Use of communal garden

Roedd y cais yn llwyddiannus.

Dear City of Edinburgh Council,

I'm interested in this story about a bar that built a beer garden in a communal garden.
https://www.edinburghlive.co.uk/news/edi...

1. My understanding is the Council granted an alcohol licence for the beer garden. If this is the case, please can you provide information about any checks they did about whether the pub had the right to use the property? Or confirm that no checks were carried out.
2. Can you provide copies of the Council's responses to any complaints or concerns raised about the building of a beer garden- for example, complaints may have been made to the planning or licensing departments? I'm not interested in identifying information about the people who complained. In interested in the Council's explanation about how this occurred. I'd also like to know whether the Council took any action regarding the beer garden.

Yours faithfully,

Mary Sherret

City of Edinburgh Council

Mary Sherret

Our ref: 33279

Dear Mary Sherret

Acknowledgement of Request

Subject: Use of communal garden

Thank you for your request for information which was received on 14/07/2021.

In your request you asked for the following;

I'm interested in this story about a bar that built a beer garden in a communal garden.
https://www.edinburghlive.co.uk/news/edi...

1. My understanding is the Council granted an alcohol licence for the beer garden. If this is the case, please can you provide information about any checks they did about whether the pub had the right to use the property? Or confirm that no checks were carried out.
2. Can you provide copies of the Council's responses to any complaints or concerns raised about the building of a beer garden- for example, complaints may have been made to the planning or licensing departments? I'm not interested in identifying information about the people who complained. In interested in the Council's explanation about how this occurred. I'd also like to know whether the Council took any action regarding the beer garden.

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 12/08/2021 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, it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information is available at the following link: https://www.edinburgh.gov.uk/homepage/10....

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

Information Rights Officer 4, City of Edinburgh Council

1 Atodiad

Mary Sherret

 

[1][FOI #773739 email]

 

Our ref: 33279

 

 

Dear Mary Sherret

 

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

 

Subject: Use of Communal Garden As Beer Garden

 

Thank you for your request for information of 14/07/2021 where you asked a
number of questions regarding the above. Your request has been processed
and considered under the Freedom of Information (Scotland) Act 2002 and
the information is provided below. I shall address each of your questions
in turn.

 

You asked the following:

 

I'm interested in this story about a bar that built a beer garden in a
communal garden.

[2]https://www.edinburghlive.co.uk/news/edi...

Q1. My understanding is the Council granted an alcohol licence for the
beer garden.

If this is the case, please can you provide information about any checks
they did about whether the pub had the right to use the property?

Or confirm that no checks were carried out.

A1. In terms of Licensing, the Licensing Board granted an Occasional
licence for the area to be used to sell alcohol for dates 25 May 2021 – 07
June 2021. The Occasional licence provides the permission to sell alcohol
and provides no other permissions. The checking process for these
Occasional licence applications does not include a check on the
permissions to use the land unless it is on the Public Highway. It is the
responsibility of the applicant to ensure they have the correct
permissions to use the land they are applying to licence. Occasional
licences have previously been granted for the rear garden for the Festival
and used by the premises in the summer of 2014, 2015, 2016 and 2017
without complaint.

Advice was given to the premises to seek legal advice with regards to use
of the space for a commercial purpose.

Q2. Can you provide copies of the Council's responses to any complaints or
concerns raised about the building of a beer garden - for example,
complaints may have been made to the planning or licensing departments?

I'm not interested in identifying information about the people who
complained. I’m interested in the Council's explanation about how this
occurred.

A2. In terms of Licensing, please refer to the following attached
documents:

E-mail 1 – 01/06/2021 Response to initial query

E-mail 2 – 01/06/2021 Response to complaint 1

E-mail 3 – 01/06/2021 Response to complaint 2

E-mail 4 – 03/06/2021 Response to complaint 3

E-mail 5 – 03/06/2021 Response to complaint 4

In terms of Planning, see A3 below.

Q3. I'd also like to know whether the Council took any action regarding
the beer garden.

A2 and A3. In terms of the Planning service, they received four separate
enquiries from nearby residents and a member of the public concerning the
beer garden at the rear of the 47 Lothian Street. The enquiries were
submitted using the online form on the Council’s website for reporting a
possible breach of planning control. The link to this form is at:

[3]https://www.edinburgh.gov.uk/breachplann...

A Planning Enforcement case was set up in response to the enquiries and
the matter was investigated in accordance with the process set out in the
Council’s Planning Enforcement Charter -
[4]https://www.edinburgh.gov.uk/downloads/f...

The Report of Handling for the enforcement case is available to view on
the Council’s Planning and Building Control online portal under the case
reference 21/00390/EOPDEV. This sets out the reasons why Planning took no
action in this case -
[5]https://citydev-portal.edinburgh.gov.uk/....

In terms of Licensing, the role of the Licensing Standards Officer (LSO)
is to provide guidance to all parties, offer mediation and to ensure
compliance of licensed premises with legislation in relation to the
Licensing Scotland Act 2005. Advice and guidance was provided, by the
Licensing Standards Officer, to both the complainants and the premises
throughout in an effort to resolve the issue. The situation was resolved
informally, quickly and amicably.

On 1 June 2021 the LSO received a phone call from a representative of the
premises who confirmed they would cease using the area and withdraw all
future occasional licences. On 1 June 2021 e-mail confirmation was
received – See attached ‘E-mail 6’.

On 10 June 2021 the LSO met with representatives from the business and
four neighbours/residents. The premises apologised and explained their
side and allowed residents to explain theirs, all agreed to communicate
and to contact the council with any further complaints if required.

Third-party personal information has been redacted from the documents
provided. The release of such data would be a breach of the Data
Protection Act 2018 in terms of fair processing as it would not be fair,
lawful or expected 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)(b) read in conjunction with Section
38(2)(a)(i) of the Freedom of Information (Scotland) Act 2002.

Please note that this letter constitutes a formal refusal notice under
section 16 of the Freedom of Information (Scotland) Act 2002.

To promote transparency and accountability, it is the Council’s policy to
publish all request details and responses made under the freedom of
information legislation. This information is available at the following
link:
[6]https://www.edinburgh.gov.uk/homepage/10....

 

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:

 

Information Compliance Team

The City of Edinburgh Council

Waverley Court Business Centre 2:1

4, East Market Street

Edinburgh

EH8 8BG or,

Email: [7][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: [8]www.itspublicknowledge.info/Appeal

Email: [9][email address]

 

Yours sincerely,

 

Iain Burden

Information Rights Officer

 

 

Information Governance Unit

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

[10][Edinburgh City Council request email]  [11]www.edinburgh.gov.uk

 

 

dangos adrannau a ddyfynnir

References

Visible links
1. mailto:[FOI #773739 email]
2. https://www.edinburghlive.co.uk/news/edi...
3. https://www.edinburgh.gov.uk/breachplann...
4. https://www.edinburgh.gov.uk/downloads/f...
5. https://citydev-portal.edinburgh.gov.uk/...
6. https://www.edinburgh.gov.uk/homepage/10...
7. mailto:[email address]
8. http://www.itspublicknowledge.info/Appeal
9. mailto:[email address]
10. mailto:[Edinburgh City Council request email]
11. http://www.edinburgh.gov.uk/