Minutes of meetings for Peterborough positive BID

Susan Russell made this Freedom of Information request to Peterborough City Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Peterborough City Council.

Susan Russell
Delivered

Dear Peterborough City Council,

I would be most grateful if you could provide copies of the minutes for all meetings relating to, concerning or mentioning the Peterborough Positive Business Improvement District (BID).

Yours faithfully,

Susan Russell

Link to this Report
Freedom of Information Mailbox, Peterborough City Council

FOI/EIR Request - 2209261049
Dear Susan Russell,
I am writing to confirm receipt of your FOI request.  Arrangements have
been made to assign this to the relevant Service Area for a response.
Please quote the above case number in all queries to the FOI Team about
this matter.
Kind regards
FOI TEAM
Information Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Tazeem Akhtar, Access to Information Officer - 01733 207138
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Head of Information Governance/Data Protection Officer on
01733 452387 (non-working day Wed)
Emma Doran, 
Business Support Officer - 01733 453571
Email: [1]f[2][email address] 
To find out more about Peterborough City Council please go
to [3]www.peterborough.gov.uk. 
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Freedom of Information Mailbox, Peterborough City Council

FOI/EIR Request - 2209261049
Dear Susan Russell,
We have been asked to seek a clarification and a time scale from you based
on the following:-

To search for all mentions of the word bid would take this over the 18
hour limit due to it not necessarily being referred to as Peterborough
Positive BID and bid being a common word. 
Can we ask that you clarify if you mean meetings that have been led by
'Peterborough Positive' for example and also could we ask for a
timescale as well. This is to try and keep within the 18 hour FOI limit.

We look forward to receiving your response so we can progress your
request.
Kind regards
FOI TEAM
Information Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Tazeem Akhtar, Access to Information Officer - 01733 207138
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Head of Information Governance/Data Protection Officer on
01733 452387 (non-working day Wed)
Emma Doran, 
Business Support Officer - 01733 453571
Email: [1]f[2][email address] 
To find out more about Peterborough City Council please go
to [3]www.peterborough.gov.uk. 
Please consider the environment before printing this email.

Conditions apply to the confidentiality, copyright, legal liability and
use of this email.For full information relating to the transmission and
use of this email please visit www.peterborough.gov.uk/emaildisclaimer

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Link to this Report
Susan Russell
Delivered

Dear Freedom of Information Mailbox,

No, this would be any meetings led by the Council, perhaps try "Business Improvement District" as a search term and from 2021.

Yours sincerely,

Susan Russell

Link to this Report
Freedom of Information Mailbox, Peterborough City Council

Good morning, 
Thank you for the information.  This has now been logged and
you will receive a response within 20 working days. 
Kind regards
FOI TEAM
Information Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Tazeem Akhtar, Access to Information Officer - 01733 207138
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Head of Information Governance/Data Protection Officer on
01733 452387 (non-working day Wed)
Emma Doran, 
Business Support Officer - 01733 453571
Email: [1]f[2][email address] 
To find out more about Peterborough City Council please go
to [3]www.peterborough.gov.uk. 
Please consider the environment before printing this email.

══════════════════════════════════════════════════════════════════════════

From: Susan Russell <[FOI #901537 email]>
Sent: 06 November 2022 15:00
To: Freedom of Information Mailbox <[Peterborough City Council request email]>
Subject: Re: FOI/EIR Request - 2209261049
 
CAUTION: This email originates outside of Peterborough City Council's
network. Do NOT click on links or open attachments unless you recognise
the sender and know the content is safe. Please report any concerns or
issues to ICT
Dear Freedom of Information Mailbox,

No, this would be any meetings led by the Council, perhaps try "Business
Improvement District" as a search term and from 2021.

Yours sincerely,

Susan Russell

show quoted sections

Link to this Report
Freedom of Information Mailbox, Peterborough City Council

FREEDOM OF INFORMATION REQUEST – FOI 2209261049

   

Dear Susan Russell, 

   

Your request for information, with reference number FOI 2209261049 has now
been considered and the information requested is given below.  

