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  • FOI request (FOI-79504593)

    Taxi Knowledge Test

    Requested Fri 22 June 2018
    Responded  Fri 06 July 2018

    Under the provisions of FOI legislation can you please provide a full list of questions and answers on your Hastings Borough Council Knowledge Test. This includes:

    A) Full terms and conditions questions and answers

    B) Full routes questions and answers

    C) Any numerical and maths related questions there may be

    D) Any other relevant information to the knowledge test


    Response

    The information requested is exempt under Section 31 (1) - Law Enforcement
     
    Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under the Act would, or would be likely to, prejudice 1.2.1 (a) the exercise by any public authority of its functions for any of the purposes specified in subsection 1.2.2(d) The purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in connection to any profession or other activity which he is, or seeks to become, authorised to carry on, this includes licenses for private hire vehicles.
     
    The exemption afforded by S31(1)(a) is subject to what is known as the 'public interest test'. When applying the test in a particular case a public authority is deciding whether the public interest is better served by non-disclosure than by disclosure.
    Although the Freedom of Information Act does not define 'in the public interest', there is a presumption under Freedom of Information that openness is in the public interest. In applying the public interest test a public authority will take into account the distinction that has been often made by courts between things that are in the public interest, and things that merely interest the public. Where applicants have not identified public interest considerations succinctly or accurately, the public authority has a responsibility under the Act to make their own assessment of the public interest considerations in the particular case.
    We have identified the following public interest factors that may be seen as encouraging the disclosure of information:
     
    Factors in favour of disclosure:
     
    1. Accountability and Transparency
     
    Factors against disclosure:
      
    1. There is no evidence of a wider public (rather than individual) interest in disclosure
    2. That the motives behind the request (albeit not provided to us) have no relevance since disclosure of the information would mean the information would be in the public domain
    3. Disclosure of the information would give persons wanting to become a taxi/private hire driver an advantage to study the test prior to taking
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