Licensing Application 051731

The request was partially successful.

Dear Devon and Cornwall Constabulary,

I make this application for information under the FOI and Environmental Regulations to determine what information you hold on the Police Licensing Officer’s input into the processing of the licensing application by

Mickey's Beach Bar & Restaurant and Cafe Patisserie Glacerie
Unit 1, Sideshore, Queens Drive, EXMOUTH, EX8 2GD
Completed application 051731

I am requesting details of the extent of the information you hold on this application. I am also requesting the fullest information about any and all meetings that you may have had with the applicant and or his representative, dates, parties involved, locations of any meetings along with information held on computers, copies of all correspondence, printed or handwritten documents, emails, records of telephone calls, as well as images, video and audio recordings of meetings that may have been made.

I am aware the EDDC Licensing Officers Report to the Licensing Hearing stated:
“No representations received, the Police Licensing Officer has responded to the consultation as follows:
‘I received a draft application prior to this formal submission, I asked the applicant for certain amendments to the Operating Schedule and additional conditions all of which are now included in the application.”

A formal appeal against the granting of this licence is being considered and, as the time for appeal is limited, I would emphasise the obligation under the FOI Act to deal with requests promptly. A prompt response would also assist the court and remove the need for an adjournment.

Please contact me if you need any clarification on my query.

Thank you

Yours faithfully
ronmetcalfe

FOI, Devon and Cornwall Constabulary

Thank you for your email submitted to the Freedom of Information (FOI)
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Please note that we are experiencing high volumes of requests and staff
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the 20 working day statutory deadline. Please be assured that we are
working on all current and outstanding requests and will get a response to
you as soon as possible. Please bear in mind that when we receive
enquiries regarding late requests, responding to these enquiries can cause
further delay and can hinder the Team from restoring compliance with the
statutory timeframe.  

Thank you in advance for your patience whilst we work through this
challenging period.

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E-mail should not be regarded as a secure means of communication, we take
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*************************************************************************
For more information, or to contact us, please visit us at
[1]www.devon-cornwall.police.uk or [2]www.dorset.police.uk or e-mail
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Dear Devon and Cornwall Constabulary,
Police FOI enquiry 30 May 2021

I am writing to enquire about progress in responding to this FOI and to remind you that the statutory date for replying, 27 May 2021, has now passed.

Whilst appreciating that the pandemic has impacted on your ability to comply with the statutory deadline of 20 days, as we are now emerging from previous lockdown restrictions I would hope your team will now turn to completing a response to my enquiries.

I look forward to a response soon.
Thank you

Yours faithfully,
ronmetcalfe

FOI, Devon and Cornwall Constabulary

Thank you for your email submitted to the Freedom of Information (FOI)
Team for Dorset Police and Devon & Cornwall Police. 

If your email relates to a new FOI request please accept this
auto-response as a formal acknowledgement. 

Should we need to clarify any aspect of your request we will contact you
regarding this but please be aware that the 20 working day deadline will
not begin until the clarification has been received.

If your email relates to an ongoing request we will respond to your email
as soon as possible. 

Please note that we are experiencing high volumes of requests and staff
shortages which, in some cases, is impacting on our ability to comply with
the 20 working day statutory deadline. Please be assured that we are
working on all current and outstanding requests and will get a response to
you as soon as possible. Please bear in mind that when we receive
enquiries regarding late requests, responding to these enquiries can cause
further delay and can hinder the Team from restoring compliance with the
statutory timeframe.  

Thank you in advance for your patience whilst we work through this
challenging period.

show quoted sections

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[1]www.devon-cornwall.police.uk or [2]www.dorset.police.uk or e-mail
[3][email address] or [4][email address]

References

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1. http://www.devon-cornwall.police.uk/
2. http://www.dorset.police.uk/
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4. mailto:[email address]

FOI, Devon and Cornwall Constabulary

8 Attachments

Dear requester,

 

Please find attached the response to your above numbered Freedom of
Information Request.

 

Please accept my apologies for the delay in responding to your request and
for any inconvenience this may have caused.