  

Request and Response 

Request

Peterborough Positive Business Improvement District (BID).

Dear Peterborough City Council,
I would be most grateful if you could provide copies of the minutes for
all meetings relating to, concerning or mentioning the Peterborough
Positive Business Improvement District (BID).
Clarification Sought 
To search for all mentions of the word bid would take this over the
18-hour limit due to it not necessarily being referred to as Peterborough
Positive BID and bid being a common word. 
Can we ask that you clarify if you mean meetings that have been led by
'Peterborough Positive' for example and also could we ask for a timescale
as well. This is to try and keep within the 18-hour FOI limit.
Clarification Response
No, this would be any meetings led by the Council, perhaps try "Business
Improvement District" as a search term and from 2021.
Response
 
We are unable to release any information as the minutes for the BID
Steering Group meetings we hold were led by Peterborough Positive and not
Peterborough City Council.  Peterborough Positive and the BID Arrangements
BID Body is a private limited company and not subject to the provisions of
FOI legislation.  They are a separate entity from the council.  
If you require any further information, they can be contacted via the
following email address: 
[email address]  

_________________________________________________________________________________________________________ 
       

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If you have any queries or concerns then please do not hesitate to
contact me.  

   

If you are dissatisfied with the handling of your request please contact
the Information Manager, Peterborough City Council, Sand Martin House,
Bittern Way, Fletton Quays, Peterborough, PE2 8TY; Telephone: 01733
452533, e-mail: [3][Peterborough City Council request email]  

   

You can also complain to the Information Commissioner at:  

  

            The Information Commissioner's Office  

            Wycliffe House, Water lane  

            Wilmslow, Cheshire  

            SK9 5AF                                    

 

Tel: 01625 545700           

[4]http://www.ico.org.uk/  

  

   

Yours faithfully  

   

Tracey Wright  

Information Manager  

Peterborough City Council  

Sand Martin House, Bittern Way  

Fletton Quays  

Peterborough  

PE2 8TY  

   

foi[5]@peterborough.gov.uk  

Telephone 01733 452533 

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5. mailto:[Peterborough City Council request email]

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Susan Russell
Delivered

Dear Peterborough City Council,

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

I am writing to request an internal review of Peterborough City Council's handling of my FOI request 'Minutes of meetings for Peterborough positive BID'.

Part of your response was as follows:

"We are unable to release any information as the minutes for the BID
Steering Group meetings we hold were led by Peterborough Positive and not
Peterborough City Council. Peterborough Positive and the BID Arrangements
BID Body is a private limited company and not subject to the provisions of
FOI legislation. They are a separate entity from the council."

Irrespective of who led the meetings, PCC would have a record of the meetings, the PCC have provided the funding for Peterborough Positive and the topics discussed from publicity material are of public interest concerning safety etc. and the use of an APP for incidents and crimes to be reported.

I would be grateful if the response could be reviewed and to assist it is likely that the PCCs Prevention and Enforcement team may be the appropriate department to contact for information as to knowledge and dealings with the BID.

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

Yours faithfully,

Susan Russell

Link to this Report
Freedom of Information Mailbox, Peterborough City Council

REQUEST FOR INTERNAL REVIEW – FOI 2209261049

 

Dear Susan Russell, 

 

Thank you for your email dated 8^th December 2022 regarding our response
to your Freedom of Information request,  FOI 2209261049

 

A senior manager or legal advisor who was not involved in the original
request will now carry out an internal review. We aim to handle simple
internal reviews in 20 working days, in this case by 11^th January 2023.
We aim to handle internal reviews that involve complex issues that require
further investigation and those that require consideration of the public
interest test, in 40 working days. 

