Information Commissioner's Office

Arun District Council

8 August 2016, Local government (District council)

The complainant has requested the Event Management Plan for the Mutiny Festival which took place at Fontwell Racecourse in July 2015.  Arun District Council refused the request under the exemption for prejudice to commercial interests, section 43(2) of the FOIA.  During the Commissioner’s investigation the public authority reconsidered the request under the EIR and revised its position to withhold the information under the exceptions for public safety (regulation 12(5)(a)) and adverse affect to the confidentiality of commercial information (regulation12(5)(e)). The Commissioner’s decision is that Arun District Council failed to handle the request under the EIR and breached regulation 5(1) and regulation (14) and failed to demonstrate that regulation 12(5)(a) and regulation 12(5)(e) are engaged. The Commissioner requires the public authority to disclose the withheld information to the complainant.

EIR 5(1): Upheld EIR 12(5)(a): Upheld EIR 12(5)(e): Upheld EIR 14: Upheld