 

Should you have any further queries please do not hesitate to contact me.

 

Yours faithfully,

 

[1]Logo Description automatically generated

[2]Text Description automatically generated with low confidence    
Alliance Freedom of Information
Officer                                                 

     Alliance Information Management Department

 

 

 

 

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E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[3]www.devon-cornwall.police.uk or [4]www.dorset.police.uk or e-mail
[5][email address] or [6][email address]

References

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4. http://www.dorset.police.uk/
5. mailto:[email address]
6. mailto:[email address]

Dear FOI Team,
Thank you for your reply.

Your letter states you have decided to disclose the requested information in part. You then refer to withholding personal information in order to respect data protection of the individual. Could you please confirm that the information you are not disclosing is therefore solely the personal information you refer to under exemptions of the Freedom of Information Act, Section 40?

You will note that my FOI requested the fullest information about any and all meetings that the Police may have had with the applicant and or his representative, dates, parties involved, locations of any meetings along with information held on computers, copies of all correspondence, printed or handwritten documents, emails, records of telephone calls, as well as images, video and audio recordings of meetings that may have been made. Under the Freedom of Information Act 2000 and the Environmental Information Regulations I have a right to request any and all recorded information.

Your reply comprises only a series of redacted emails.

I would therefore be grateful for the supply of ANY other information about meetings, information held on computers, etc as listed in my original FOI and re-listed in the paragraph.

I look forward to hearing from you.

Thank you.
Yours sincerely,
ronmetcalfe

FOI, Devon and Cornwall Constabulary

Thank you for your email submitted to the Freedom of Information (FOI)
Team for Dorset Police and Devon & Cornwall Police. 

If your email relates to a new FOI request please accept this
auto-response as a formal acknowledgement. 

Should we need to clarify any aspect of your request we will contact you
regarding this but please be aware that the 20 working day deadline will
not begin until the clarification has been received.

If your email relates to an ongoing request we will respond to your email
as soon as possible. 

Please note that we are experiencing high volumes of requests and staff
shortages which, in some cases, is impacting on our ability to comply with
the 20 working day statutory deadline. Please be assured that we are
working on all current and outstanding requests and will get a response to
you as soon as possible. Please bear in mind that when we receive
enquiries regarding late requests, responding to these enquiries can cause
further delay and can hinder the Team from restoring compliance with the
statutory timeframe.  

Thank you in advance for your patience whilst we work through this
challenging period.

show quoted sections

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[1]www.devon-cornwall.police.uk or [2]www.dorset.police.uk or e-mail
[3][email address] or [4][email address]

References

Visible links
1. http://www.devon-cornwall.police.uk/
2. http://www.dorset.police.uk/
3. mailto:[email address]
4. mailto:[email address]

FOI, Devon and Cornwall Constabulary

Dear Mr Metcalfe,

I write in reference to your above referenced Freedom of Information Request.

Please note that the Section 40(2) exemption applied to the redactions made on the emails provided to you are to protect names, contact details and email addresses of those involved. No data other than personal information is subject to this exemption.

As per your original request, enquiries were made with the relevant team and this is all the information that is held by Devon & Cornwall Police in respect of your Freedom of Information Request.

Yours faithfully,

Alliance Freedom of Information Officer
Alliance Information Management Department
Devon & Cornwall Police and Dorset Police

show quoted sections

Dear FOI Team

Thank you for your reply. Thank you also for confirmation that it is only personal information that is subject to the exemption from the FOI.

At the moment I cannot be satisfied that I have received all the information regarding the Licensing Application between the Police and other parties.

Firstly, I have received only emails. I have not had any other information, as in my original request, about any and all meetings that the Police may have had with the applicant and or his representative, dates, parties involved, locations of any meetings along with information held on computers, copies of all correspondence, printed or handwritten documents, emails, records of telephone calls, as well as images, video and audio recordings of meetings that may have been made. Given your recent points about exemption of personal information I would be content to see only the role of the persons involved, not their name.

Secondly, I note that none of the information supplied pre-dates 12/02/2021 whereas I have reason to believe there was contact and meetings before that date.