 

If you are dissatisfied with the internal review of our decision, or an
internal review was not available, you can seek an appeal from the
Information Commissioner by writing to: 

 

The Information Commissioner's Office 

            Wycliffe House, Water lane 

            Wilmslow, Cheshire 

            SK9 5AF 

            Tel: 01625 545700 

[1]www.ico.gov.uk 

 

Yours faithfully 

FOI TEAM
Information Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Tazeem Akhtar, Access to Information Officer - 01733 207138
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Head of Information Governance/Data Protection Officer on
01733 452387 (non-working day Wed)
Emma Doran, 
Business Support Officer - 01733 453571
Email: [2]f[3][email address] 
To find out more about Peterborough City Council please go
to [4]www.peterborough.gov.uk. 
Please consider the environment before printing this email.

Conditions apply to the confidentiality, copyright, legal liability and
use of this email.For full information relating to the transmission and
use of this email please visit www.peterborough.gov.uk/emaildisclaimer

References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. mailto:[email address]
3. mailto:[email address]
4. http://www.peterborough.gov.uk/

Link to this Report
Freedom of Information Mailbox, Peterborough City Council

Freedom of Information Act Request FOI 2209261049 Internal Review Response
Dear Susan Russell,

 

You have requested, (your email of 8th December 2022), an internal
review.  Your concern was regarding the minutes of meetings for
Peterborough Positive BID.

 

Requesters concerns

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

I am writing to request an internal review of Peterborough City Council's
handling of my FOI request 'Minutes of meetings for Peterborough positive
BID'.

Part of your response was as follows:

"We are unable to release any information as the minutes for the BID
Steering Group meetings we hold were led by Peterborough Positive and not
Peterborough City Council.  Peterborough Positive and the BID Arrangements
BID Body is a private limited company and not subject to the provisions of
FOI legislation.  They are a separate entity from the council." 

Irrespective of who led the meetings, PCC would have a record of the
meetings, the PCC have provided the funding for Peterborough Positive and
the topics discussed from publicity material are of public interest
concerning safety etc. and the use of an APP for incidents and crimes to
be reported.

I would be grateful if the response could be reviewed and to assist it is
likely that the PCCs Prevention and Enforcement team may be the
appropriate department to contact for information as to knowledge and
dealings with the BID.  

A full history of my FOI request and all correspondence is available on
the Internet at this
address: [1]https://www.whatdotheyknow.com/request/m...
 

I can confirm that the council’s legal department has carried out an
internal review. As part of that review the legal department has seen all
the correspondence relating to your information request and considered the
applicable legislation before providing advice in this matter. 

 

This letter forms the council’s formal response to your request for a
review.  For ease of reference, the details of the initial request for
information and the council’s response are set out below. I will then
confirm the findings of my review. 

 

The initial request 

 

In your email of 26^th September 2022,  you asked for the following
information: 

 

Original Request and Response 

Request

Peterborough Positive Business Improvement District (BID).

Dear Peterborough City Council,
I would be most grateful if you could provide copies of the minutes for
all meetings relating to, concerning or mentioning the Peterborough
Positive Business Improvement District (BID).
Clarification Sought 
To search for all mentions of the word bid would take this over the
18-hour limit due to it not necessarily being referred to as Peterborough
Positive BID and bid being a common word. 
Can we ask that you clarify if you mean meetings that have been led by
'Peterborough Positive' for example and also could we ask for a timescale
as well. This is to try and keep within the 18-hour FOI limit.
Clarification Response
No, this would be any meetings led by the Council, perhaps try "Business
Improvement District" as a search term and from 2021.
Response
 
We are unable to release any information as the minutes for the BID
Steering Group meetings we hold were led by Peterborough Positive and not
Peterborough City Council.  Peterborough Positive and the BID Arrangements
BID Body is a private limited company and not subject to the provisions of
FOI legislation.  They are a separate entity from the council.  
If you require any further information, they can be contacted via the
following email address: 
[email address]

 

Your request for an internal review 

 

Your request for an internal review was on the following criteria: 

             

Irrespective of who led the meetings, PCC would have a record of the
meetings, the PCC have provided the funding for Peterborough Positive and
the topics discussed from publicity material are of public interest
concerning safety etc. and the use of an APP for incidents and crimes to
be reported.

