Information and Data protection Team
Chief Executive’s Department
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
Phone: 0141 287 1055
Email: xxxxxxx@xxxxxxx.xxx.xx
Our Ref:
FOI 7343418 6 November 2020
Send by e-mail to: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear Ms Sanachan
REQUEST UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
Thank you for the Freedom of Information request you sent us on 9 October 2020
regarding the GlasGLOW events held in the Botanic Gardens.
Glasgow City Council (“the Council”) is treating your request for this information as a
request under the Freedom of Information (Scotland) Act 2002 (“the Act”).
The Council’s response is set out beneath each of your questions in the Annex to this
letter.
Right of Review
If you are dissatisfied with the way in which Glasgow City Council has dealt with your
request for information, you can ask us to formally review this response. Please note
that for a review to take place you must lodge a written request for a review within 40
working days of the date of this letter. Please include the following information:
• A correspondence address;
• The reference quoted at the top of this letter; and
• The reason(s) why you are dissatisfied with the Council’s response.
Please address your request to the Director of Governance and Solicitor to the Council:
Director of Governance and Solicitor to the Council
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
Email:
xxxxxxxxxx@xxxxxxx.xxx.xx
You will receive notice of the results of the review within 20 working days of receipt of
your request.
The notice will state the decision reached by the reviewing officer as well as details of
how to appeal to the Scottish Information Commissioner if you are still dissatisfied with
the Council’s response. You must request an internal review by the Council before a
complaint can be directed to the Scottish Information Commissioner.
For your information at this stage, if you do remain dissatisfied with the outcome of the
Council’s review decision, an appeal can be made to the Scottish Information
Commissioner by contacting his office as follows -
Address: Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS.
Email:
xxxxxxxxx@xxxxxxxxxxxxxxxxxx.xxxx Telephone: 01334 464610
You can also use the Scottish Information Commissioner’s online appeal service to make
an application for a decision:
www.itspublicknowledge.info/appeal If you wish to submit a complaint to the Council in relation to the manner in which it has
handled your request for information, you can do so by requesting that the Council
reviews its response. Details of how to request a review are set out above.
Yours sincerely
Information and Data Protection Team
Chief Executive’s Department
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ANNEX
“Freedom of Information request – Income & Risk assessment for ItIsOn events in
public spaces (GlasGlow)
I am seeking information about (3) GlasGlow events hosted by ItIsOn in the Botanic
Gardens in 2018, 2019 and 2020.
In each of the three years GlasGlow has been permitted to operate:
1) Was a risk assessment carried out regarding impact if loud noise and artificial
light to wildlife in the park and along the Kelvin Walkway? If so, please provide
these assessments.”
Risk assessments are the responsibility of the event organiser. However, we
understand that no specific risk assessments were carried out in relation to wildlife in
the Botanic Gardens and along the Kelvin Walkway. Accordingly, in terms of section
17(1) of the Act, the Council is unable to provide copy risk assessments in regard to
wildlife.
2) “Was a risk assessment carried out regarding the environmental impact on
residents surrounding the Botanic Gardens, including repetitive loud noise,
artificial light, and increased air pollution due to generators running within the
park from the event itself, as well as from food truck and other vendors situated
within the park? If so, please provide these assessments.”
As indicated above, risk assessments are the responsibility of the event organiser.
These should include the impact of noise and other factors on the local community.
GlasGLOW risk assessments are contained within the event manual produced each
year by Itison. While the Council holds copies of these event manuals, we consider
this information to be exempt from a request under section 1 of the Act because of
the exemption contained in section 33(1)(b) of the Act. In other words, we believe
that disclosure of the information would, or would be likely to, substantially prejudice
the commercial interests of Itison.
Illuminated trails are staged by various event organisers, and we take the view that
Itison’s commercial interests could be prejudiced substantially by releasing the
planning and operational details of their events into the public domain.
While we believe the exemption contained in section 33(1)(b) of the Act applies in this
case, we would still be obliged to release the information in response to your request
unless the public interest in maintaining the exemption outweighs the public interest
in disclosing the information. The Council acknowledges the significant public interest
in openness and transparency and therefore recognises that any request under
section 1 of the Act is potentially in the public interest. However in the circumstances,
the Council considers that the information should be withheld.
