Business Rates Revenue for Falmer Court Farm, East Street, Falmer, BN1 9PB

The request was partially successful.

Dear Lewes District Council,

On 19th November 2014 planning permission was granted for change of use to an auction house for the premises at Falmer Court Farm, East Street, Falmer, BN1 9PB.

Between August 2015 and November 2019 an auction house operated from those premises.

Please provide the following information:

1. Between August 2015 and December 2015 how much did Lewes District Council receive in business rates on that property for that business.

2. Between January 2016 and December 2016 how much did Lewes District Council receive in business rates on that property for that business.

3. Between January 2017 and December 2017 how much did Lewes District Council receive in business rates on that property for that business.

4. Between January 2018 and December 2018 how much did Lewes District Council receive in business rates on that property for that business.

5. Between January 2019 and November 2019 how much did Lewes District Council receive in business rates on that property for that business.

Yours faithfully,

G Cole

Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

 

Please contact me again if you require any assistance with your request
and I will do my best to provide the relevant help and advice.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

1 Attachment

Dear G Cole,

 

Thank you for your Freedom of Information request dated 28 February 2020
which has been registered under reference FOI 10860.

 

On 19th November 2014 planning permission was granted for change of use to
an auction house for the premises at Falmer Court Farm, East Street,
Falmer, BN1 9PB.

 

Between August 2015 and November 2019 an auction house operated from those
premises.

 

Please provide the following information:

 

1. Between August 2015 and December 2015 how much did Lewes District
Council receive in business rates on that property for that business.

2. Between January 2016 and December 2016 how much did Lewes District
Council receive in business rates on that property for that business.

3. Between January 2017 and December 2017 how much did Lewes District
Council receive in business rates on that property for that business.

4. Between January 2018 and December 2018 how much did Lewes District
Council receive in business rates on that property for that business.

5. Between January 2019 and November 2019 how much did Lewes District
Council receive in business rates on that property for that business.

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor. Proof can be sent
directly to our Freedom of Information email address
[1][email address]

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [2][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 20 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Regards,

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[3][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[4]www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough
Council: 1 Grove Road, Eastbourne BN21 4TW 
[5]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

 

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have received this email in error, please contact the sender using the
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that any attachment to this email is free from computer viruses. You are
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before opening or executing them.

All written communications sent by and to Eastbourne Borough Council are
subject to the Freedom of Information Act 2000. You should therefore be
aware that this email or the information contained in it may be disclosed
without notice to a third party making a request for information about the
subject matter of this email.

 

References

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2. mailto:[email address]
3. mailto:[email address]
4. http://www.lewes-eastbourne.gov.uk/
5. http://www.lewes-eastbourne.gov.uk/

Dear Mr. Cole,

 

Thank you for supplying your proof of identity.

 

I can confirm that your request has now been sent for processing.

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[1][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

show quoted sections

Dear Mr. Cole,

 

Information Request:  FOI 10860

 

Thank you for your information request dated 28 February 2020 received in
our office on the same day.

 

On 19th November 2014 planning permission was granted for change of use to
an auction house for the premises at Falmer Court Farm, East Street,
Falmer, BN1 9PB.

 

Between August 2015 and November 2019 an auction house operated from those
premises.

 

Please provide the following information:

 

1. Between August 2015 and December 2015 how much did Lewes District
Council receive in business rates on that property for that business.

2. Between January 2016 and December 2016 how much did Lewes District
Council receive in business rates on that property for that business.

3. Between January 2017 and December 2017 how much did Lewes District
Council receive in business rates on that property for that business.

4. Between January 2018 and December 2018 how much did Lewes District
Council receive in business rates on that property for that business.

5. Between January 2019 and November 2019 how much did Lewes District
Council receive in business rates on that property for that business.

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

The following are the business rate charges for the financial years -

 

5^th February 2018 to 31^st March 2018      £2,306.78

1^st April 2018 to 31^st March 2019               £13,680.00

1^st April 2019 to 31^st March 2020               £13,993.50

 

Additionally, we only have it rated from 5^th February 2018 so no figures
are available prior to that.

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [1][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[3]www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough
Council: 1 Grove Road, Eastbourne BN21 4TW 
[4]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

 

Save a tree… please do not print this email unless you really need to This
email is confidential and for the exclusive use of the above named
addressee(s) or an authorised agent. If you are not the intended
recipient(s), you are prohibited from copying, distributing,
disseminating, or in any other way using the content of this email. If you
have received this email in error, please contact the sender using the
contact details given above.

