Thank you for your email. Your request has been passed to the Corporate
Services Team who will review your request and a response will be sent to
you within 20 Working Days.

Please note that this email has been automatically generated and should
not be replied to.

You can review our Freedom of Information Policy here :-
https://www.great-yarmouth.gov.uk/foi

Kind Regards,

Corporate Services.

Dear Mr Roberts

Thank you for submitting your FOI Request. We can confirm we have received details, the reference number is FOI-2122-73.

Best regards

Ria

Ria J. Frosdick
Executive Services Officer
Corporate Services
Legal and Governance
Great Yarmouth Borough Council

       
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Dear Mr Roberts
FREEDOM OF INFORMATION ACT 2000 – INFORMATION REQUEST FOI-2122-73

Your request for information has now been considered and the Council has decided to withhold the information you have requested. In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice. I apologise that this response is late.

You asked:
Please provide a copy of the information that the council was required to submit under The Non-Domestic Rating (Compilation and Alteration of Lists) (England) Regulations 2020 by 15th January 2021

We confirm that we hold this data and have previously published on our Council website information regarding business rated premises as well as supplied this information in response to requests made under The Freedom of Information Act.

The subsequent introduction of further Business Grant Schemes to support businesses in business rated premises has led to a decision to stop the publishing of this information. This is in recognition of the extent to which the Business Rates data requested contributes to the information required in the making of Business Grant applications and the internal processes used to check eligibility.

Taking into account recent government guidance on the administration of Business Grants it is clear that the risk of fraudulent claims being made is high and the council believes that the disclosure of the information requested at this time would lead to an increased risk of fraudulent grant claims being submitted.

We therefore consider that the exemption under Section 31(1)(a) of the Freedom of Information Act 2000 should apply as disclosure of the information requested would or would be likely to prejudice the council's ability to prevent or detect fraudulent attempts to obtain Business Grant support.

In applying this exemption the council has considered whether the exemption is outweighed by the public interest in disclosure. The risk of fraud in relation to Business Grant support is high and we have a role to play in the prevention and detection of it. Taking into account recent government guidance on the administration of Business Grants it is clear that the risk of fraudulent claims being made is high and the council believes that the disclosure of the information requested at this time would lead to an increased risk of fraudulent grant claims being submitted. The risks of crime through fraudulent activity is real and it is the duty of the council in administering the grants to protect both its business rate payers and the Grant funds. It would not be in the public interest to expose the Council, Government or law enforcement agencies with the costs that would arise through a failure to help to prevent or detect fraud. We believe that the public interest in withholding the information outweighs the public interest in disclosure.

There is also the wider issue of risk to empty properties and the use of the exemption under S31(1)(a) was held in the tribunal case quoted below.
Freedom of Information Decisions

Sheffield City Council v The Information Commissioner (EA/2018/0055) – Request for all business property rates data

The appeal concerned a request for information relating to an up to date list of all business property rates data. The Council refused to disclose the requested information, citing section 31(1) (a) of the FOIA The Commissioner’s decision is that the Council has correctly applied section 31(1) (a) of the FOIA

Section 31(1) (a) of FOIA states that:

“Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice - (a) the prevention or detection of crime,”

I apologise that your request will not be met but if you have any further information needs in the future then please contact me.

You have the right of appeal against the decision. If you wish to appeal please set out in writing your grounds of appeal and send it to the Corporate Services Manager at the address above.
If you are unhappy with the decision of the appeal you also have a right of appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF,
Telephone: Telephone: 0303 123 1113
www.ico.org.uk

Yours sincerely

Tina Bunn
Senior Democratic Services Officer
Corporate Services
Legal and Governance
Great Yarmouth Borough Council

Email: [Great Yarmouth Borough Council request email]
www.great-yarmouth.gov.uk
     

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