Contracts between the City of Edinburgh and Underbelly Ltd signed in 2019

Roedd y cais yn rhannol lwyddiannus.

Dear City of Edinburgh Council,

I am writing to ask you to provide copies of all contracts made between the City of Edinburgh and Underbelly Ltd during 2019.

Yours faithfully,
Simon Holledge

City of Edinburgh Council

Mr Simon Holledge

Our ref: 26496

Dear Mr Holledge

Acknowledgement of Request

Subject: Underbelly

Thank you for your request for information which was received on 30/12/2019. In your request you asked for the following;

I am writing to ask you to provide copies of all contracts made between the City of Edinburgh and Underbelly Ltd during 2019.

I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 29/01/2020 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

By law I understand a reply is now overdue to my request for Contracts between the City of Edinburgh and Underbelly Ltd signed in 2019.

Can you please provide the information?

Yours faithfully,

Simon Holledge

Information Rights Officer 2, City of Edinburgh Council

Dear Mr Holledge

The request is due to you today. I have been in touch with the officer who is providing the information and he is finalising this now.

Kind regards

Sue

Sue Brown | Information Rights Officer | Information Governance Unit | Strategy and Communications | Chief Executive | Tel DD: 0131 529 7855 Main: 0131 200 2340 | [email address]

dangos adrannau a ddyfynnir

Information Rights Officer 2, City of Edinburgh Council

3 Atodiad

  • Attachment

    CT0211 DELIVERY OF EDINBURGH S CHRISTMAS AND EDINBURGH S HOGMANAY LOT 1 Final.pdf

    123K Download View as HTML

  • Attachment

    CT0211 DELIVERY OF EDINBURGH S CHRISTMAS AND EDINBURGH S HOGMANAY LOT 2 Final.pdf

    127K Download View as HTML

  • Attachment

    26496 Information.zip

    4.6M Download

Link: [1]File-List

Mr Simon  Holledge

 

[2][FOI #630925 email]

 

Our ref: 26496

 

Dear Mr Holledge

 

Freedom of Information (Scotland) Act 2002 - Release of Information

 

Subject: Underbelly Contract

 

Thank you for your request for information of 30/12/2019 where you asked
the following:

 

I am writing to ask you to provide copies of all contracts made between
the City of Edinburgh and Underbelly Ltd during 2019.

 

Your request has been processed and considered under the Freedom of
Information (Scotland) Act 2002 and the information is provided below.
Please accept my apologies for the delay in responding to your request.

 

Underbelly are under contract with the City of Edinburgh Council to
deliver the Christmas Market and Hogmanay events. These arrangements exist
under two separate contracts which were awarded in 2017.

 

Please find attached, two cover letters to Underbelly. These letters
provide details of the contract documents and these have been highlighted
either green or red.

 

The documents highlighted in green are attached. I have also included CV
information for the companies involved. Where there is information about
an individual this has been redacted.

 

Please note that third party personal data has been redacted from the
information provided. The release of such data would be a breach of Data
Protection legislation in terms of fair processing as it would be unfair
and unlawful for information which could identify individuals to be
released into the public domain. This information would therefore be
exempt in terms of Section 38(1)(a) and 38(1)(b) read in conjunction with
Section 38(2)(a)(i) of the Act.

 

The documents highlighted in red will not be released for the following
reasons.

 

Under the terms of the legislation, a request for information can be
refused where one or more exemptions listed in the legislation apply. In
this instance, the Council is claiming the following exemptions to part of
the information that you have requested:

 

Section 33(1)(b) which exempts information if its disclosure under this
Act would, or would be likely to, prejudice substantially the commercial
interests of any person (including, without prejudice to that generality,
a Scottish public authority) and

 

The Council has an obligation to ensure that the tender process is a fair
as possible to maintain the integrity of the process and, equally as
important, to ensure that the best value is gained for the public in
Edinburgh.  This cannot be achieved if the Council sets a precedent by
releasing commercially sensitive information from a live contract.  It
could also potentially discourage companies from tendering in the future
if it is known that the Council will disregard the commercial
sensitivities of a third party.

 

I am also required to consider the application of the public interest test
in section 2(1)(b) of FOISA. In doing so, the Council appreciates the
public interest in ensuring that it is transparent and accountable in how
it spends public funds. However, if the Council were to release this
information into the public domain in response to your request, it would
cause substantial harm to the commercial interests of the current provider
and may jeopardise the procurement when the contract comes up for
renewal.  In these circumstances, the Council finds that the public
interest in disclosing the information is outweighed by that in
maintaining the exemption in section 33(1)(b) of FOISA.

 

Please note that this exemption will not apply in perpetuity and any
assessment of whether it is suitable to release after the contract has
ended may find that that there is no harm in disclosure.

 

Section 39(1) which allows public authorities to refuse to disclose
information if disclosure would, or would be likely to, endanger an
individual’s (iii) safety.

 

In addition, information which shows operational information such as site
plans and road closures will not be released. This information indicates
the specific locations of the of the services and providers who are taking
part in the event. If we were to place detailed plans of the individual
locations of those involved in the event we would potentially assist
individuals with malicious intent to plan a targeted attack endangering
those present at the event.

 

I have considered the public interest test set out in the legislation.
Whilst there is a clear public interest in promoting transparency and
accountability in the Council’s actions through the release of the
information you are seeking, it is the Council’s opinion that the
disclosure of the information you seek would prejudice substantially the
measures which the Council would need to take in regard to public safety.
The public interest, in the disclosure of this information does not
outweigh the public interest in the Council, together with the organisers,
being able to mitigate any potential threat by not publishing this
information.  

 

Please note that, where information has not been provided, this
constitutes a formal refusal notice under section 16 of the Act.

 

To promote transparency and accountability, please note it is the
Council’s policy to publish all request details and responses made under
the freedom of information legislation. This information will be made
available through the Council’s website and will not include your personal
details. The disclosure log is available at the following link:
[3]http://www.edinburgh.gov.uk/homepage/175...

 

Your right to seek a review

 

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the:

 

Head of Strategy & Communications

The City of Edinburgh Council

Waverley Court Business Centre 2:1

4, East Market Street

Edinburgh

EH8 8BG or,

Email: [4][email address]

 

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please quote
the reference number above in any future communications.

 

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

Website: [5]www.itspublicknowledge.info/Appeal

Email: [6][email address]

 

Yours sincerely,

 

 

Sue Brown

Information Rights Officer

 

 

Information Governance Unit

Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340

[7][Edinburgh City Council request email]  [8]www.edinburgh.gov.uk

 

 

dangos adrannau a ddyfynnir

References

Visible links
1. file:///tmp/cid:filelist.xml@01D5DB4E.7C7370D0
2. mailto:[FOI #630925 email]
3. http://www.edinburgh.gov.uk/homepage/175...
4. mailto:[email address]
5. http://www.itspublicknowledge.info/Appeal
6. mailto:[email address]
7. mailto:[Edinburgh City Council request email]
8. http://www.edinburgh.gov.uk/