16 June 2023
Your request
I would like to make an FOI request under the FOIA in respect to the history of noise complaints about a commercial premises.
Request Details
1. Please provide an up-to-date breakdown of all out of hours noise complaints (made from 7pm-5am) to Lambeth regarding (made against) the premises address 256-258 Brixton Rd SW9 6AQ (currently licensed as "The Brickstone", previously "Habesha" or "Habesha Restaurant", previously "Dahlak" before that) between 2014 to the current date/today.
2. Please include details for each, including the time, nature of complaint and whether or not it was responded to by Lambeth.
3. Please include, if possible, the address from which the complaint was made (the complainant's address). If this is not possible for data privacy reasons, please clearly state which complaints came from my address (address supplied). I am happy to provide proof that I live at this address if required. My council tax ref code is (supplied).
Our response
- Please see the attached spreadsheet
- Please be advised that we are unable to include time as this information is not pulled automatically with data. Nature of complaint is column D. If it was responded to, it would be closed in column E.
- I can confirm that we have reviewed your request for the address(es) of the above complainants however we consider disclosure would breach the Data Protection Act 2018 and therefore engage Regulation 13: Personal Data to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2)“Personal data” means any information relating to an identified or identifiable living individual
(3)“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to—
(a)an identifier such as a name, an identification number, location data or an online identifier, or
(b)one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about their location(s) as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to your request); I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
This letter represents a Refusal Notice for this part of the request.
With regard to your request for which complaints were made from your address, please note that you cannot obtain personal information by making an Freedom of Information or Environmental Information Regulations request, but you have the right to make a Subject Access Request (SAR) so that you can access information personal data (you being the 'subject' of the information).
FOI/EIR covers information held by public authorities, but not requests for personal information about the person making the request. FOI/EIR is about providing access to public information. If you want information about yourself, your property or repairs, a fine you have received or anything else that relates only to you or your home, you need to make a Subject Access Request (SAR). You can find out more about making a Subject Access Request on our website here: Subject access requests.