Within another FOI to EDDC Local Authority, information is disclosed in an email directed to the applicant which refers to a meeting between the applicant, the Police prior to Christmas, presumably, 2020. This meeting took place at Lympstone Manor.

This email is dated 11 February 2021 and says “The best way forward is to consult the Police Licensing Officer, [Name Redacted] who you met last year at Lympstone Manor. [Name Redacted] will be able to guide you on what the Police will expect to see, based on your style and hours of operation.”

There are other emails dated November 2020 with references to seeking informal comments from the Police prior to the application being made.

I can signpost you to this FOI if you would think it helpful. Presumably police officers make records of their activities and these records will show dates, emails to arrange, notes from such meetings, etc.

I would be grateful if you would again interrogate your systems and Licensing Team to collate the other information in respect to this Licensing Application. Under the Freedom of Information Act and the Environmental Information Regulations I believe I have a right to request any and all information. (See Information Commission Officer’s website ref:
https://ico.org.uk/your-data-matters/off...

I look forward to your further and fuller reply.

Thank you
Yours sincerely,
ronmetcalfe

FOI, Devon and Cornwall Constabulary

Thank you for your email submitted to the Freedom of Information (FOI)
Team for Dorset Police and Devon & Cornwall Police. 

If your email relates to a new FOI request please accept this
auto-response as a formal acknowledgement. 

Should we need to clarify any aspect of your request we will contact you
regarding this but please be aware that the 20 working day deadline will
not begin until the clarification has been received.

If your email relates to an ongoing request we will respond to your email
as soon as possible. 

Please note that we are experiencing high volumes of requests and staff
shortages which, in some cases, is impacting on our ability to comply with
the 20 working day statutory deadline. Please be assured that we are
working on all current and outstanding requests and will get a response to
you as soon as possible. Please bear in mind that when we receive
enquiries regarding late requests, responding to these enquiries can cause
further delay and can hinder the Team from restoring compliance with the
statutory timeframe.  

Thank you in advance for your patience whilst we work through this
challenging period.

show quoted sections

E-mail should not be regarded as a secure means of communication, we take
all reasonable steps to ensure that e-mails are protected from malware,
but cannot accept liability for any loss or damage, howsoever arising, as
a result of their transmission to the recipients' computer or network.
*************************************************************************
For more information, or to contact us, please visit us at
[1]www.devon-cornwall.police.uk or [2]www.dorset.police.uk or e-mail
[3][email address] or [4][email address]

References

Visible links
1. http://www.devon-cornwall.police.uk/
2. http://www.dorset.police.uk/
3. mailto:[email address]
4. mailto:[email address]

FOI, Devon and Cornwall Constabulary

6 Attachments

Dear Mr Metcalfe,

 

Further to your recent email, I can advise that the role of the person
involved within Devon and Cornwall Police is 'Alcohol Licensing Officer.'

 

I have confirmed with the individual who attended these meetings that the
only information held by Devon and Cornwall Police are the emails which
have already been disclosed to you. They have been able to confirm that a
meeting was attended and that no notes were recorded due to the informal
nature of the meeting. As recollections of this meeting are not held or
stored other than anecdotally, it is not disclosable under the Freedom of
Information Act.

 

Should you remain unhappy with the response to your request, I refer you
back to the Internal Review process which is provided within my initial
response letter.

 

Yours faithfully,

 

[1]Logo Description automatically generated

[2]Text Description automatically generated with low confidence    
Alliance Freedom of Information
Officer                                                 

     Alliance Information Management Department

 

 

 

 

 

 

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ronmetcalfe left an annotation ()

The last reply refers to the individual attending "meetings", then later refers to a "meeting", leaving open the possibility other meetings have not been disclosed.
The response has not included any dates or locations of meetings., despite a previous request that this information should be disclosed.
The reply does not deny that police licensing staff use computerised diaries nor does it confirm such information would be outside the scope of an FOI.
The reply does not confirm they have supplied "all information".
Overall, this response is considered to be incomplete. However this issue and the information sought through this particular FOI does not warrant any further time or attention.