Scarborough Borough Council

The complainant requested information relating to the decision by Sheffield International Venues (SIV) not to hire Whitby Pavilion to the then promoter or their company as part of Whitby Goth Weekend. Scarborough Borough Council (the Council) provided some information within the scope of the request, but refused to provide the remainder citing sections 40(2) (personal information), 41 (information provided in confidence), 42 (legal professional privilege) and 43(2) (commercial interests) of the FOIA. It also said that some information within the scope of the request was not held. The Commissioner has investigated the Council’s application of sections 42 and 43(2) to the information withheld by virtue of those exemptions. She has also considered whether, on the balance of probabilities, the Council held further information within the scope of part (d) of the request. The Commissioner’s decision is that the Council was entitled to apply the section 42 and 43(2) exemptions to the withheld information. She also determined that, on the balance of probabilities, the Council did not hold the disputed information within the scope of part (d) of the request. The Commissioner requires no steps to be taken as a result of this decision. Information Tribunal appeal EA/2019/0315 Appeal Allowed in Part.