Agreement between Angus Council and William McDonald T/A WOW Leisure (in compulsory sequestration)

Gordon C Stalker made this Freedom of Information request to Angus Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Gordon C Stalker

Dear Angus Council,
I am writing to you under The Freedom of Information Act to obtain disclosure of all documents relating to an agreement between Angus Council and William McDonald T/A WOW Leisure in compulsory sequestration regarding management of South Links Caravan Park, Montrose. I am also seeking any evidence that Angus Council carried out due diligence on the above William McDonald prior to entering this agreement.

Yours faithfully,

Gordon C. Stalker
28 Newlands Avenue
Aberdeen

Dear Mr Stalker
Thank you for your information request dated 19 July 2016 (received by the Council that same day) which has been passed to the Council's Communities Directorate for attention.
If we are unable to provide you with a response within 20 working days, we will advise you of this in writing.
Please refer to the information set out below which explains your right to complain if you are unhappy with how the Council is dealing with your request.
In the meantime, if you have any queries, please ask for me on 01307 476234 or e-mail [email address]

Yours sincerely
Brenda Angus
_______________________________________________________________________________
Brenda Angus | Clerical Officer | Resources | Legal & Democratic Services | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 | Fax: 01307 476299 | Email: [email address] ; [Angus Council request email]

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Complain to the Council

If you are dissatisfied with the way in which Angus Council has dealt with your request for information under any of the above statutory instruments, you have a right to ask the council to review its actions and/or decisions regarding your request. If you wish to do this, you should make your request to the Head of Legal & Democratic Services, Resources Directorate, Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail [email address] within 40 working days.

Your request must:
• be in writing (or recordable format);
• give your name and address for correspondence;
• give details of the information which you originally requested from the council; and
• give the reasons why you are dissatisfied with the way in which your application for information has been dealt with.

Your application for review will then be considered by the council’s review panel. The review panel will write to you informing you of its decision not later than 20 working days after receipt of your request for a review. The review panel will also provide you with a statement of its reasons for arriving at the decision it has made.

Your Right to Complain to the Scottish Information Commissioner:
If you are dissatisfied with a decision of the council's review panel (or where the review panel has not provided you with a response), you have the right to apply to the Scottish Information Commissioner for a decision as to whether your request for information has been dealt with by the council in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:
• be in a recordable format (letter, e-mail, audio tape etc);
• give your name and address for correspondence.
• give details of the request for information which you originally requested from the council;
• give details of why you were dissatisfied with the council’s response to your original request;
• give details of why you were dissatisfied with the decision of the council's review panel.

In the case of an EIR or FOI request your application to the Scottish Information Commissioner must be made within 6 months of receipt of the decision of the council’s review panel (or within 6 months of the date that the review panel should have responded). No such time limit applies under the 2009 Regulations.

The Scottish Information Commissioner can be contacted at:-

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611; Email - [email address]

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FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted request for information and your telephone call
of this morning.  Please accept my apologies that I will not be able to
issue a response to your request within the statutory deadline of  today’s
date.  I have not yet received information from all relevant services.  As
soon as it becomes available I will contact you again which I would hope
to be in the next few days.

 

Please refer to the information set out below which explains your right to
complain if you are unhappy with how the Council has dealt with your
request. If you have any queries, please contact me on 01307 476246 or
email [1][email address]

 

Yours sincerely

 

Martin Friedrich

 

 

 

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Dear FriedrichM,
As I made my FOI request on 19th July 2016, you have had plenty of time to provide me with the information I seek, which is the "groundbreaking" agreement between Angus Council and WOW Leisure regarding South Links Caravan Park, Montrose and any evidence that Angus Council carried out due diligence before entering into this agreement. I am a former property owner at South Links Caravan Park and believe I am reasonably entitled to this information.
If you do not reply within the next few days I will make a complaint to the Information Commissioner's Office.

Yours sincerely,

Gordon C Stalker

Gordon C Stalker left an annotation ()

It is suspected that Angus Council have not acted properly in this matter and have caused property owners at South Links Caravan Park, Montrose significant personal distress, loss of value of their property and expenses in removing their property elsewhere.

Dear FriedrichM,
I refer to my FOI request of 19th July 2016, which was due on 17th August 2016. Could you please advise if Angus Council intend to reply or not. I simple YES or NO is requested. If Angus Council intend to reply could you please give a firm data for your reply. If you do not intend to reply please advise reasons for not doing so.

