NDR

The request was successful.

Dear Torfaen Council,

Please can you provide me with the following information under the
Freedom Of Information Act 2000:-

The most up to date list you can obtain (Ideally from January 2018) (please provide the date of the data) with;
(a) List all Commercial properties with their Rateable Values and addresses.
(b) The names and addresses of the Rate payers referred to above
for each property and their correspondence address (if different
from the property address)
(c) The full billing authority reference for each property (this is the property reference not the account number)
(d) The current liability payable for the year 2017/18
(e) The date the rateable occupier first became liable for the
business rates
(f) If the property is empty that date it became empty
(g) Please also state which hereditament is currently receiving
I. Charitable rate relief (mandatory rate relief)
II. Discretionary rate relief
III. Empty property rate relief
IV. Listed building exemption
V. Retail Relief
VI Small Business Rate Relief
VII. Any other relief
(h) List of all credits on account and the amounts

In accordance with the ICO Torbay decision, I would appreciate it if this Council did not withhold the names of sole traders and partners. In the circumstances of the Torbay case the individuals were private landlords or sole traders and the Commissioner concluded that disclosure of their names would not breach the first data protection principle as the information relates to the business activities of the individuals concerned and not activities they undertake simply or solely in their private lives. The Commissioner concluded that disclosure would be fair and meet schedule 2 condition 6 of the Data Protection Act.

Thank you in advance.

Yours faithfully,

Richard Scott

Call Torfaen, Torfaen County Borough Council

Thank you for taking the time to email Torfaen County Borough Council.

 

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sent within 10 working days.

 

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The
Council welcomes correspondence in Welsh and English. Correspondence
received in Welsh will be answered in Welsh and will not lead to any
delay.
**********************************************************************
Mae’r Cyngor yn croesawu gohebiaeth yn Gymraeg a Saesneg. Cewch ateb
Cymraeg i bob gohebiaeth yn Gymraeg ac ni fydd yn arwain i unrhyw oedi.'

References

Visible links
1. http://www.torfaen.gov.uk/

FOI, Torfaen County Borough Council

Dear Mr Scott,

 

18/064: FREEDOM OF INFORMATION REQUEST

 

Thank you for your email dated 24/01/2018 requesting information under the
Freedom of Information Act 2000.  I have logged your email and will deal
with your request in order that we can respond to you within the statutory
deadline of 20 working days.

 

I will contact you further as soon as the relevant information is
available.

 

Yours sincerely

 

 

Chris Corten

SENIOR BUSINESS SUPPORT OFFICER COMPLAINTS/FOI  /  UWCH SWYDDOG CYMORTH
BUSNES CWYNION/RHYDDID GWYBODAETH

Chief Executive’s Service / Gwasanaeth Y Prif Weithredwr

Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen

Phone/Ffôn: 01495 742170

Fax/Ffacs: 01495 766331

Email/Ebost: [1][email address]

This email is available in large print, Braille or Welsh upon request

 

 

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FOI, Torfaen County Borough Council

1 Attachment

Dear Mr Scott,

 

18/064: FREEDOM OF INFORMATION REQUEST

 

Thank you for your email dated 24/01/2018 requesting information under the
Freedom of Information Act 2000. I am now in a position to respond to your
questions as follows:

 

The most up to date list you can obtain (Ideally from January 2018)
(please provide the date of the data) with;

(a) List all Commercial properties with their Rateable Values and
addresses.

(b) The names and addresses of the Rate payers referred to above for each
property and their correspondence address (if different from the property
address)

(c) The full billing authority reference for each property (this is the
property reference not the account number)

(d) The current liability payable for the year 2017/18

(e) The date the rateable occupier first became liable for the business
rates

(f) If the property is empty that date it became empty

(g) Please also state which hereditament is currently receiving I.
Charitable rate relief (mandatory rate relief) II. Discretionary rate
relief III. Empty property rate relief IV. Listed building exemption V.
Retail Relief VI Small Business Rate Relief VII. Any other relief

(h) List of all credits on account and the amounts

 

Please see the attached spreadsheet. I can confirm that we do hold the
business names, where these are names of individuals they are being
withheld on the basis of the exemptions in Sec. 40(2) of the Freedom of
Information Act 2000 in that disclosure of the information would be likely
to contravene the principles of the Data Protection Act as it would be
likely to reveal the identity of the individuals.

 

The relevant principle is the first principle which states that:

 

“Personal data shall be processed fairly and lawfully and in particular
shall not be processed unless:

 

(a) at least one of the conditions in Schedule 2 is met, and

(b) In the case of sensitive personal data, at least one of the conditions
in Schedule 3 is met.”

 

The relevant condition in Schedule 2 is condition 6 which states that:

 

“the processing is necessary for the purposes of legitimate interests
pursued by the Data Controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights or freedoms or
legitimate interest of the data subject.”

 

Following the tribunal decision in Corporate Officer of the House of
Commons V Information Commissioner and Leapman Brooke and Thomas the
Information Commissioner has recommended that public authorities approach
Condition 6 as a three part test which has been applied as follows:

 

1. There must be legitimate interest in the public obtaining the
information.

 

There is an interest in public awareness and confidence that the Council
is open and transparent and acting properly.

