Response 1861901

Response to request for information

Reference

1861901

Response date

13 October 2023

Request

I am writing to you under the Freedom of Information Act to request the following information in relation to the kennels on Asher Lane, Ruddington when it was known as Premier Pets and now as Animal Care Services Midlands Ltd.

1. Number of complaints of dog barking noise over the last 5 years by month
2. Number of audios received by the noise app
3. The roads/streets the complaints have been made from
4. What Noise monitoring has been done over the last 5 years
5. What contact RBC have had with the kennels regarding the noise

Response

Thank you for your freedom of information request received on 9 October.

However, The information that you have requested is considered to be exempt from disclosure under section 30 of the Freedom of Information Act 2000 as it relates to investigations and proceedings conducted by the Council. The Council can neither confirm nor deny that we hold information relevant to any part of your request. The reasons for this are set out as follows.

As a public authority, Rushcliffe Borough Council is required to consider all requests for information. It is also required to confirm or deny whether it holds the information and if it does hold it, to supply that information. In some circumstances, however, the duty to confirm or deny does not apply for certain classes of exempt information. All of the information you have requested is information which is exempt by virtue of section 30(1) of the FOIA. Section 30 exempts information relating to investigations and proceedings conducted by public authorities such as the Council.

In accordance with section 30(3) of the FOIA, the Council’s duty to confirm or deny whether it holds the information requested does not arise. However, section 30 is also a qualified exemption. As a result the Council must show that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing whether the Council holds the information. This is known as the public interest test.

It is considered that the public interest favours non-disclosure of the information because to disclose it could prejudice the conduct of any investigations and proceedings by the Council. The right of access to information should not undermine the investigation and prosecution of criminal matters and should not dissuade individuals from providing information to the Council in the future. Release of any information relating to any on-going investigation, including confirming or denying whether such information is held would be likely to cause prejudice to that investigation or prosecution.