By way of advice and assistance, we can advise that Officers from Glasgow City
Council monitor the event to ensure that any potential impacts are mitigated against
during the operation of the event. Conditions are set on the event licence regarding
noise, which the operator must take cognisance of. In addition, the Council liaises
with the event organiser on any complaints that are received from local residents.
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We can further advise that the majority of noise complaints received in 2019 related
to the Kibble Palace. The Kibble Palace has been removed from this year’s route.
There is a reduced audience capacity for this year’s event, with staggered arrival
times, in accordance with Scottish Government guidance on Lumiere Trails, which
should help to lessen the impact on residents in the vicinity of the Botanic Gardens.
3) “Please provide contract details between Glasgow Life and/or Glasgow City
Council and ItIsOn for the GlasGlow events.”
The Botanic Gardens are managed by Glasgow City Council. Itison’s contract to
stage the GlasGLOW events is with Glasgow City Council.
We are of the view the contractual details between Glasgow City Council and Itison
for their use of the Botanic Gardens in 2018, 2019 and 2020 are exempt from a
request under Section 1 of the Freedom of Information (Scotland) Act 2002 because
of the exemption contained in Section 33(1)(b) of the Act, which states that information
may be withheld if its disclosure would, or would be likely to, prejudice substantially
the commercial interests of any person.
Illuminated trails are staged throughout the country and we take the view that it could
substantially prejudice the commercial interests of Glasgow City Council and Itison to
release into the public domain contractual details of the GlasGLOW events which
have potential benefit to other event organisers and venue providers.
Whilst recognising that any request under Section 1 of the Act is potentially in the
public interest, we have taken into consideration whether the public interest is best
served by disclosing or withholding the information. In the circumstances we feel that
the specific public interest in safeguarding the legitimate commercial interests of the
Council and the event organiser outweighs the general public interest in openness
and transparency.
4) “How much has Glasgow Life and/or Glasgow City Council been paid to permit
ItIsOn to host GlasGlow events since 2018?”
The Botanic Gardens are managed by Glasgow City Council. It is Glasgow City
Council and not Glasgow Life which receives payment for commercial use of the
Botanic Gardens.
We consider information about the amounts paid to Glasgow City Council by Itison for
use of the Botanic Gardens to be exempt from a request under Section 1 of the
Freedom of Information (Scotland) Act 2002 because of the exemption contained in
Section 33(1)(b) of the Act.
This is because, for commercial events such as ‘GlasGLOW’, the Council sets site
letting fees, and bond payments against damage reinstatement, on an event by event
basis, taking into account the nature and scale of the event, and considering in
particular factors such as the area of the park to be used, the event duration, the
audience capacity and audience profile, and the nature and scale of infrastructure
proposed.
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If other event organisers were to have knowledge of this information, it could
potentially weaken the Council’s negotiation position in relation to future events.
While we believe that the exemption contained within section 33(1)(b) of the Act
applies in this case, the Council would still be required to release the information in
response to your request unless the public interest in maintaining the exemption
outweighs the public interest in disclosing the information. However, in this case, we
believe there is significant public interest in authorities such as the Council being able
to conduct their business in a competitive manner.
By way of advice and assistance, we can advise that income received by Glasgow
City Council is combined to support delivery of Council services which includes
maintenance and improvements to parks across the city.
Copyright Notice
Please note that the information provided in response to your request is, unless otherwise
indicated, copyright © Glasgow City Council 2020. It is supplied to you in terms of the
Freedom of Information (Scotland) Act 2002. Any further use by you of this information
must comply with the terms of the Copyright, Designs and Patents Act 1988 as amended
and/or the Copyright and Rights in Databases Regulations 1997.
In particular,
any commercial use or re-use of the information provided requires the prior
written consent of the Council. Requests for such consent should be addressed to:
Colin Edgar
Head of Communication and Strategic Partnerships
Glasgow City Council
City Chambers
Glasgow G2 1DU
Email: xxxxx.xxxxx@xxxxxxx.xxx.xx
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