FOI request (FOIR-220762726)

Promenade Kiosks

Requested Wed 24 June 2020
Responded Fri 03 July 2020

Response

Q1 -  We are unsure what to include from the definition provided, however the list of land and building assets that we own is available on our website here https://www.hastings.gov.uk/my-council/transparency/assets/

Q2 -

NOTICE OF REFUSAL

The  information you have requested relating to current contracts is commercially sensitive and falls under Section 43 of the Freedom of Information Act – Commercially Sensitive Information

Information prejudicing commercial interests – commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 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:

a)    accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves.   In consideration of this matter we came to the following conclusions:

a)   ensuring that companies are able to compete for business fairly

b)   damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure. 

For the reasons given above we will not be communicating to you the information you have requested.

- The information requested in respect of the current contractors full details is exempt information under Section 40(2) of the Freedom of Information act 'personal data' this is an absolute exemption and will not be disclosed.

Q3 -

NOTICE OF REFUSAL

The information you have requested relating to current rents and contract conditions are commercially sensitive and falls under Section 43 of the Freedom of Information Act – Commercially Sensitive Information

Information prejudicing commercial interests – commercial interest relating to an organisations commercial activity and may include trading activity procurement and relationships with third parties.

The exemption afforded by Section 43 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:

a)    accountability of public spending

We consider these factors to be of limited relevance in relation to the information in question.

Public interest factors seen as encouraging non-disclosure are, generally, the exemptions themselves.   In consideration of this matter we came to the following conclusions:

a)   ensuring that companies are able to compete for business fairly

b)   damage to reputation and/or financial interests

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure. 

For the reasons given above we will not be communicating to you the information you have requested.