Dear Hartlepool Council,

Could you provide me with the following information

1) The amount of the annual rent paid by My Cafe located within the Masefield Road community centre to HBC ?

2) The amount of the annual rent paid by the Rifty Youth Project located within the Masefield Road community centre to HBC ?

3) Has HBC any responsibility for the payment of any of the utility charges for My Cafe and the Rifty Youth Project ?

Yours faithfully,

Fred Corbett

Freedomofinformation, Hartlepool Council

Thank you for your email which has been received by the Council. 

If your request relates to official council held information it will be
handled in accordance with the Freedom of Information Act 2000 or
Environmental Information Regulations 2005. We may need to contact you
for further information or clarification. If you do not hear from us,
please accept this email as acknowledgment of your request. You will
receive a final response within the next 20 working days.

If you are writing to find out what information the Council holds about
you, and wish to exercise your ‘Right to Access’ under data protection
legislation (General Data Protection Regulation and Data Protection Act
2018) your request will be processed and responded to within one month of
receiving the request. 

If you have any queries regarding data protection, please do not hesitate
to contact us at  [1][email address] or on 01429 523087.

Following completion of a freedom of information request/ data protection
request, the information relating to the request and response will be
retained by the Council for three years.  For further information on how
the Council process your personal data in accordance with the Data
Protection Act 2018 and the General Data Protection Regulations, please
visit [2]www.hartlepool.gov.uk/gdpr

If you have any queries, please do not hesitate to contact the Legal
Division on 01429 523087 or email
[3][email address] .

 

 

dangos adrannau a ddyfynnir

Dear Hartlepool Council,

My request for information regarding the annual rent for My Cafe and the Rifty Project is now overdue, I would appreciate it if the information I requested be made available as soon as possible.

Yours faithfully,

Fred Corbett

Freedomofinformation, Hartlepool Council

Thank you for your email which has been received by the Council. 

If your request relates to official council held information it will be
handled in accordance with the Freedom of Information Act 2000 or
Environmental Information Regulations 2005. We may need to contact you
for further information or clarification. If you do not hear from us,
please accept this email as acknowledgment of your request. You will
receive a final response within the next 20 working days.

If you are writing to find out what information the Council holds about
you, and wish to exercise your ‘Right to Access’ under data protection
legislation (General Data Protection Regulation and Data Protection Act
2018) your request will be processed and responded to within one month of
receiving the request. 

If you have any queries regarding data protection, please do not hesitate
to contact us at  [1][email address] or on 01429 523087.

Following completion of a freedom of information request/ data protection
request, the information relating to the request and response will be
retained by the Council for three years.  For further information on how
the Council process your personal data in accordance with the Data
Protection Act 2018 and the General Data Protection Regulations, please
visit [2]www.hartlepool.gov.uk/gdpr

If you have any queries, please do not hesitate to contact the Legal
Division on 01429 523087 or email
[3][email address] .

 

 

[4]Love-Hartlepool

dangos adrannau a ddyfynnir

Freedomofinformation, Hartlepool Council

Classification: CONFIDENTIAL

Good afternoon

Thank you for your email. Please note that a reminder has been forwarded to the relevant department regarding your FOI request.

We apologise for the delay in getting this information to you.

Freedom of Information
Hartlepool Borough Council
Tel: (01429) 266522
Email: [email address]

Web: hartlepool.gov.uk
Facebook: facebook.com/hartlepoolcouncil
Twitter: twitter.com/HpoolCouncil

dangos adrannau a ddyfynnir

FOI Responses, Hartlepool Council

Dear Fred

 

Further to your request for information, I can advise as below;

 

1) The amount of the annual rent paid by My Cafe located within the
Masefield Road community centre to HBC ?

 

See below exemption

 

2) The amount of the annual rent paid by the Rifty Youth Project located
within the Masefield Road community centre to HBC ?

See below exemption

 

3) Has HBC any responsibility for the payment of any of the utility
charges for My Cafe and the Rifty Youth Project ?

Rift House Community Association is responsible for paying bills

 

Exemption

I can advise that following consideration of your request, we believe the
information regarding the cost of rent to be exempt from disclosure under
section 43 (2) of the Freedom of Information Act 2000 (the Act)
‘Commercial Interests’ and section 41 ‘information provided in
confidence.’