All our Network computers operate virus-scanning but we make no guarantee
that any attachment to this email is free from computer viruses. You are
advised to check all attachments using your own virus-scanning software
before opening or executing them.

All written communications sent by and to Eastbourne Borough Council are
subject to the Freedom of Information Act 2000. You should therefore be
aware that this email or the information contained in it may be disclosed
without notice to a third party making a request for information about the
subject matter of this email.

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.lewes-eastbourne.gov.uk/
4. http://www.lewes-eastbourne.gov.uk/

Dear Mr Rance,

Further to your reply of 9th March you stated what the Council's business rate "charges" were for the various financial years between 5th February 2018 to 31st March 2020.

However, to clarify, I did not request information relating to the Council's "charges". My request specifically related to what "payments" Lewes District Council were in receipt of in relation to those charges.

For instance I am aware that the premises were vacated on 15th November 2019 and therefore the Council will not have received any payments in relation to their charges from that date up to 31st March 2020 although those dates were included in your response. There is also no assumption to be made that payments were received by the Council for any dates up to and including 15th November 2019.

In order that I receive the information I requested please respond to the following request:

1. Please state the actual "payments received" by the Council in business rates for those premises for the following dates:
5th February 2018 to 31st March 2018
1st April 2018 to 31st March 2019
1st April 2019 to 15th November 2019

2. Please state what amounts remain outstanding and unpaid in relation to those dates.

3. Why were the premises only rated from 5th February 2018 when the change of use was granted on 19th November 2014 and the business commenced operating in August 2015?

Yours sincerely,

G Cole

Dear Mr. Cole,

 

Information Request:  FOI 10860

 

Thank you for your follow up request dated 10 March 2020 received in our
office on the same day.

 

1. Please state the actual "payments received" by the Council  in business
rates for those premises for the following dates:

       5th February 2018 to 31st March 2018  

       1st April 2018 to 31st March 2019              

       1st April 2019 to 15th November 2019          

 

2. Please state what amounts remain outstanding  and unpaid in relation to
those dates.

 

3. Why were the premises only rated from 5th February 2018 when the change
of use was granted on 19th November 2014 and the business commenced
operating in August 2015?

 

 

Please find below the information the council holds, and which I am
pleased to provide to you.

 

The payments we have received since 05.02.2018 are as follows:

 

x1 payment of £727.73 on 14/05/2019 & x1 payment of £951.26 also on
14/05/2019.

 

Outstanding balance from 05/02/2018 to 15/11/2019 is £21,611.00

 

The Valuation Office Agency make the decisions regarding when a property
is brought into the Valuation List. They may have only made the decision
to bring it into the list from Feb 18 due to regulations that they have to
follow.

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [1][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear foi / Mr Rance

Thankyou for the information you have supplied so far. I would however like to expand my request for further clarification.

The information you have provided has established that the total sum of business rates paid by the tenant of the premises of Falmer Court Farm was £1,678.99 for the entire time he was trading between August 2015 and November 2019, and that he vacated the premises leaving an outstanding balance of £21,611.00. It is also established that all these figures relate only to the period between February 2018 and November 2019.

It is further established that the property was only assigned a valuation by the VOA from 5th February 2018 despite the change of use to an auction house being granted on 19th November 2014 and despite the tenant commencing trading as an auction house in August 2015.

For further clarification regarding this delay please provide the information to the following four questions:

1. When did the tenant in question first register for business rates with Lewes District Council? *

2. When did the tenant first inform the Council he had commenced actual trading from the premises with specific regard to his registration for business rates? *

* (To clarify, with regard to questions 1 and 2, I do not wish to know the date the tenant was first registered by the Council for business rates as that has already been established as being 5th February 2018. I instead wish to know the date the Council was first "informed by the tenant" regarding him registering the business for business rates and the commencement of his trading).

3. Did the tenant register himself for business rates or was his registration a result of the Council discovering by their own investigations that the tenant had started trading?

4. On what date prior to 5th February 2018 did Lewes District Council first notify the VOA that the premises in question required a valuation with respect to the change of use and associated tenancy?

Yours sincerely,

G Cole

Dear Mr. Cole,

 

Re: Information Request: FOI 11025

 

Thank you for your follow up information request dated 29 March 2020
received in our office yesterday.