Yours sincerely,

Gordon C Stalker B.Sc.

FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted email of today’s date.  I am sorry that we have
still not been able to provide you with a response to your request. 
However, I am unable to issue a response as long as I am not satisfied
that I have been provided with all pertinent information.  This morning I
have contacted the relevant service and reminded them that your request is
overdue.  I will contact you again as soon as I am in a position to issue
a response.  I am sorry that at present I cannot be more specific than
this.

 

As previously advised you are entitled to ask for a review if your request
has not been dealt with timeously.

 

Yours sincerely

 

Martin Friedrich

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

 

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Dear FriedrichM,
I request an internal review as my FOI request has not been dealt with in a timeous manner.

Yours sincerely,

Gordon C Stalker

FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted request for review dated 25 August 2016 which
you have requested on account of a response to your information request of
19 July 2016 not having been responded to by the Council within the
statutory deadline of 17 August 2016.

 

I would refer you to the Appendix to the Council’s acknowledgement of your
request dated 25 July 2016 and in particular the information setting out
your right to complain to the Council. In accordance with this process, I
have passed your complaint to the Head of Legal and Democratic Services
and the Chief Executive, who are the Council's Review Panel for this
purpose. The Review Panel will write to you informing you of its decision
with regard to your complaint by 22 September 2016.

 

Yours sincerely

 

Martin Friedrich

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

 

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LEGDEM, Angus Council

6 Attachments

Dear Mr Stalker

Please find attach response to your Freedom of Information request
together with enclosures and Review Panel decision letter.

Kind regards,

 

Paula Guthrie | Senior Clerical Officer (Management Support)| Resources |
Legal & Democratic Services |Angus Council |Angus House | Orchardbank |
Forfar | DD8 1AN | T: 01307 476280 | F: 01307 476299  |LP‑8 FORFAR
[1]|[email address]  or [2][Angus Council request email] 

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

Visible links
1. mailto:%[email address]
2. mailto:[Angus Council request email]

Dear LEGDEM,
Thank you for your information of 20th October, which does not provide all the information, I require:
1) There is no information on the loan of £275,000 which you granted to WOW Leisure on 23 December 2011. Why was this loan granted and what security was in place failing its repayment?
2) There is no information on your compulsory sequestration of WOW Leisure and why you carried out this action in August 2015. Can you please provide this.
3) You have redacted financial details and checks on Mr McDonald. A phone call to any solicitor in Montrose would have informed you that he was not a suitable person to do business with or given a loan of £275,000. Can you please provide unredacted financial details as these are not excluded by the Freedom of Information (Scotland) Act 2002.
4) You did not reply to my initial enquiry or deal with my subsequent request for an internal review within the required deadlines. I cannot accept your apology and believe you were being obstructive and unhelpful as you have been for the last 12 months to present and former property owners at South Links Park.

Yours sincerely,

Gordon C Stalker

FriedrichM,

Dear Mr Stalker

I refer to your undernoted follow-up letter dated 20 October 2016
(received by the Council that same day) which has been passed to me for
attention. It is my understanding that the Council responded to your
previous request (583/16) and your application for decision is currently
under consideration by the Scottish Information Commissioner.

However, I have accepted Query 1-3 of your email as a new request for
information. 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

If you have any queries, please ask for me on 01307 476246 or email
[1][email address]

Yours sincerely

Martin Friedrich

 

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Dear FriedrichM,
I agree that this is new request. I would like to obtain all information regarding the secret deal referred to in Dundee Courier, 2 September 2015. If there was no secret deal please state so clearly. If there was can I please receive the documents. It is a criminal offence to destroy documents requested under FOI.

"Leisure firm’s claims of secret deals with council over Montrose caravan park"

by Graeme Strachan

September 2 2015, 10.32am
Updated: June 18 2016, 5.00pm

A tangled financial web has emerged as the fall-out from an Angus caravan park legal battle takes a fresh twist.

The South Links park in Montrose was the subject of a landmark private lease deal involving Angus Council and Wow Leisure in 2009.

Director and shareholder Bill McDonald was granted the licence for South Links but administrators are now in control of it after an application was made to the Court of Session.

He said Wow Leisure was approached by Angus Council shortly after signing the lease and he was advised that pharmaceuticals giant GlaxoSmithKline were interested in “substantial investment” within their Montrose plant.

Mr McDonald said: “In anticipation of this investment, Wow Leisure was required to significantly curtail its trading activities.

