Application to Review a Premises Licence under the provisions of the Licensing Act 2003 (Four Seasons, 265-267 Seabank Road, Wallasey)

Good Afternoon,
Thank you for your recent request for information. I am in discussions
with licensing and legal colleagues in relation to your enquiry and will
be in a position to respond in full to you tomorrow and hope this is
satisfactory.

I apologise that your enquiry will be answered a couple of days late; I
appreciate your patience in this matter.
Kind Regards
Jane Corrin
Information Manager

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Good Afternoon,
Thank you for your email, the reason the request has been delayed is due
to the number of staff who have been struck down with the recent Winter
Sickness bugs which have been circulating. This has left many sections
understaffed and having to cover for colleagues and take on unfamiliar
work, the Council is striving to do all it can to answer as many
enquiries as possible in a timely fashion.
Kind Regards
Jane Corrin

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Dear Mr Brace,

 

I refer to your request for information, as set out in your email of 22
November 2011. I apologise for the delay in responding. You asked for the
following:

 

The application made by Merseyside Police to review the licence (by Wirral
Council’s Licensing Act 2003 subcommittee) in relation to the Four
Seasons,265-267 Seabank Road, Wallasey

 

I consider that your request for information should be dealt with under
the Environmental Information Regulations 2004, rather than the Freedom of
Information legislation. This is because the information you are seeking
is environmental information, as defined in Regulation 2 (1) (c) of the
Environmental Regulations 2004,  the application to revoke a premises
licence coming within the definition of measures affecting or likely to
affect or protect the element of land, which includes buildings.

 

I enclose copies of the public reports, which were before the Licensing
Act 2003 Sub-Committee on  21 October 2011 and 22 November 2011 which
gives details of the application made by Merseyside police to review the
premises licence in relation to the Four seasons, 265-267 Seabank Road,
Wallasey

 

The Council, as a public authority, may only refuse to disclose
environmental information, if an exception to disclosure arises. I
consider that the following exception, in Regulation 12 (5) (b) of the
2004 Regulations, applies to part of the information you are seeking,
being information contained in appendices to the reports:-

 

a public authority may refuse to disclose information to the extent that
that its disclosure would adversely affect the course of justice or the
ability of a person to receive a fair trial (Regulation 12 (5) (b)). I
consider that the information contained in the appendices would come into
that category of exception, because disclosure of information relating to
potential criminal activity to a member of the public could adversely
 affect the administration of justice and the ability of a person to
receive a fair trial, if they were prosecuted. I consider that the public
interest in maintaining this exception and not disclosing the information
outweighs the public interest in disclosing the information, having regard
to the presumption in favour of disclosure, as it is not in the public
interest for information to be disclosed which might prejudice the
detection of crime or the apprehension of alleged offenders.

 

The Environmental Information Regulations 2004 contain a right to make
representations under Regulation 11 ,if you consider that the Council has
failed to comply with a requirement of the Regulations, in refusing your
request . I consider that you should have this right to make
representations as your request has been considered under the 2004
Regulations, rather than the Freedom of Information Act. Any
representations should be sent to Mr Surjit Tour, Head of Legal and Member
Services, Wirral Borough Council, Town Hall, Brighton Street, Wallasey,
CH44 8ED, email [1][email address].

 

The enforcement and appeal provisions set out in Regulation 18 of the 2004
Regulations also means that if you are dissatisfied with the Council’s
response having made such representations you have the right to complain
to the Information Commissioner, whose address is the Information
Commissioner’s Office,

Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

[2]www.ico.gov.uk

Tel: 08456 30 60 60 or 01625 54 57 45
Fax: 01625 524510

 

Yours sincerely,

 

 

 

Regards,

 

Rosemary,

Rosemary Lyon,

Solicitor”

 

 

 

 

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