 

The information you have provided has established that the total sum of
business rates paid by the tenant of the premises of Falmer Court
Farm…………..

 

1. When did the tenant in question first register for business rates with
Lewes District Council? *

2. When did the tenant first inform the Council he had commenced actual
trading from the premises with specific regard to his registration for
business rates? *

* (To clarify, with regard to questions 1 and 2, I do not wish to know the
date the tenant was first registered by the Council for business rates as
that has already been established as being 5th February 2018. I instead
wish to know the date the Council was first "informed by the tenant"
regarding him registering the business for business rates and the
commencement of his trading).

3. Did the tenant register himself for business rates or was his
registration a result of the Council discovering by their own
investigations that the tenant had started trading?

4. On what date prior to 5th February 2018 did Lewes District Council
first notify the VOA that the premises in question required a valuation
with respect to the change of use and associated tenancy?

 

Unfortunately, I require further information in order to identify and
locate the information that you require.

 

Could you please confirm the name of the tenant to whom your questions
relate?

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 30 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice. 

 

Yours sincerely

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[1][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

Visible links
1. mailto:[email address]

Dear Mr Cole,

 

Information Request:  FOI 11025

 

Thank you for your information request dated 29 March 2020 received in our
office on the same day.

 

1. When did the tenant in question first register for business rates with
Lewes District Council? *

 

2. When did the tenant first inform the Council he had commenced actual
trading from the premises with specific regard to his registration for
business rates? *

 

* (To clarify, with regard to questions 1 and 2, I do not wish to know the
date the tenant was first registered by the Council for business rates as
that has already been established as being 5th February 2018. I instead
wish to know the date the Council was first "informed by the tenant"
regarding him registering the business for business rates and the
commencement of his trading).

 

3. Did the tenant register himself for business rates or was his
registration a result of the Council discovering by their own
investigations that the tenant had started trading?

 

4. On what date prior to 5th February 2018 did Lewes District Council
first notify the VOA that the premises in question required a valuation
with respect to the change of use and associated tenancy?

 

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

1.    This was not advised by the tenant this was instigated by our own
investigations

2.    We were not advised by the tenant as this was instigated by our own
investigations

3.    Our investigations established that the auction house had been
trading since at least 20.10.2015

4.    A report was sent to the Valuation office on 03.01.2018 requesting a
Valuation from 20.10.2015, however the Valuation Office only rated the
property from 05.02.2018.

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [1][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Dear foi / Mr Rance

Thankyou for the information you have supplied so far. I would however like to expand my request for further clarification.

It has now been established that the tenant of the premises in question did not notify Lewes District Council they had commenced trading in August 2015 and failed to register for business rates.

It has also been established that the tenant traded for 2 years and 5 months before the Council discovered by their own investigations that the tenant was trading from the premises. As a consequence of the tenant's lack of disclosure Lewes District Council was prevented from notifying the Valuations Office and requesting a valuation for the premises at the appropriate time which should have been in August 2015. The Council did not acquire a valuation until February 2018.

The tenant made a total payment in business rates of just £1678.99 during their entire period of trading between August 2015 and November 2019. This has caused an estimated loss to Lewes District Council of circa £54,250 for the tenant's trading period.

Please provide the information to the following questions:

1. Does Lewes District Council class it as a criminal offence for a business to knowingly fail to register for business rates with the Council with the intention of avoiding paying business rates?

2. Does Lewes District Council class it as Business Rates fraud to knowingly fail to register for business rates with the Council with the intention of avoiding paying business rates?

3. Does Lewes District Council class it as an offence for a business to fail to pay the business rates for which they have been billed by the Council, and to continue trading, accumulating further unpaid debt?

4. Between October 2016 and September 2017 the tenant in question expanded his business operations and ran a storage business renting out storage units to the public. This business operated from the premises directly adjacent and adjoining the tenant's confirmed business premises at Falmer Court Farm. For the purpose of clarification the adjoining premises was the middle barn of the three adjacent barns at Falmer Court Farm. Did the tenant at any time register those adjacent and adjoining premises for business rates with respect to the storage business he commenced operating from?

5. Was the Council ever made aware that the tenant in question had commenced trading from the premises adjoining his own business premises at Falmer Court Farm?

6. With those adjacent and adjoining premises being used as a storage business enterprise and not for any agricultural use should the tenant have registered those premises for business rates?