“Angus Council acknowledged this and agreed to compensate the company for the significant financial impact this inevitably would incur upon the company, and as a partial acknowledgment they agreed to waive the rent due by the company during the period of discussions they had with GSK to finalise the details of the investment.

“Angus Council also provided the company with financial assistance by way of an unsecured loan to the company during this period.

“Subsequently, for reasons that have never been properly explained, GSK did not proceed with the investment, but instead chose another site in England to channel this investment to.”

Mr McDonald said discussions and legal proceedings commenced between the company and Angus Council in an effort to resolve matters.

He said he thought agreement had been reached whereby the sums due to Angus Council “would be re-paid by the company over a reasonable period of time” and in return he would “personally guarantee the sums due to Angus Council to secure repayment”.

He added: “Throughout this period, I personally invested a six-figure sum into the company in an effort to resolve matters.

“Two days before the matter was to be heard at Forfar Sheriff Court, Angus Council applied to the Court of Session to appoint an administrator to the company.

“This course of action was not intimated to either me or my legal team.”

Mr McDonald said he believes he has done “everything possible” to “facilitate and assist” Angus Council to assist with the proposed investment by GSK.

He said: “As a result of their decision to appoint an administrator, I have been advised there will be little, if any, chance of Angus Council recovering sums towards the repayment to them of the companies indebtedness to them.”

An Angus Council spokesman said: “Wow Leisure had not met the conditions of the lease and failed to make payments due the council.

“With no agreement reached in respect of these outstanding sums, Angus Council was left with no alternative but to pursue this present route.

“We understand there are people who reside at the park on a permanent basis and it is the case that the caravan site licence, granted under the Caravan Sites and Control of Development Act 1960, and the lease between the council and Wow Leisure Limited prohibits residential occupation.

“We are not taking any immediate action in relation to the operation of the site. Caravan owners will be notified of the current situation and how it may affect them in due course.”

Yours sincerely,

Gordon C Stalker

FriedrichM,

[Subject only] Automatic reply: FOI Request 827/16: What do they know - Wow Leisure Information

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FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted message (received by the Council on 31 October
2016) and the modification of your request dated 20 October 2016.

 

The Council will respond to you within 20 working days from having
received your modification.

If you have any queries, please ask for me on 01307 476246 or email
[1][email address]

Yours sincerely

Martin Friedrich

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

 

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Dear FriedrichM,
You had a maximum of 20 working days to reply to my request, which has now expired. I draw your attention to point 7. of the decision notice copied below. I do not request an internal review as you have already failed to carry out an internal review within the statutory timescales. I have appealed to the ICO again regarding Angus Council's failure to respond within statutory timescales.

Gordon C Stalker

"Decision Notice
Decision 228/2016: Mr Gordon Stalker and Angus Council

Lease of South Links Caravan Park, Montrose: failure to respond within statutory timescales
Reference No: 201601793
Decision Date: 27 October 2016

Background

Date Action
19 July 2016 Mr Stalker made an information request to the Council.
25 July 2016 Although the Council acknowledged the request and provided updates to Mr Stalker on the status of his request, it did not provide a response.
25 August 2016 Mr Stalker wrote to the Council requiring a review of its failure to respond.
25 August 2016 Again, although Mr Stalker received an acknowledgement, he did not receive a response to his requirement for review.
1 October 2016 Mr Stalker wrote to the Commissioner’s Office, stating that he was dissatisfied with the Council’s failures to respond and applying to the Commissioner for a decision in terms of section 47(1) of FOISA. The enforcement provisions of FOISA apply to the enforcement of the EIRs, subject to specified modifications – see regulation 17.
11 October 2016 The Council was notified in writing that an application had been received from Mr Stalker and was invited to comment on the application.
20 October 2016 The Commissioner received submissions from the Council. These submissions are considered below.

Commissioner’s analysis and findings

1. It is possible from the terms of the request that at least some of the information caught by it will be environmental information as defined by regulation 2(1) of the EIRs. In Decision 218/2007 Professor A D Hawkins and Transport Scotland1, the Commissioner confirmed at paragraph 51 that where environmental information is concerned, there are two separate statutory frameworks for access to that information and, in terms of the legislation, an authority is required to consider the request under both FOISA and EIRs.

1 http://www.itspublicknowledge.info/Appli...

