Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMr Hartley mewngofnodwch a gadael i bawb wybod.

Environmental Night Wardens - CCTV Van

We're waiting for Mr Hartley to read recent responses and update the status.

Dear City of Edinburgh Council,

I would like to request the following information about the Environmental Night Wardens who drive the CCTV van. Information requested is from January 2016 to December 2018 so basically the last 3 full years

• How many fixed penalties have they issues each year for Trade Waste?
• How many fixed penalties have they issues each year for Littering?
• How many fixed penalties have they issues each year for dog fouling?
• I see the CCTV van blocking of the road West Toll Cross Edinburgh
o How much does this cost?
o Who pays for it CEC or Police?

I would now like to request information about legislation they use
• What legislation do they have or use to close roads?
• Under what legislation do they use to use CCTV?
• What enforcement powers do they have to prevent crime using CCTV?
• Do they have powers to detain people?

I would now like to request some financial information
• How much does it cost per year to have Night Environmental Wardens? (2016 to 2018)
• How many wardens are there and what is the individual pay grade?

Finally please can you give a brief on the purpose they have?

Yours faithfully,

Mr Hartley

City of Edinburgh Council

Mr Hartley

Our ref: 21860

Dear Mr Hartley

Acknowledgement of Request

Subject: Environmental Night Wardens - CCTV Van

Thank you for your request for information received on 11/01/2019. 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 08/02/2019 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

City of Edinburgh Council

Mr Hartley

[FOI #543584 email]

Our ref: 21860

Dear Mr Hartley

Request for Clarification

Subject: Environmental Night Wardens - CCTV Van

Thank you for your request for information of 11/01/2019 in which you asked the following:

I see the CCTV van blocking of the road West Toll Cross Edinburgh

Q4. How much does this cost?

Q5. Who pays for it CEC or Police?

Unfortunately, we cannot identify the information you have requested from the details you have provided. To help us meet your request, could you please provide the following:

Regarding Q4 it is unclear which costs you are seeking. Would this relate to the van or the action of blocking the road?

Regarding Q5, again does this payment relate to the van or the action in blocking the road?

On receipt of these further details, we will respond to your request within 20 working days. Please note that the statutory 20 working day deadline for responding to your request does not start until we receive the requested clarification from you.

If we do not hear from you within 40 working days, we will assume that you are no longer seeking the information you have requested and we will take no further action.

If you wish to discuss further, please get in touch. Please quote the reference number above in any future communications.

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

Yours sincerely,

Iain Burden
Information Rights Officer

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,

As per your request for further information.

I see the CCTV van blocking of the road West Toll Cross Edinburgh

Q4. How much does this cost?
Staffing cost, what is there pay grade?
How many staff are involved?
How much did it cost to purchase and equip the van?
How much time does this activity take?

Q5. Who pays for it CEC or Police?
Is the costs claimed from Police Scotland?
Total cost to CEC for staff, van, fuel, uniform, ect

Yours faithfully,

Mr Hartley

City of Edinburgh Council

Mr Hartley

[FOI #543584 email]

Our ref: 21860

Dear Mr Hartley

Request for Clarification - Receipt

Subject: Environmental Night Wardens - CCTV Van

Thank you for providing clarification on the above request for information of 11/01/2019. We will respond to your request within 20 working days. Please note that the statutory 20 working day deadline for responding to your request starts upon receipt of clarification. This means we have until 26/02/2019 to respond to your request.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details.

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

Yours sincerely

Iain Burden
Information Rights Officer

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,

Can i have the response please?

Yours faithfully,

Mr Hartley

Information Rights Officer 4, City of Edinburgh Council

Afternoon Mr Hartley

As per the clarification receipt below, we are required to formally respond by 26/2/2019. I have asked the relevant service area to provide me with recorded information by 19/02/2019 so that I have time to prepare it. If I receive the information earlier then I'll try to respond earlier.

Kind regards,

Iain.

Iain Burden | Information Rights Officer | Information Governance Unit | Strategy & Communications Division | Chief Executive | The City of Edinburgh Council | Business Centre 2:1 | Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | 0131 200 2340 | [email address] | www.edinburgh.gov.uk

dangos adrannau a ddyfynnir

City of Edinburgh Council

Mr Hartley

[FOI #543584 email]

Our ref: 21860

Dear Mr Hartley

Environmental Information (Scotland) Regulations 2004 - Partial Release of Information

Subject: Environmental Night Wardens - CCTV Van

Thank you for your request for information of 11/01/2019 where you asked a number of questions regarding the above. Your request has been processed under the Environmental Information (Scotland) Regulations 2004 (EIRs). Unfortunately, the Council is only able to meet part of your request; this information is released to you now. I shall address each of your questions in turn.

You asked the following:

I would like to request the following information about the Environmental Night Wardens who drive the CCTV van. Information requested is from January 2016 to December 2018 so basically the last 3 full years.

Q1. How many fixed penalties have they issues each year for Trade Waste?

A1. There has been one Fixed Penalty Notice issued for a Trade Waste related offence in this period.

Q2. How many fixed penalties have they issues each year for Littering?

A2. There have been 13 Fixed Penalty Notices issued for the offence of Littering in this period.

