This is an HTML version of an attachment to the Freedom of Information request 'Gay Pride Flag follow-up'.

REQUEST

RESPONSE

ADDITIONAL INFORMATION

1. How many prosecutions have been made via Merseyside Police in the five years previous to the rainbow flag being flown on Merseyside Police stations, 14/05/2009 to 20/05/2009, against any

company or individual for flying any flag from any building?

Exempt information

Section 12, Freedom of Information Act 2000,

The cost exemption please see below *

It is the function of a planning authority to enforce planning legislation, not that of Merseyside Police.

Whether or not Merseyside Police has ever pursued any prosecution under other legislation would require a record, by record search, of all incident logs and prosecution files for public order and similar matters. Any enforcement action taken by Merseyside Police would not have been in relation to planning legislation, but some other legislative provisions such as public order legislation.

2. And/or in the same five year period how many times any company

or individual has been instructed by Merseyside Police to take down

any flag being flown from any building?

Exempt information

Section 12, Freedom of Information Act 2000,

The cost exemption please see below *

Whether or not Merseyside Police has ever given any instruction concerning flags would require a record, by record search, of all incident logs. Any enforcement action taken would not have been in relation to planning legislation, but some other legislative provisions such as public order legislation.

* The cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the `appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would take in excess of 18 hours work, which equates to the cost limit of £450:00p to comply with your request.

REQUEST

RESPONSE

ADDITIONAL INFORMATION

3. For the cases in 1 & 2, what, if any, the offending flags were?

Exempt information

Section 12, Freedom of Information Act 2000,

The cost exemption please see below *

To ascertain the nature of any flags which may have been involved in any incident that falls in Q1 and Q2, would require a record by record search, of all incident logs and prosecution files for public order and similar matters.

* The cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the `appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004. It is estimated that it would take in excess of 18 hours work, which equates to the cost limit of £450:00p to comply with your request.

FREEDOM OF INFORMATION ACT, 2000 DJ 83/09

2

DJAN-7TKK97(am Sol)