Legality of FALUNGONG protest stall
Freedom of information request reference no: 01.FOI.24.036488
I note you seek access to the following information:
1. What is the legality of the Chinese cult group FALUNGONG setting up a semi-permanent protest stall opposite the Chinese embassy at Portland Place?
2. Do they require any type of license or permit to maintain this? What legislation governs this type of a practice?
3. If they do possess a license and/or permit, please provide any details about this that may be found. I was advised that there is a licensing department within the met which would be positioned to respond to such a query.
Decision
I have today decided to disclose the located information to you.
Please find below information pursuant to your request above.
We have decided that the requirement outlined by Section 8(1)(c) of the Freedom of Information Act has not been met in relation to this request.
DUTY TO ADVISE & ASSIST
Under Section 16 of the Act, there is a duty to advise and assist applicants in making requests for information and I have provided some advice below.
The Freedom of Information Act is concerned with recorded information held by public authorities and this request poses questions in relation to the legality of protest groups, which we are not obliged to answer, however, as a gesture of goodwill, we have provided some general advice below.
1. Under the (ECHR) European Convention on Human Rights, protestors have the right to peacefully and lawfully protest in any public space, as long as they are not directly blocking any thoroughfares to the point of being a highway obstruction or intimidating or directly affecting the lawful movements of staff and other members of the public.
2. Protestors do not require a licence unless the sale of goods or collecting monies is involved, e.g., for a charity, in which case a charity licence is required. The Public Order Act 1984 and subsequent amendments cover the policing of lawful protests and allows the police to restrict certain types of behaviour/activity linked to protest if certain conditions have been met. The Highways Act covers the possibility of any possible ‘highway obstruction’ caused by such protests or demonstrations.
3. As explained above, a licence is not required for a protest. However, if groups intend to protest, it is best practice for an organiser to inform the police (MO6 Public Order Planning) and provide full details of location, numbers, etc. In terms of licensing – the Met deals with alcohol-related licensing issues at licensed premises and not general licensing for any other purpose. However, Westminster City Council deal with all street licences for sales/charities, etc.
In general, any response provided under FOIA is based on information held by a public authority. Under FOIA, the MPS is not obligated to create new information to satisfy a FOIA request if there is no specific policing purpose for that information. I am guided by Section 84 of the Act which states the following:
"Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form."
In order for the MPS to proceed with any future FOIA requests, questions should be clear and specific and relate to ‘recorded’ information, rather than requests for opinions, understanding, new information or context.
For future requests, you may wish to consider the ICO’s guidance titled ‘How to access information from a public body’, in particular the guidance under the headings ‘How should I word my request to get the best result’ and ‘Information do’s and don’ts’ which is available via the link below: