FOI request (FOIR-457163886)

License application and details of licence agreed for Pump House

Requested Fri 07 October 2022
Responded Tue 01 November 2022

Please could you provide me via email with:

1. The premises licence application submitted for the Pump House in Alexandra Park in August 2022.

2. Details of the provisionally agreed licence along with conditions.

Response

I understand you met with our Senior Licensing Officer on the 18 October 2022 who gave you a hard copy of the conditions along with a plan.

You viewed the premises licence and took notes however, Hastings Borough Council will not be releasing a full copy of the premises licence for the reasons set out below in our refusal notice.

NOTICE OF REFUSAL - Exception 12(5)(d)

Under Environmental Information Regulations the information requested is exempt under Section 12(5)(d) Confidentiality of proceedings (Confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law).

We have considered the following:

- If disclosing the information would adversely affect the confidentiality of a public authority's proceeding where confidentiality arises from common law.

- The information will form part of the business of proceedings to reach a decision.

Section 12(5)(d) is subject to a public interest test. This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.

Factors for disclosure:

a. Transparency and accountability.

Factors against disclosure:

a. Protecting the information, the premises licence does not go out for public consultation.

b. The release of this information would prejudice the Council's position.

c. The premises licence is a private matter between the applicant and Hastings Borough Council.

The public interest in maintaining the exception outweighs the public interest in disclosing the information.