Department For Environment, Food And Rural Affairs (DEFRA)

The complainant has requested Defra to disclose the details of all GL43 and GL45 licenses granted within the NR12 (Norfolk) postcode area relating to 1 September 2024 to 1 February 2025 season. Defra initially confirmed that regulation 13 of the EIR applied to one element of the request and 12(4)(a) of the EIR to another. However, during the Commissioner’s investigation Defra altered its position and issued a revised response confirming that 12(4)(a) of the EIR applied to both elements of the request (there was third element, but Defra directed the complainant to where this can be accessed in the public domain). The Commissioner’s decision is that on the balance of probabilities Defra does not hold the requested information for parts one and three of the request and is therefore entitled to rely on regulation 12(4)(a) of the EIR. However, the Commissioner has recorded a breach of regulation 14(3) of the EIR for citing the incorrect exception in its refusal notice. The Commissioner does not require further steps to be taken.