Complete Non-Residential / Business Property Rates Data (Q3 2019)

Currently waiting for a response from Powys County Council, they should respond promptly and normally no later than (details).

Dear Powys County Council,

In terms of the Freedom of Information Act of 2000, and subject to section 40(2) on personal data, could you please provide me with a complete and up-to-date list of all business (non-residential) property rates data for your local authority, and including the following fields:

- Billing Authority Property Reference Code (linking the property to the VOA database reference)
- Firm's Trading Name (i.e. property occupant)
- Full Property Address (Number, Street, Postal Code, Town)
- Occupied / Vacant
- Date of Occupation / Vacancy
- Actual annual rates charged (in Pounds)

I am aware that you already publish most of these data at https://en.powys.gov.uk/article/1059/Bus... but you have recently removed the trading name of the ratepayer, and we regularly use that. Could you please update your data online, or provide me with an updated version in reply to this request?

Please provide these data as machine-readable as either a CSV or Microsoft Excel file, capable of re-use, and under terms of the UK Open Government Licence (meaning reuse for any and all purposes, including commercial).

Yours sincerely

Gavin Chait

Information Compliance, Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Acting Director: Resources
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
Information Compliance
 
Tel / Ffôn:  01597 82 7543        
 
Email/Llythyru electronig:
  [1][email address]

  Our ref / Ein cyf:  F2019-1174

Date / Dyddiad:   29/10/19

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2019/1174

 

Dear Mr Chait

 

Thank you for your request for information, received at this office on
28/10/19, in which you requested details of the following:

 

Business Rates    

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 22/11/19.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

We keep your details safe and we have updated our privacy notice in line
with the requirements set out in General Data Protection Regulations.  We
will only ever use the details you share with us to enable us to undertake
our statutory obligations.  You can find out more by looking on our web
site. [2]https://en.powys.gov.uk/privacy

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://en.powys.gov.uk/privacy

Information Compliance, Powys County Council

Rheoli Gwybodaeth/

Information Compliance

Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw gofynnwch am

   

  Tel / Ffôn:  01597 82 7543        

  Email/Llythyru electronig: [1][email address]

Our ref / Ein cyf:  2019-1174F

Date / Dyddiad:   08/11/2019

 

Reference No: F2019-1174

 

 

Dear Mr Chait

 

Thank you for your request for information dated 28/11/2019 concerning
Business Rates

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The Request:

 

In terms of the Freedom of Information Act of 2000, and subject to section
40(2) on personal data, could you please provide me with a complete and
up-to-date list of all business (non-residential) property rates data for
your local authority, and including the following fields:

 

- Billing Authority Property Reference Code (linking the property to the
VOA database reference)

- Firm's Trading Name (i.e. property occupant)

- Full Property Address (Number, Street, Postal Code, Town)

- Occupied / Vacant

- Date of Occupation / Vacancy

- Actual annual rates charged (in Pounds)

 

I am aware that you already publish most of these data at
[2]https://en.powys.gov.uk/article/1059/Bus... but you
have recently removed the trading name of the ratepayer, and we regularly
use that. Could you please update your data online, or provide me with an
updated version in reply to this request?

 

Response

As mentioned in your request, the majority of the data is available on the
following link
[3]https://en.powys.gov.uk/article/1059/Bus..., as such
section 21 of the Freedom of Information Act is engaged.

However, Powys County Council can confirm that the trading name of the
ratepayer was not published on this website. To provide you with the
ratepayers names will require a colleague to scrutinise two sets of data
(Listing Business Premises – 7,200 records, Properties Receiving Relief –
11,800) to confirm if record was that of a sole trader who would pay rates
or of an individual who does not.  Even a conservative figure of 1 second
to confirm that if a record was an individual or a sole trader would take
(1 seconds x 19000 records = 19000 minutes) or 316 hours which is well in
excess of the time allocated for such a request and as such Section 12 of
the Freedom of Information Act is engaged.

 

Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:

(a)  states that fact;

(b)  specifies the exemption in question and

(c)  states (if that would not otherwise be apparent) why the exemption
applies.

In this instance the relevant exemption is Section 12 of the Freedom of
Information Act.

 

Section 21: Information accessible to applicant by other means –

 1. Information which is reasonably accessible to the applicant otherwise
that under Section 1 is exempt information.
 2. For the purposes of subsection (1)

 a. Information may be reasonably accessible to the applicant even
though it is accessible only on payment, and,
 b. Information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any
other person is obliged by or under any enactment to communicate
(otherwise than by making the information available for
inspection) to members of the public on request, whether free of
charge or on payment.

 3. For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2) (b) is not to
be regarded as reasonably accessible to the applicant merely because
the information is available from the public authority itself on
request, unless the information is made available in accordance with
the authority’s publication scheme and any payment required is
specified in, or determined in accordance with, the scheme.

 

Section 12 of the Freedom of Information Act 2000 makes provision for
public authorities to refuse requests for information where the cost of
dealing with them would exceed the appropriate limit, as detailed in the
Freedom of Information (Fees and Appropriate limit) Regulations 2004.

The limit for public authorities is set at £450 which amounts to a maximum
of 18 hours of search and retrieval time charged at £25.00 per person per
hour.

The Regulations set out what may be taken into account when public
authorities are estimating whether the appropriate limit has been
exceeded. The costs are limited to those that an authority reasonably
expects to incur in:

·         determining whether it holds the information requested

·         locating the information or documents containing the information

·         retrieving such information or documents

·         extracting the information from the document containing it
(including editing or reformatting information)

 

 

We are therefore not obliged to provide a response to this part of your
request, as the time required for officers to locate, retrieve and extract
the data from information held would exceed the appropriate limit.

In accordance with Section 12 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.

 

 

 

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

 

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

 

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[4]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. We respectively remind you that complaints into the handling
and outcome of your request should be made within 40 working days to
[5][email address] in line with the Freedom of
Information Act Code of Practice.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [6][email address]

[7]www.ico.org.uk

 

 

 

 

show quoted sections

References

Visible links
1. mailto:[email address]
2. https://en.powys.gov.uk/article/1059/Bus...
3. https://en.powys.gov.uk/article/1059/Bus...
4. http://www.opsi.gov.uk/advice/crown-copy...
5. mailto:[email address]
6. mailto:[email address]
7. http://www.ico.org.uk/

Dear Information Compliance,

I'm afraid that I do not understand your response at all. You state that it would take too much time for you to provide the ratepayer / trading names for each ratepayer. However, we have quarterly data from Powys County Council going back to 2018 which clearly includes the data requested.

I have often had to seek provision of the data from you via FOI requests (cf https://www.whatdotheyknow.com/body/powy...), and Powys often chooses to remove columns that form part of my request, seemingly at random.

What has changed over the last 18 months that make publication of the requested data unreasonable?

Yours sincerely,

Gavin Chait