Yours sincerely,

G Cole

Dear Mr. Cole,

 

Re: Information Request: FOI 11081

 

Thank you for your information request dated 10 April 2020 received in our
office on the same day.

 

Please provide the information to the following questions:

 

1. Does Lewes District Council class it as a criminal offence for a
business to knowingly fail to register for business rates with the Council
with the intention of avoiding paying business rates?

2. Does Lewes District Council class it as Business Rates fraud to
knowingly fail to register for business rates with the Council with the
intention of avoiding paying business rates?

3. Does Lewes District Council class it as an offence for a business to
fail to pay the business rates for which they have been billed by the
Council, and to continue trading,  accumulating further unpaid debt?

4. Between October 2016 and September 2017 the tenant in question expanded
his business operations and ran a storage business renting out storage
units to the public. This business operated from the premises directly
adjacent and adjoining the tenant's confirmed business premises at Falmer
Court Farm. For the purpose of clarification the adjoining premises was
the middle barn of the three adjacent barns at Falmer Court Farm. Did the
tenant at any time register those adjacent and adjoining premises for
business rates with respect to the storage business he commenced operating
from?

5. Was the Council ever made aware that the tenant in question had
commenced trading from the premises adjoining his own business premises at
Falmer Court Farm?

6. With those adjacent and adjoining premises being used as a storage
business enterprise and not for any agricultural use should the tenant
have registered those premises for business rates?

 

Unfortunately, I require further information in order to identify and
locate the information that you require. (Include an explanation of why
this is the case).

 

Can you please confirm that in questions 4,5 & 6 the tenant you are
referring to is the same tenant you referred to in your previous request
(FOI 11025)  - ie:

1. Antique and Collectors Corner Auction Ltd (trading as Falmer Auctions)

2. Falmer Auctions Ltd (trading as Falmer Auctions)

 

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 30 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice. 

 

Yours sincerely

 

 

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[1][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

Visible links
1. mailto:[email address]

Dear foi / Mr Rance

Further to your request for further information sent on 14/4/20 I can confirm that in questions 4,5 & 6 the tenant(s) I am referring to are the same tenants I referred to in my previous request (FOI 11025), those tenants being:
1. Antique and Collectors Corner Auction Ltd (trading as Falmer Auctions)
and/or
2. Falmer Auctions Ltd (trading as Falmer Auctions)

Yours sincerely,
G Cole

Access to Information,

Dear Mr. Cole,

 

Information Request:  FOI 11081

 

Thank you for your information request dated 10 April 2020 received in our
office on the same day and your clarification received on 14 April 2020.

 

Please provide the information to the following questions:

 

1. Does Lewes District Council class it as a criminal offence for a
business to knowingly fail to register for business rates with the Council
with the intention of avoiding paying business rates?

 

2. Does Lewes District Council class it as Business Rates fraud to
knowingly fail to register for business rates with the Council with the
intention of avoiding paying business rates?

 

3. Does Lewes District Council class it as an offence for a business to
fail to pay the business rates for which they have been billed by the
Council, and to continue trading,  accumulating further unpaid debt?

 

4. Between October 2016 and September 2017 the tenant in question expanded
his business operations and ran a storage business renting out storage
units to the public. This business operated from the premises directly
adjacent and adjoining the tenant's confirmed business premises at Falmer
Court Farm. For the purpose of clarification the adjoining premises was
the middle barn of the three adjacent barns at Falmer Court Farm. Did the
tenant at any time register those adjacent and adjoining premises for
business rates with respect to the storage business he commenced operating
from?

 

5. Was the Council ever made aware that the tenant in question had
commenced trading from the premises adjoining his own business premises at
Falmer Court Farm?

 

6. With those adjacent and adjoining premises being used as a storage
business enterprise and not for any agricultural use should the tenant
have registered those premises for business rates?

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

1.    The Valuation Office Agency is responsible for maintaining the
rating list. You would need to check with them if they consider this a
criminal offence

2.    The requirement is on the local authority to identify new
occupations so this is not an offence

3.    Non-payment of business rates by the liable party is an offence. The
authority would seek to get a liability order allowing for further recover
action to be taken. A liability order does not prohibit a business from
trading

4.    As per question 1, the Valuation Office Agency are responsible for
the rating list so this question needs to be addressed to them

5.    No

6.    The Valuation Office Agency are responsible for maintaining the
rating list so this question needs to be addressed to them

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [1][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

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1. mailto:[email address]
2. mailto:[email address]