FOI request detail

PPL Music Broadcasting Licence

Request ID: FOI-2365-1617
Date published: 08 March 2017

You asked
I am writing to request information in relation to a contract award made by your organisation. Title: PPL Music Broadcasting Licence Award Date: 1/1/2015 Award Value: £150,000 Contact Email: [email protected] Please provide electronic copies of the following information: 1. A copy of the tender documents (invitation to tender, specification and associated documents). 2. A list of the organisations that submitted bids in response to the invitation to tender, detailing the organisation’s names and addresses. 3. A copy of the bid evaluation scores and notes for each bid, clearly identifying which bid the scores and notes relate to. 4. A copy of the winning bid, that led to the contract award. There is a public interest in the disclosure of this information to ensure transparency in, and accountability for, the management of public funds; that public money is being used effectively and that maximum value is being created for the taxpayer. However I recognise the need to protect privacy and commercial interests, and accept that there may be very minor and very selective redaction of personal and commercial information from these documents. Whilst I expect you will address my request with due regard to its merits, and I thank you in advance for your professionalism, I must stress that any decision to withhold information must be fully justified and fully explained. The ICO has made it very clear that in order for an exemption to disclosure under section 43 of the FOIA to be engaged it is necessary to demonstrate that disclosure would result in some identifiable commercial prejudice which would or would be likely to affect one or more parties. The ICO has been guided on the interpretation of the phrase ‘would, or would be likely to’ by a number of Information Tribunal decisions. The Tribunal has been clear that this phrase means that there are two possible limbs upon which a prejudice based exemption can be engaged; i.e. either prejudice “would” occur or prejudice “would be likely to” occur. With regard to “likely to prejudice”, the Information Tribunal in John Connor Press Associates Limited v The Information Commissioner (EA/2005/0005) confirmed that “the chance of prejudice being suffered should be more than a hypothetical possibility; there must be a real and significant risk” (Tribunal at paragraph 15). With regard to the alternative limb of “would prejudice”, the Tribunal in Hogan v Oxford City Council & The Information Commissioner (EA/2005/0026 & 0030) commented that “clearly this second limb of the test places a stronger evidential burden on the public authority to discharge” (Tribunal at paragraph 36). If you claim that disclosure “would or would be likely to result in some identifiable commercial prejudice” please explain the reality and significance of the risk(s) clearly and individually for each piece of information that is withheld or redacted from a document.

We answered

TfL Ref: 2365-1617

 

Thank you for your email received on 26 February 2017 asking for information about the PPL Music Broadcasting Licence contract award.

 

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. 

 

Unfortunately we do not hold the information you have requested as to enable us to broadcast music in public we are legally required to possess the necessary licence. This licence is supplied by Phonographic Performance Ltd (PPL) and is renewed on an annual basis.

 

Because PPL is the only organisation able to issue this particular licence, the contract did not go out for tender.  As a result of this, we do not hold the information you have requested. More information on PPL can be found via its website.

 

Please see the attached information sheet for details of your right to appeal.

 

Yours sincerely

 

 

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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