Summary: The complainant requested copies of exchanges between the public authority, Local Government Association representatives, and Local Coordinators of Regulatory Services representatives in relation to the proposed licensing exemption for small scale live music. The public authority disclosed a substantial portion of the information held during the course of the Commissioner-™s investigation but withheld the remaining information on the basis of sections 35(1)(a) (formulation/development of government policy), 40(2) (personal data), and 42(1) (legal professional privilege). The Commissioner found that the exemptions were correctly engaged and also that in all the circumstances of the case, the public interest in maintaining the exemptions outweighed the public interest in disclosure. The Commissioner however found the public authority in breach of sections 10(1) (Time for compliance with request) and 17(1) (Refusal Notice) in respect of its handling of the request.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 35 - Complaint Not upheld, FOI 40 - Complaint Not upheld, FOI 42 - Complaint Not upheld