 

2 The second test is knowing whether the disclosure is necessary for the
legitimate public interest.

 

If the information was to be disclosed then the name and information
relating to the financial affairs of individuals would be made known and
there is not a legitimate interest in the public obtaining personal
information about the names and financial affairs of these individuals.

 

The authority has noted that you have highlighted a decision notice in
your request which advises that the ICO has ruled that Torbay Council
should have disclosed the names of the private individuals however the
Torbay case is very different to your request.

 

The public interest issues mentioned in the Torbay case include the public
debate about the amount that housing benefit provides to private landlords
and whether this should be invested in public housing stock, such concerns
are not prevalent in your request.

 

For the reasons above the authority does not believe the disclosure is
necessary for the legitimate public interest to be served.

 

3 The third test is whether the disclosure is nevertheless unwarranted
because of an excessive or disproportionate adverse effect on the
legitimate interests of the individuals concerned.

 

The Information Commissioner advises that the issue of whether the
landlords information is personal information is a finely balanced one.

 

Geographically Torfaen is small - only 12 miles by 5 miles - and has only
three main communities of Cwmbran, Pontypool and Blaenavon with strong
local links between each. As Torfaen is geographically a small borough it
is likely the individuals would be known. The individuals concerned have
not been consulted, they would not expect the information to be released
to the public and in fact, disclosure could potentially adversely affect
the individuals concerned disproportionately to any potential benefit to
release this information to the public.

 

We are also aware of Torbay council having the opportunity to appeal the
decision from the ICO and if that decision is overturned we could have
damaged our relationship with the local businesses when it might not have
been necessary to release the names. In view of the above we do not feel
it is in the public interest to release this information.

 

 

With regards your request for credits on accounts, please see the
information below:

 

Year Terminated Accounts Live Accounts
2011/2012 £383.42 £2511.10
2012/2013 £1427.39 0.00
2013/2014 £2045.30 £5.45
2014/2015 £4683.55 £0.00
2015/2016 £146.08 £0.00
2016/2017 £8186.59 £1238.16
2017/2018 £57835.56 £184919.71

 

In respect of the terminated accounts I can confirm the following:

• £383.42 is in respect of 3 accounts for private individuals.
• £1427.39 is in respect of 5 accounts. £962.86 relates to 3 accounts
that are in administration and the remaining £464.53 we’re currently
in the process of issuing refunds or tracing.
• £2045.30 is in respect of 7 accounts for private individuals.
• £4683.55 is in respect of 6 accounts. £4265.45 is in respect of 4
accounts for private individuals and the remaining £418.10 we’re
currently in the process of issuing refunds or tracing.
• £146.08 is in respect of 2 accounts for private individuals.
• £8186.59 is in respect of 8 accounts and for changes that have
happened recently and are currently being worked through and refunded.
• £57835.56 is in respect of 24 accounts and for changes that have
happened recently and are currently being worked through and refunded.

 

As for the live accounts the credits are in respect of the following:

• £2511.10 relates to 15 accounts, 12 are private individuals totalling
£1987.88 and 3 are companies totalling £523.22. These customers have
all benefited from SBRR and do not wish for refunds to be processed at
present. They have been notified of the credits but do not want
refunds.
• £5.45 relates to 1 account for a private individual.
• £1238.16 is in respect of 3 accounts and for changes that have
happened recently and are currently being worked through and refunded.
• £184919.71 is in respect of 52 accounts and for changes that have
happened recently and are currently being worked through and refunded.

 

In view of the above it is therefore not appropriate to pass on any
information in respect of these accounts.

 

Information supplied in response to any Freedom of Information Act request
may be subject to copyright. A single copy of information supplied under
the Freedom of Information Act may only be used for personal,
non-commercial research or study, unless stated otherwise. It must not be
passed to others, copied or re-published in whole or in part without
permission from the copyright holder. Any copyright statement that forms
part of or in any way refers to the information provided must not be
altered or removed.

 

If you have any queries about this letter or are unhappy about the service
you have received in relation to your request and wish to make a complaint
or request a review, please do not hesitate to contact me in writing.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner’s Office (Wales) cannot make a decision unless
you have exhausted the complaints procedure provided by this Council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office (Wales), 2^nd Floor, Churchill House, Churchill Way,
Cardiff, CF10 2HH. Telephone 029 2067 8400 or Fax 029 2067 8399 or e-mail
[1][email address].

 

Yours sincerely

 

 

Chris Corten

SENIOR BUSINESS SUPPORT OFFICER COMPLAINTS/FOI / UWCH SWYDDOG CYMORTH
BUSNES CWYNION/RHYDDID GWYBODAETH

Chief Executive’s Service / Gwasanaeth Y Prif Weithredwr

Torfaen County Borough Council / Cyngor Bwrdeistref Sirol Torfaen

Phone/Ffôn: 01495 742170

Fax/Ffacs: 01495 766331

Email/Ebost: [2][email address]

This email is available in large print, Braille or Welsh upon request

 

 

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