FOI release

FOI - Zoo licences and Inspection Reports

Case reference FOI2025/00028

Received 11 March 2025

Published 8 April 2025

Request

Under the Freedom of Information Act we are requesting: 1. A copy of each active zoo licence issued by the local authority 2. Each licensed zoo's most recently submitted stock list/inventory of animals 3. Each licensed zoo's most recent inspection report

Response

See attached.

Section 31 Law Enforcement

The exemption applied is section 31(1) (a) ‘Law Enforcement’ of the Freedom of Information Act 2000.

Section 31(1)(a) of FOIA states that: “Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice- (a) the prevention or detection of crime…”

We consider that by releasing the stock list/inventory of animals, this increases the risk that the animals will be targeted and stolen.

The exemption is qualified and therefore the public interest test must be considered in applying the exemption.

In favour of maintaining the exemption - to prevent prejudice on the prevention and detection of crime, as releasing the information would facilitate individuals wishing to target the zoos. The result of that is rise in cost of security.

In favour of disclosure: transparency of the Council’s accountability concerning the health and safety of the zoo animals.

We conclude that the disclosure of information would be likely to prejudice the prevention or detection of crime. In considering the public interest tests we therefore consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information above.

Section 40(2) – (Request for personal data of others)

Please note, we have redacted (names, contact details and signatures) as we consider that this constitutes personal data as set out in the Data Protection Act 2018 and is exempt from disclosure under Section 40 (2) ‘Data Protection’ of the Freedom of Information Act (2000).

Section 40(2) of the FOIA states that information is exempt from disclosure if it constitutes the personal data of a third party and its disclosure under the FOIA would breach any of the data protection principles under the Data Protection Act. We consider that disclosure of this information would contravene the first data principle that ‘personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject’. The Council recognises that you have a legitimate interest in the disclosure of the information, however we consider that disclosure of the information into the public domain is not necessary to meet your legitimate interest.

We consider that the public interest in maintaining the exception outweighs the public interest in disclosure; if we were to disclose this information we would be processing the data in a way which was not intended by the third parties concerned. Based on these arguments the information which has been redacted from the information provided should be withheld.

Documents

This is Tunbridge Wells Borough Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.