Licensing Application 051731 & Environmental Health
Dear East Devon District Council,
I make this application for information under the FOI and Environmental Regulations to determine what information is held on the input by Environmental Health & Wellbeing Services 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 all of the information Environmental Health & Wellbeing Services hold on this application. I am also requesting the fullest information about any and all meetings that they may have had with Licensing, the applicant and or his representative, dates, parties involved, locations of any meetings. Please include also all the 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.
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
Dear Sara
I am writing to enquire about progress in responding to this FOI and to remind you that the statutory date for replying, 28 May 2021, has now passed.
I look forward to a response soon.
Thank you
Yours faithfully,
ronmetcalfe
Dear Mr Metcalfe,
Thank you for your enquiry. You sent in 2 FOIs for essentially the same
information. Your references are
[1][FOI #751755 email] and
[2][email address] which requested information
relating to EH involvement of Licensing Application 051731. As they were
the same in detail we have logged and responded to the first one we
received which was [3][email address]. A
response was sent to this email address on the 27^th May.
Yours sincerely,
Sara
Ms S Harvey
Information and Complaints Officer
East Devon District Council
[4][email address]
01395 571659
[5]www.eastdevon.gov.uk
From: ronmetcalfe <[FOI #751755 email]>
Sent: 30 May 2021 11:13
To: FOI EDDC <[East Devon District Council request email]>
Subject: Re: Freedom of Information request - Licensing Application 051731
& Environmental Health
Dear Sara
I am writing to enquire about progress in responding to this FOI and to
remind you that the statutory date for replying, 28 May 2021, has now
passed.
I look forward to a response soon.
Thank you
Yours faithfully,
ronmetcalfe
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Dear Sara
You have written this to me on 1 June 2021:
You sent in 2 FOIs for essentially the same
information. Your references are
[1][FOI #751755 email] and
[2][email address] which requested information
relating to EH involvement of Licensing Application 051731. As they were
the same in detail we have logged and responded to the first one we
received which was [3][email address]. A
response was sent to this email address on the 27^th May.
I confirm that I sent in two FOI’s. I confirm I asked for the same type of information, that is, the response to Licensing Application 051731. However, I requested this information from TWO DIFFERENT departments about their response to Licensing Application 051731. That is two different FOI’s.
Clearly the information from Planning & Countryside would not be the same as information from Environmental Health.
You have (partially) replied to my request for information from Planning & Countryside in another FOI.
You have NOT supplied any information in this FOI in respect to my request from Environmental Health.
I would also remind you I sent you a detailed note to help you unpick your confusion on these FOI’s on 16th May. Perhaps re-reading this would help.
https://www.whatdotheyknow.com/request/l...
Am I correct in thinking that since the 29th April you have not initiated any enquiries or action with Environmental Health to address my request for information on their activities in respect to the licensing application?
Please do so now. If you would like me to repeat what information I requested in respect to Environmental Health please read this:
https://www.whatdotheyknow.com/request/l...
Yours sincerely,
ronmetcalfe
From: FOI EDDC
Sent: 27 May 2021 14:20
To: 'ronmetcalfe' <[email address]>
Subject: EDDC Response to your FOI enquiry - Licensing Application 051731
Dear Mr Metcalfe,
Thank you for your FOI enquiry. Please see attached documents for
information held in respect of the above application for EH. The council
does not record telephone calls. There will be information already in the
public domain on the councils website (details on
[1]https://democracy.eastdevon.gov.uk/docum...)
and licensing public register.
I make this application for information under the FOI and Environmental
Regulations to determine what information you hold on the Environmental
Health Service 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 all 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 hope this information is helpful but, if you feel dissatisfied with the
way we have responded to your request, please contact our Monitoring
Officer, Mr Henry Gordon Lennox, to request an internal review
[2][email address]
You may also approach the Information Commissioner for advice at
[3]www.ico.org.uk
Yours sincerely,
Sara
Ms S Harvey
Information and Complaints Officer
East Devon District Council
[4][email address]
01395 571659
[5]www.eastdevon.gov.uk
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Dear Sara
I am so sorry to be writing to you again. It is not my intention to be irksome or bothersome. I cannot help but think there would be no need to take any more of your time or resources if you had processed my FOI correctly and promptly in the first place.
In the information you have supplied there is an email dated 24th May, presumably from someone asked to respond to this FOI, which states
“My understanding is that we are asked to disclose any correspondence etc that we have had with EH or including EH, in connection with this application?”
As this staff member refers to “correspondence” they clearly have not been fully briefed to disclose the full range of other information I formally requested in this FOI.
I requested information on any and all meetings that Environmental Health 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 (this would include Zoom meetings).
Under the Freedom of Information Act and the Environmental Information Regulations I believe I have a right to request this information. For the avoidance of doubt please read the Information Commissioner's Office website:
https://ico.org.uk/your-data-matters/off...
In the documents you have released, there are numerous references in the emails to attachments - these have not been included in your response. There are references to EH staff meeting with noise consultants but no information has been included. No information has been included about other meeting dates, site visits (16th, 17., 18th March were cited), location of meetings. No notes or records from any of these meetings have been disclosed.
