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You are here: BAILII >> Databases >> Information Commissioner's Office >> Weymouth and Portland Borough Council (Decision Notice) [2009] UKICO FS50190964 (13 August 2009) URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50190964.html Cite as: [2009] UKICO FS50190964 |
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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. Information Tribunal appeal number EA/2009/0078 struck out.
Section of Act/EIR & Finding: FOI 14 - Complaint Not upheld, FOI 17 - Complaint Upheld, EIR 12.4.b - Complaint Not upheld, EIR 14 - Complaint Upheld