Westminster City Council

The complainant has requested information concerning the review of the licence of a nightclub which had been the subject of noise pollution complaints. Westminster City Council (the Council) refused to disclose this information and cited the exception from the EIR provided by regulation 12(5)(b) (adverse effect on the course of justice). Apart from in relation to communications between the Council and the complainant, the Commissioner’s decision is that the Council has applied this exception correctly and so it is not required to disclose the information. In relation to correspondence between the Council and the complainant, the decision of the Commissioner is that the exception is not engaged. The Council also breached the requirements of the EIR in that it did not respond to the request within 20 working days of receipt and it should ensure that it has appropriate procedures in place to respond to requests promptly. The Commissioner requires the public authority to disclose to the complainant the information in relation to which the Commissioner has found that regulation 12(5)(b) is not engaged, that is all information within the scope of the request that records communications between the Council and the complainant.