I am presuming that professional staff log their activities and do make notes on their activities and meetings so these records should be available.
I look forward to receiving the other information which it appears staff have not been asked for.
Yours sincerely,
ronmetcalfe
Dear Mr Metcalfe,
Thank you for your email. I am sorry you were unhappy with the response.
We will now log this as an Internal Review and you should expect to
receive a response from the Monitoring Officer within the next 20 working
days.
Yours sincerely,
Sara
Ms S Harvey
Information and Complaints Officer
East Devon District Council
[1][email address]
01395 571659
[2]www.eastdevon.gov.uk
From: ronmetcalfe <[FOI #751755 email]>
Sent: 12 June 2021 17:43
To: FOI EDDC <[East Devon District Council request email]>
Subject: Re: EDDC Response to your FOI enquiry - Licensing Application
051731
Dear Sara
I am so sorry to be writing to you again. It is not my intention to be
irksome or bothersome. I cannot help but think there would be no need to
take any more of your time or resources if you had processed my FOI
correctly and promptly in the first place.
In the information you have supplied there is an email dated 24th May,
presumably from someone asked to respond to this FOI, which states
“My understanding is that we are asked to disclose any correspondence etc
that we have had with EH or including EH, in connection with this
application?”
As this staff member refers to “correspondence” they clearly have not been
fully briefed to disclose the full range of other information I formally
requested in this FOI.
I requested information on any and all meetings that Environmental Health
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 (this would include Zoom
meetings).
Under the Freedom of Information Act and the Environmental Information
Regulations I believe I have a right to request this information. For the
avoidance of doubt please read the Information Commissioner's Office
website:
[3]https://ico.org.uk/your-data-matters/off...
In the documents you have released, there are numerous references in the
emails to attachments - these have not been included in your response.
There are references to EH staff meeting with noise consultants but no
information has been included. No information has been included about
other meeting dates, site visits (16th, 17., 18th March were cited),
location of meetings. No notes or records from any of these meetings have
been disclosed.
I am presuming that professional staff log their activities and do make
notes on their activities and meetings so these records should be
available.
I look forward to receiving the other information which it appears staff
have not been asked for.
Yours sincerely,
ronmetcalfe
Internal Review ref 101001009288
Dear Mr Metcalfe,
I am sorry you feel dissatisfied with the way we have responded to your
request for information under ref 101001007241.
You requested all meetings that may have been held 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.
To clarify there are no minutes of meetings, recordings of meetings,
records of telephone calls or location information of meetings held. EH
and Licensing do not record or document site meetings or visits in the
manner that you have queried. They don’t record (video or audio)
conversations and unless someone has specifically asked for a zoom/video
meeting to be recorded it will not be. There are no recordings of any such
zoom/video meetings, telephone calls held between officers, the applicant
or his representatives in relation to this application.
The officers were not just specifically asked to provide correspondence as
you suggest. They were asked to provide all information that would cover
the scope of your request.
You suggested that there were attachments that had not been included. I
have gone through the information provided to you and have found a couple
of attachments that were not included that should have been. Please see
attached.
If you feel dissatisfied with our response to your request, you have the
option to refer matters to the Information Commissioner’s office at
[1]www.ico.org.uk
Regards,
Mr Henry Gordon Lennox
Monitoring Officer
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Dear Mr Gordon Lennox
Thank you for having gone through the information and for your reply.
Rather than dissatisfied, I would say I am disappointed. As you have no doubt read the whole thread from my first enquiry onwards, you can see why I don’t think I could describe the responses on this FOI as entirely helpful, easily forthcoming or delivered in a timely manner.
I had expected that “all information”, including information held on computers, would have included information from diaries / calendars on which dates and locations for meetings would have been recorded. References in the emails supplied suggested meetings with EH - “site visits (16th, 17., 18th March were cited)”. No further information was supplied about said meetings. This led me to believe that the information given to me was not complete.
Thank you for clarifying there were no minutes or recordings of meetings. I note in your reply you have referred to a number of items but omitted any reference to dates, parties involved, locations of the meetings I specifically pointed out were missing from the information disclosed.
Am I led to believe that council staff do not hold or record any diaries / calendar information on EDDC computers (keeping a record of dates they hold meetings, location and with whom)? Or any such computerised information is outside the scope of what is meant in the Freedom of Information Act?
I believe in the importance of the Nolan Principles in Public Life, and in this instance, that Information should not be withheld from the public unless there are clear and lawful reasons for so doing. Openness, Integrity and Accountability also come to mind. In my opinion the response overall from EDDC on this FOI does not demonstrate those principles. That has led to my sense of disappointment.
This correspondence is now growing disproportionate to the matters I have enquired about, using both my time and yours. The point for me now has become feeding back my disappointment in EDDC’s replies rather than any longer trying to learn or understand anything about the interaction between Environmental Health, the applicant and Licensing.
I have pointed out my concerns and I have no reason to think you have not clearly understood them. I point this out in the hope that EDDC going forward can become more transparent in its responses to the public. There is now no need for any further reply to this matter and I will mark the FOI as complete on the WDTK website.
Yours sincerely
Ron Metcalfe
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