it is carrying out statutory functions, particularly when the
decisions made will have an impact on the local amenity.

 

* There is a strong public interest in the Council being able to carry
out investigations, up to and potentially including environmental
enforcement action robustly and effectively, without undue prejudice.

 

* There is a strong public interest in the confidentiality of this case
being protected, as it relates to a live and ongoing matter.

 
Whilst we recognise that there may be a public interest in this
information, and there is a presumption in favour of disclosure inherent
to the EIRs, in this case we consider that the public interest in
maintaining the exception outweighs the public interest in disclosing the
information (Regulation 12(1)(b)).  In light of this, I can confirm that I
consider the original handling of the case to be justified.
 
If you are not satisfied with our response you may apply to the
Information Commissioner for an independent review at the following
address:
 
The Information Commissioner 
Wyncliffe House 
Water Lane 
Wilmslow 
Cheshire SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
[1]www.ico.org.uk
 
Yours sincerely,
 
 
Rachel Neville
Information Officer
Folkestone & Hythe District Council
Civic Centre, Castle Hill Avenue, Folkestone, Kent. CT20 2QY.
Office: 01303 853437
[mobile number]
Email: [2][Folkestone & Hythe District Council request email]
Website: [3]Home | [4]FOI and Data | [5]Privacy
Follow us on [6]Twitter and [7]Facebook
 
      
 
   
[8]www.folkestone-hythe.gov.uk
 
 

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