2. Section 10(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the request to comply with a request for information. This is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 5(2)(a) of the EIRs.
3. It is a matter of fact that the Council did not provide a response to Mr Stalker’s request for information within 20 working days, so the Commissioner finds that it failed to comply with section 10(1) of FOISA and regulation 5(2)(a) of the EIRs.
4. Section 21(1) of FOISA gives Scottish public authorities a maximum of 20 working days following the date of receipt of the requirement to comply with a requirement for review. Again, this is subject to qualifications which are not relevant in this case. The same timescale is laid down by regulation 16(4) of the EIRs.
5. It is a matter of fact that the Council did not provide a response to Mr Stalker’s requirement for review within 20 working days, so the Commissioner finds that it failed to comply with section 21(1) of FOISA and regulation 16(4) of the EIRs.
6. The Council explained that the delay was due to difficulties in locating the evaluation paperwork, as the member of staff responsible for the bid evaluation had left the Council.
7. The Council acknowledged that it had failed to respond on time and explained that it had recently implemented changes in personnel dealing with reviews. It confirmed that it was taking immediate steps to deal with late responses, including quarterly reporting to senior management. The Commissioner welcomes the steps being taken.
8. As the Council responded to Mr Stalker’s requirement for review on 20 October 2016, the Commissioner does not require it to take any further action in relation to Mr Stalker’s application.
9. The Commissioner notes that the Council to apologised to Mr Stalker for its failure to comply."
(Note:Mr Stalker does not accept any apology from Angus Council)

"Appeal

Should either Mr Stalker or Angus Council wish to appeal against this decision, they have the right to appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of this decision.

Alison Davies
Deputy Head of Enforcement 27 October 2016"

FriedrichM,

Dear Mr Stalker

Thank you for your follow-up message with regard to your recent request for information. I would advise that following the modification of your request the statutory deadline is Monday, 28 November 2016. I can advise that we are currently in the process of finalising a response which I would hope will go out on time.

Yours sincerely

Martin Friedrich

___________________________________________
Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal & Democratic Services| Angus Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

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Dear FriedrichM,
I submitted my modified request on 31 October 2016, which was a working day. By my calculations you should have provided me with the information I requested by 25 November 2016. A working day is defined as "any day except Sunday or statutory holiday". Saturday is now a working day for many except those employed by public authorities.
I attach a link regarding the devastation Angus Council caused at South Links Park, Montrose. Angus Council seem to think they have got away with this disgraceful behaviour but I will prove different.
http://www.montrosereview.co.uk/news/loc....

Yours sincerely,

Gordon C Stalker

FriedrichM,

[Subject only] Automatic reply: FOI Request 827/16: What do they know - Wow Leisure Information

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1 Attachment

Dear Mr Stalker

 

Request for Information

 

I refer to your request for information dated 20 October 2016 and your
subsequent modification or clarification dated 31 October 2016 received by
the Council that same day (“Request”). 

 

You have requested the following information:

 

I would like to obtain all information regarding the secret deal referred
to in Dundee Courier, 2 September 2015. If there was no secret deal please
state so clearly.

 

We have taken the view that the arrangements referred to in the Dundee
Courier on 2 September 2015 and which is the subject matter of your
Request was a proposed financial arrangement involving the council and WOW
Leisure which was considered by the full Council on 15 December 2011. I
would advise that the council holds no records with regard to any other
deal or arrangement, secret or otherwise between the Council and Wow
Leisure, that may be construed  or inferred from the Courier report. 

 

If there was can I please receive the documents. It is a criminal offence
to destroy documents requested under FOI.

 

The council report considered by Angus Council on 15 December 2011 which I
have referred to above was exempted from publication at that time in
accordance with Paragraphs 6, 8 and 9 of Part 1 Schedule 7A to the Local
Government (Scotland) Act 1973.

 

Following receipt of your Request we have considered whether the terms of
that report may now be released through passage of time.

 

However, we have decided that this information remains exempt from release
in terms of Section 33(1)(b) of the Freedom of Information (Scotland) Act
2002 as it is information the release of which could prejudice
substantially the commercial interest of the council and/or WOW Leisure
(currently In Administration) at this present time. 

 

In coming to a decision with regard to the public interest in this matter
we have taken the following factors into consideration:

 

•          the public interest in transparency and in scrutinising the
actions of public authorities;

•          the age of the information;

•          the degree to which individuals may be affected by
non-disclosure;

•          the wider circumstances which led to the exemption of the
information at the time and which continue to prevail at least in part;

•          the nature of the council’s commercial interest.