 

In making this decision we are aware of the views of the third parties who
believe that the information requested is commercially sensitive and
provided to the Council in confidence and should not be disclosed. Based
on this, we have made a decision that the information  cannot be disclosed
and is exempt from disclosure. In making this decision we have also
considered the guidance of the Information Commissioner’s Office regarding
section 43 and 41 which can be found at [1]www.ico.org.uk 

 

In the Information Commissioner’s Office guidance it states that
information may be exempt if disclosure would, or would be likely to,
prejudice the commercial interests of any person. We believe that this
exemption applies to this information. The guidance states that
“disclosure is to the commercial detriment of a third party where
disclosure could result in an actionable breach of confidence”.
Furthermore s.43(2) is designed to protect the commercial interests of
commercial bodies.  

 

In applying this exemption we have considered the public interest. The
courts have often distinguished between things which are in the public
interest from those which are merely of interest to the public. We believe
that disclosure is not in the public interest, and would only be of
‘interest’ to organisations that operate in the same business and be used
in an attempt to gain competitive advantage, The Guidance recommends the
disclosure of information if “disclosure of the information ensures
greater competition.” It is our view that disclosure of the information
will have the effect of reducing competition in this area of work.  The
Council further agrees that the disclosure would be harmful to the
economic interests of the third parties and would have a detrimental
effect on the Council’s ability to attract organisations to do business
with the Council because we specifically negotiate rates with tenants
concerning the amount of rent payable.  We therefore believe that if this
information were to be revealed, it could be used to re-negotiate an
existing or future amount, and impact on future negotiations.

 

The Information Commissioner’s Guidance on the public interest sets out
the factors for disclosure in the public interest for example
accountability for spending public money, the number of people affected by
a proposal, any reasonable suspicion of wrongdoing, or any potential
conflict of interest. Whilst we appreciate the public have an interest in
how Councils are spending money, we do not believe there to be a general
public interest in the disclosure of the specific information. The Act
does, however, recognise that there will be circumstances and respects in
which the preservation of confidentiality between public authority and
contractor is appropriate, and must be maintained, in the public interest.
Again we believe disclosure is only of interest to a competitor and feel
there is no public interest for the information to be revealed, rather
there is a significant public disadvantage, in particular in terms of
reducing competitiveness and choice if the information was to be provided
as requested.

 

The information Commissioner issued a decision notice on 26 October 2018
(FS50731179) regarding disclosure of rental information and the
Commissioner’s view was there was a significant chance of prejudice
occurring therefore she accepted that if rental information was disclosed
this could prejudice the negotiating position of the Council when
negotiating future leases on properties.  The Commissioner considered that
the public interest in ensuring the Council is not put in a commercial
disadvantage outweighs the public interest in disclosure. The Council in
this case was not, therefore, obliged to disclose the requested rental
information.

 

We hope that this information deals with your request, however if you are
dissatisfied with the handling of your request, you have the right to ask
for an internal review. Internal review requests should be submitted to
[2][email address] within two months of the date of receipt
of the response to your original request.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, [3]www.ico.org.uk

 

Elena Lilley| Legal Administration Officer

Hartlepool Borough Council

Tel: (01429) 523647 | Ext: 3647

Email: [email address]

Web: [4]hartlepool.gov.uk

Facebook: [5]facebook.com/hartlepoolcouncil 

Twitter: [6]twitter.com/HpoolCouncil  

 

From: Fred Corbett [[7]mailto:[FOI #563350 email]]

Sent: 20 March 2019 15:47

To: Freedomofinformation

Subject: Freedom of Information request - Annual Rental for My Cafe and
the Rifty Project

 

Dear Hartlepool Council,

 

Could you provide me with the following information

 

1) The amount of the annual rent paid by My Cafe located within the
Masefield Road community centre to HBC ?

 

2) The amount of the annual rent paid by the Rifty Youth Project located
within the Masefield Road community centre to HBC ?

 

3) Has HBC any responsibility for the payment of any of the utility
charges for My Cafe and the Rifty Youth Project ?

 

[8]Love-Hartlepool

dangos adrannau a ddyfynnir