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Decision Summary

  • Case Ref: FS50190964
  • Date: 13 August 2009
  • Public Authority: Weymouth and Portland Borough Council
  • Summary: The complainant has, over several years, made a series of requests relating to the Council’s interpretation of Section 177 of the Licensing Act 2003. The Council deemed the requests that are the subject of this decision notice to be vexatious and refused to comply with section 1(1) of the Freedom of Information Act (‘the Act’). The Commissioner determined that the requests, in part, sought information that was likely to be environmental information. Therefore he has considered the requests under both the Act and the Environmental Information Regulations 2004 (‘the EIR’). To the extent that the EIR is applicable he has found that the exception in regulation 12(4)(b) applies and that the public interest favours maintaining the exception. To the extent that the Act applies the Commissioner has concluded that the Council was correct to refuse to comply with section 1(1) on the basis of section 14(1). He has also found breaches of Regulation 14(3) of the EIR and section 17(5) of the Act. This decision notice is currently under appeal to the Information Tribunal.
  • View PDF of Decision Notice: [1]