24 Hour Off Licences in Brent

Brent Council - INFORMATION REQUEST

Our Reference: 535300
====================================================

Dear Mr. Jackson

Thank you for your request for information received on 9 September 2009.

However, whilst we may send the formal notification of the decision to the
email address you have provided we will not send the information requested
to that address. This is because we are aware that doing so will
automatically result in the information being published on the
whatdotheyknow website. Publication of information in this way may
constitute an unauthorised re-use (under the Re-use of Public Sector
Information Regulations 2005) and may infringe copyright. I would therefore
be grateful if you will provide me with an alternative disclosure address.
This can be a postal address, fax number or an email address, as long as it
does not result in automatic publication and re-use.

The 20 working day timetable for responding to your request is halted whilst
we await the further details requested. If these are not received within 60
days of this letter the request will be closed.

If you wish to apply for permission to re-use any of the requested
information you may do so by writing to the IT Standards Manager at Brent
Council, Floor 5, 349-357 High Road, Wembley HA9 6BZ , telephone 020 8937
1402, e-mail [Brent Borough Council request email]

If you wish to appeal against the requirement to provide an alternative
disclosure address you can do so by writing to the IT Standards Manager at
the address given above.

You also have a right of appeal to the Information Commissioner. However,
the Information Commissioner will not normally consider an appeal until you
have exhausted your rights of redress and complaint to the Council. The
Information Commissioner can be contacted as follows: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF; Telephone: 01625 545 700, www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
For Brent ITU
[email address]
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The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Mr Jackson

Thank you for your prompt response.

The Council has not and is not refusing to respond to your request which it accepts is valid.

Nevertheless the making of an FOI request cannot invalidate the Council's rights to control further use of its own information or abrogate any duty it may owe to third party copyright holders. The concern is that disclosing information in the manner requested would make the Council complicit in any such breach.

You refer to section 11 of the Act which concerns an applicants right to express a preference concerning communication by any particular means. Section 11 (4) provides that:

"(4) Subject to subsection (1), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances."

We have advised you of the means and circumstances in which we consider it reasonable to communicate the information requested.

However, I have given further consideration to the statement in my earlier email that we would halt the 20 working day timetable for responding. I do not think this is correct and we will therefore proceed to respond to your request within the 20 working day period, but we will not send the information requested to the "whatdotheyknow" email address. Any information that you are entitled to receive in response will be retained to be communicated to you by means which are reasonable. This could be another email address.

Yours sincerely

Stephen Williams
FOI & DPA Consultant
For Brent ITU

020 8937 1426

Floor 5
349-357 High Road
Wembley
HA9 6BZ

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Brent Council - INFORMATION REQUEST

Our Reference: 535300
====================================================

Dear Mr. Jackson,

Your request for information has now been considered and the information
requested is available to be disclosed. As previously advised we are
awaiting receipt of an acceptable response address.

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to the IT Standards Manager (contact
details below).

If you are dissatisfied with the response or how the Council has handled
your request you can complain to the Council by writing to the following
address: IT Standards Manager at Brent Council,Floor 5
349-357 High Road, Wembley, HA9 6BZ, telephone 020 8937 1402, e-mail
[Brent Borough Council request email]. It is the Council's policy to ensure that, where
practicable, your complaint is dealt with by someone who was not involved in
the original decision.

You also have a right of appeal about our decision to the Information
Commissioner, however, the Information Commissioner will not normally
consider an appeal until you have exhausted your rights of redress and
complaint to the Council. The Information Commissioner can be contacted as
follows:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone: 01625 545 700,
www.informationcommissioner.gov.uk

Yours sincerely

Stephen F Williams,
DPA & FOI Consultant
for Brent ITU
[email address]
--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

Dear Oliver Jackson

Thank you for your below email and please accept my apologies for the delay in the response.

There are a number of reasons why the Council is refusing to send information to whatdotheyknow email addresses in response to FOI requests. These are connected to the fact that this will result in automatic publication.

The Freedom of Information Act entitles an applicant to have information communicated to him. It does not permit the re-use of that information. Re-use is covered by the Re-use of Public Sector Information Regulations. These provide that where the copyright is owned by the public authority re-use can be licensed and made subject to conditions. It therefore gives the Council control over the use of information of which it is the copyright holder. An earlier email to you advised how you could apply for permission to re-use.

Re-use of third party copyright can only be agreed by the copyright holder and were the Council to send such information to an email address knowing that re-use would occur it might be held liable for such a breach.

I am writing to you by way of explanation as this is what you asked for. However, if you wish for a formal Internal Review of the way we have handled your request to be undertaken you can do so by writing to the IT standards Manager at this address.

Stephen Williams
for
Brent ITU

020 8937 1426

Floor 5
349-357 High Road
Wembley
HA9 6BZ

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