 

On balance the council is of the view that the public interest in
disclosing the information is outweighed by the public interest in
withholding the information.

 

I am sorry that I cannot be more helpful to you in this instance. Please
refer to the information set out below which explains your right to
complain if you are unhappy with how the council has dealt with your
request. If you have any queries, please contact Martin Friedrich on 01307
476246 or e-mail [1][email address].

 

Please note that the information contained in this reply is believed to be
accurate as of today's date (unless otherwise indicated) but no warranty
is given. Further, Angus Council does not accept liability for any loss,
injury or damage which arises from the use of the information contained in
this reply either by you or by any other party. Please refer to the
information set out below which explains your right to complain if you are
unhappy with how the council has dealt with your request. If you have any
queries, please contact Martin Friedrich on 01307 476246 or e-mail
[2][email address].

 

Yours sincerely,

 

Sheona Hunter

Head of Legal and Democratic Services

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Complain to the council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [3][email address] within 40 working days.

 

Your request must:

•          be in writing (or recordable format);

•          give your name and address for correspondence;

•          give details of the information which you originally requested
from the council;  and

•          give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Complain to the Scottish Information Commissioner:

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

•          be in a recordable format (letter, e-mail, audio tape etc);

•          give your name and address for correspondence.

•          give details of the request for information which you
originally requested from the council;

•          give details of why you were dissatisfied with the council’s
response to your original request;

•          give details of why you were dissatisfied with the decision of
the council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations.

 

The Scottish Information Commissioner can be contacted at:-

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [4][email address])

 

 

 

___________________________________________

 

Sheona C Hunter | Head of Legal and Democratic Services | Resources |
Legal & Democratic Services |Angus Council |Angus House | Orchardbank |
Forfar | DD8 1AN | T: 01307 476262 | F: 01307 476299  |LP‑8 FORFAR
[5]|[email address] or [6][Angus Council request email]

 

 

 

 

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Dear Sheona,
Many thanks for your reply regarding the deal referred to in the Courier of 2 September 2015. I will appeal your refusal to provide details to the ICO as I believe you have something to hide.
I have not received any reply to my questions 1-3 of 20 October 2016 and as you are out of time I will appeal this to the ICO as well.
There is no point in requesting an internal review as you did not deal with the last one I submitted.

Yours sincerely,

Gordon C Stalker

FriedrichM,

Dear Mr Stalker

 

Thank you for your undernoted message.  In response I would refer you to
Section 73 of the Freedom of Information (Scotland) Act 2002 which defines
 “working day” as any day other than a Saturday, a Sunday, Christmas Day
or a day which, under the Banking and Financial Dealings Act 1971, is a
bank holiday in Scotland, or a day which has been set by Royal
Proclamation.  In formation on Bank holidays for Scotland is available
through the following hyperlink from the [1]Scottish Government website. 
You will see that they do not necessarily correspond with [2]days when the
Council is closed (as for example today).

 

I hope this answers your query.

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

 

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Dear Angus Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Angus Council's handling of my FOI request 'Agreement between Angus Council and William McDonald T/A WOW Leisure (in compulsory sequestration)'.

The information I seek is in your report 113/12 Facilitation of Inward Investment, discussed in private by a majority of 1 at a Council meeting 15 December 2011. It is withheld under Part 1 Schedule 7A of Local Government (Scotland) Act 1973. Paragraphs
6. Information relating to the financial or business affairs of any particular PERSON other than the authority. Neither WOW Leisure nor GSK are persons as they are business entities not persons,
8 and 9. Both these refer to amount of expenditure and terms proposed. I am not interested in financial details so you can redact these from any information provided.
You also claim exemption under Section 33(1)(b) of the FOI (Scotland) Act 2002. As above I am not interested in financial details, which can be redacted.
I do want to understand why you created a floating charge of £275,000 in favour of WOW Leisure on 23 December 2011.
I also object on the grounds that the indivdual(s) refusing this information are deeply implicated in the whole affair (Sheona Hunter, Lisa Rose) and you cannot be judge and jury.
Angus Council are seeking cuts of £40 million over next 3 years but you think you can get away with wasting over £1/4 million of council tax payers funds without being challenged on the matter.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

Gordon C Stalker

FriedrichM,

1 Attachment

Dear Mr Stalker

 

Thank you for your request for review dated 5 December 2016 (received by
the Council that same day) with regard to the Council's decision of 28
November 2016 in respect of your request for information.

