FOI request (FOIR-401986871)

Ice cream concessions

Requested Thu 17 February 2022
Responded  Tue 15 March 2022

Can you please advise under the Freedom of Information Act 2000, the request of information for the ice cream concessions for Hastings sea area, High Street area and any other within the location that have an ice cream concession within the area that fall under Hastings Council.

Would you please advise me of the winning amounts tendered/or income to the council in the last 3 years for the 'Ice Cream Concessions' and 'Permits' at the above listed sites and duration of term given.

Response

Street Trading Consents issued over the last 3 years:

2019 - 2x annual consents issued - Total income = £1,852

2020 - 1x annual street trading consent issued = £954, 1x two month street trading consent issued = £160

2021 - 1x annual street trading consent issued = £954, 1x four month street trading consent issued = £318

Hastings Borough Council no longer has any ice cream concessions. In the past 3 years we used to have an ice cream concession on the East Hill, however, in relation to the winning amounts tendered these are being refused for the reasons provided below:

NOTICE OF REFUSAL

The information you have requested relating to winning amounts tendered 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 organisation's 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.