 

Internal review response 

 

Having considered the original request for information, the clarification
provided and the issued response, my internal review response is as
follows.

Peterborough Positive Limited (‘the Company’) is a company limited by
guarantee, independent of the Council. The Company is therefore not
subject to the provisions of the Freedom of Information Act 2000 (FOIA).
Any data the Company provides to the Council is provided under conditions
of confidentiality which means the requested data is exempt from
disclosure under section 41 and section 43(2) of the FOIA.   Further
information relating to these exemptions is shown below:
Section 41 - Information provided in confidence

(1)Information is exempt information if,

(a)it was obtained by the public authority from any other person
(including another public authority), and 

(b)the disclosure of the information to the public (otherwise than under
this Act) by the public authority holding it would constitute a breach of
confidence actionable by that or any other person. 

(2)The duty to confirm or deny does not arise if, or to the extent that,
the confirmation or denial that would have to be given to comply with
section 1(1)(a) would (apart from this Act) constitute an actionable
breach of confidence. 

Section 43 - Commercial interests

Section 43(2) provides

" (2) Information is exempt information if its disclosure under this Act
would, or would be likely to, prejudice the commercial interests of any
person (including the public authority holding it)"

While the Council acknowledges it does hold copies of minutes relating to
the Company dated within 2021, the documentation is exempt from disclosure
by virtue of the two exemptions stated above.  Correspondence provided by
the Company to the Council have been provided in confidence. Permission to
release the requested documentation has not been granted, either in full,
or extracts, or in part by the Company.
The relationship between Peterborough Positive Limited and the Council can
be confirmed by the First Tier Tribunal in the case of Orr v Information
Commissioner & another 2012, whereby it concluded the above exemptions
were correctly used under the circumstances. 
In conclusion, my findings are that I agree with the response provided and
require no further action be taken by the Council.

Please be advised that the Council is currently helping to review the
Peterborough Business Improvement District information page on their
website, to ensure it is fully up-to-date and is informative for our
residents.  We will also be working with Peterborough Positive to
encourage them to place more information onto their own website, so that
information can be readily accessed by the public.  This work will be
commencing in the coming months and will be reviewed on a regular basis. 

What happens now 

 

I trust that this adequately answers your queries, and I now consider this
matter to be concluded.  However, if you are dissatisfied with this
decision you may request the Information Commissioner to investigate.  The
contact details are:- 

 

Information Commissioner’s Office 

Wycliffe House 

Water Lane 

Wilmslow 

Cheshire 

SK9 5AF 

Telephone:  

 

01625 545 700 

 

[2]www.ico.org.uk 

 

Yours sincerely 

 

Howard N Russell

Commercial Lawyer

Legal Services 

Peterborough City Council

Information Governance
Law & Governance
Peterborough City Council
Sand Martin House
Bittern Way
Fletton Quays
Peterborough
PE2 8TY
Contact details:
Kevin Taylor, Access to Information Officer - 01733 452576
Tazeem Akhtar, Access to Information Officer - 01733 207138
Sadaf Abdullah, Access to Records Officer - 01733 864668
Tracey Wright, Information Manager - 01733 452533
Ben Stevenson, Head of Information Governance/Data Protection Officer on
01733 452387 (non-working day Wed)
Emma Doran,  
Business Support Officer - 01733 453571
Email: [3]f[4][email address] 
To find out more about Peterborough City Council please go
to [5]www.peterborough.gov.uk. 
Please consider the environment before printing this email.

Conditions apply to the confidentiality, copyright, legal liability and
use of this email.For full information relating to the transmission and
use of this email please visit www.peterborough.gov.uk/emaildisclaimer

References

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4. mailto:[email address]
5. http://www.peterborough.gov.uk/

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