 

I would refer you to the Appendix to the Council's decision and in
particular the information setting out your right to complain to the
Council. In accordance with this process, I have passed your complaint to
the Head of Legal and Democratic Services and the Chief Executive, who are
the Council's Review Panel for this purpose. The Review Panel will write
to you informing you of its decision with regard to your complaint not
later than 6 January 2016.

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246

 

 

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McIntoshA,

1 Attachment

Dear Mr Stalker

 

Please find attached response from Margo Williamson, Strategic Director –
Children and Learning to your request for information.

 

Kind regards

 

Alison

 

Alison McIntosh | PA to the Strategic Director - Resources & Strategic
Director – Children and Learning| Angus Council | Angus House |
Orchardbank Business Park | Forfar | DD8 1AX | Tel: 01307 476301 |
[1][email address] | [2]www.angus.gov.uk

 

 

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CHIEFEXEC, Angus Council

2 Attachments

Dear Mr Stalker

 

Please find enclosed a letter from the Chief Executive in response to your
request for information to the Council dated 24 January 2017.

 

Kind regards.

 

Brenda

 

Brenda Keith| PA to Chief Executive & Team Leader – Executive Support |
Angus House | Orchardbank | Forfar | DD8 1AX | 01307 476101 |
[1][email address] or [2][email address]

 

[3]cid:image001.jpg@01CFA5CD.99C95120

 

 

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please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

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2. mailto:[email address]

Gordon C Stalker

Dear CHIEFEXEC,
Many thanks for your reply from Richard Stiff. If only he had bothered to answer my letter about South Links Park, Montrose last year . Now you think we are going to vote for you?

Yours sincerely,

Gordon C Stalker BSc.

Gordon C Stalker left an annotation ()

Gordon,

I know all about William McDonald, 16 Littlewood Gardens, Montrose. I purchased a residential caravan from WOW Leisure Ltd in January 2015 located on South Links Park, Montrose. McDonald is sole director of WOW Leisure Ltd, which was placed in administration by Angus Council in August 2015 as he had not repaid an interest free loan of £275,000 granted by Angus Council. It is a long story but adjacent factory of GSK was looking to expand its site and the only possible land was South Links Park. This uncertainty affected WOW Leisure as its expansion plans were put on hold due to uncertainty and £275,000 was a temporary loan so he could continue trading. Eventually GSK decided not to expand their site at Montrose but McDonald did not repay the loan.

WOW Leisure is still under administration by Begbies Traynor, 7 Queens Gardens, Aberdeen. Contact is Leslie Mason. If your invoice payable by WOW Leisure, I suggest you contact Leslie.Mason@begbies-traynor.com.You can fill in a form adding yourself to list of creditors. I understand the administrators are seeking to recover the value of a Range Rover from McDonald.

If it is McDonald who owes you, I know his Monarch of the Glen caravan site in Montrose is for sale at offers over £995,000. I do not know about a 2 year rule for invoices.

McDonald is known for dubious business dealings just within the law and has left a lot of unhappy customers and suppliers.

Hope this is helpful. Please contact me if you need any further info on McDonald.

Yours sincerely

Gordon C Stalker BSc

Gordon C Stalker left an annotation ()

Gordon C Stalker,

Hello Gordon,
I ran a company called Intermap, and a number of years ago did a job for a Mr William MacDonald of South Links Caravan Park.
It was a fairly extensive topographic survey of the area of land opposite from the caravan park, bounding and including Traill Drive from the bridge at the south end, northwards through the leisure park to the road bounding the Montrose golf course, inland a good distance striking down approximately the centre off the small golf course and as far as to the main road at the bridge. Thea area also included a young forest, plus a heavily duned area.
I delivered the job on time. plus made several ‘emergency trips’ from Dundee to Montrose to provide ‘urgently required’ detail before the agreed finishing time limit. My fee was a very reasonable one, in the region of just in excess of £2000.00.
I made repeated requests for payment, every time being promised by Mr MacDonald that payment was imminent. I tried using letters from credit controllers, but nothing was ever forthcoming.
Eventually I resorted to the law, only to be informed that if payment is not received after two years of the invoice date it is deemed non recoverable.
I was 2 years and a few days over this time limit.
This debt contributed heavily to my having ceased to trade.
I am very aggrieved at this Mr William MacDonald, and wonder if you could give me some idea of his dealings and whereabouts.
Many thanks,

Gordon Sutherland BSc. (Topographic Science)