Q3. How many fixed penalties have they issues each year for dog fouling?

A3. There have been no Fixed Penalty Notices issued for the offence of Dog Fouling in this period.

I see the CCTV van blocking of the road West Toll Cross Edinburgh

Q4a) How much does this cost?

A4a) Unfortunately, we are unable to provide you with the information requested as it is not held by the Council. The Council is therefore relying on the exception under regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004.

We do not hold costs broken down according to a specific incident or activity. Therefore, no figures are available.

Please note that this letter constitutes a formal notice under regulation 13 of the Environmental Information (Scotland) Regulations 2004.

Q4b) Staffing cost, what is their pay grade?

A4b) The Night Team Environmental Wardens consists of 4 Wardens; 2 x Grade 6 and 2 x Grade 5. They operate in teams of two with each team working 4 nights on, 4 nights off, covering the full week.

Grade 5 Pay range - £20,159 to £24,029

Grade 6 Pay range - £24,029 to £28,688

Q4c) How many staff are involved?

A4c) There were four Wardens attached to the Night Team, as described above.

Q4d) How much did it cost to purchase and equip the van?

A4d) The initial cost of the vehicle in 2015 was £16,866.15. The CCTV equipment was supplied and installed at a cost of £13, 000 in 2016.

Q4e) How much time does this activity take?

A4e) With reference to the ‘blocking of the road at West Tollcross, Edinburgh’, I can advise this activity takes on average between 10 and 20 minutes, dependent on how quickly the patrons disperse from the adjacent nightclub. This activity is carried out on an ad hoc basis and is not a regular practice.

Q5. Who pays for it CEC or Police?
Are the costs claimed from Police Scotland?
Total cost to CEC for staff, van, fuel, uniform, etc.

A5. Given the ad hoc nature of this activity and the length of time it takes on average, no costs have been calculated or claimed. With regard to the ‘blocking of the road at West Tollcross, Edinburgh’, we do not hold costs broken down according to specific incidents or activities as described above in A4a).

I would now like to request information about legislation they use

Q6. What legislation do they have or use to close roads?

A6. The Environmental Wardens do not themselves have powers to close a road however, on the odd occasion where they have been requested to assist the Police in restricting vehicular traffic access to West Tollcross, they have done so under the direction of the Police who have the opportunity to close/ block a road through its common law duty to protect life and property.

Q7. Under what legislation do they use to use CCTV?

A7. The use of CCTV by an organisation was governed by the Data Protection Act 1998, as at 26 January 2019. This has now been superseded by the Data Protection Act 2018.

Q8. What enforcement powers do they have to prevent crime using CCTV? (i.e. Does the Council have any enforcement powers to prevent crime whilst monitoring the CCTV?)

A8. Wardens are authorised to intervene and carry out the relevant enforcement action should an offence be witnessed in relation to the following:

• Littering
• Fly-tipping
• Dog Fouling
• Control of Dogs
• Unauthorised disposal of Trade or Domestic Waste
• Engine Idling
• Tables and Chairs permit conditions
• The A-Board ban
• Fly-posting

Whilst not exhaustive, should other matters be witnessed, including:

• Violent assault
• Public disorder
• Anti-Social behaviour
• Road Traffic offences
• Other Council Licensing offences

Wardens shall film the incident and report to the relevant agency (immediately, should the incident warrant a quick response) for their consideration in reviewing the footage and progressing any formal action.

Q9. Do they have powers to detain people?

A9. No, Wardens are civil enforcement officers and therefore do not have powers to detain. However, there is a common law position that means that by using the minimum required force possible, a member of the public can 'arrest' someone committing a serious offence.

I would now like to request some financial information

Q10. How much does it cost per year to have Night Environmental Wardens? (2016 to 2018)

A10. The following costs provided for staffing also include on-going costs such as accommodation and superannuation. Vehicle costs include fuel.

Staffing - £151,792.50

Vehicle - £ 3,132.72

Q11. How many wardens are there and what is the individual pay grade?

A11. Please refer to A4b) above.

Q12. Finally please can you give a brief on the purpose they have? i.e. Does the Council hold any information on why they have the CCTV van?

A12. The Environmental Wardens service have operated a CCTV equipped vehicle since 2003. The equipment is primarily used to monitor areas for the following offences:
• Littering
• Dog Fouling
• Fly-tipping

The City of Edinburgh Council operates a Central Monitoring facility which has responsibility for a network of static and portable cameras situated around the City. In addition, it utilises the CCTV Van to provide attendance at events such as Football and Rugby games, marches and other large events in and around the City Centre.

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...

Your right to seek a review

I appreciate that our decision may disappoint you and I am sorry that we have not been able to release all the information you requested on this occasion. 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 & Insight
The City of Edinburgh Council,
Waverley Court Business Centre 2:1,
4, East Market Street,
Edinburgh,
EH8 8BG or;
Email: [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 remember to quote the above 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: www.itspublicknowledge.info/Appeal
Email: [email address]

Yours sincerely

Iain Burden
Information Rights Officer

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

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywMr Hartley mewngofnodwch a gadael i bawb wybod.