NDR

Response to this request is long overdue. By law, under all circumstances, Powys County Council should have responded by now (details). You can complain by requesting an internal review.

Dear Powys County Council,

Please can you provide me with the following information under the
Freedom Of Information Act 2000:-

The most up to date list you can obtain (Ideally from January 2018) (please provide the date of the data) with;
(a) List all Commercial properties with their Rateable Values and addresses.
(b) The names and addresses of the Rate payers referred to above
for each property and their correspondence address (if different
from the property address)
(c) The full billing authority reference for each property (this is the property reference not the account number)
(d) The current liability payable for the year 2017/18
(e) The date the rateable occupier first became liable for the
business rates
(f) If the property is empty that date it became empty
(g) Please also state which hereditament is currently receiving
I. Charitable rate relief (mandatory rate relief)
II. Discretionary rate relief
III. Empty property rate relief
IV. Listed building exemption
V. Retail Relief
VI Small Business Rate Relief
VII. Any other relief
(h) List of all credits on account and the amounts

In accordance with the ICO Torbay decision, I would appreciate it of this Council did not withhold the names of sole traders and partners. In the circumstances of the Torbay case the individuals were private landlords or sole traders and the Commissioner concluded that disclosure of their names would not breach the first data protection principle as the information relates to the business activities of the individuals concerned and not activities they undertake simply or solely in their private lives. The Commissioner concluded that disclosure would be fair and meet schedule 2 condition 6 of the Data Protection Act.

Thank you in advance.

Yours faithfully,

Richard Scott

Freedom of Information Queries (CSP - Generic), Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0105

Date / Dyddiad:   29/01/18

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0105

 

Dear Mr Scott

 

Thank you for your request for information, received at this office on
29/01/18, in which you requested details of the following:

 

Non Domestic 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 26/02/18.

 

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

 

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

 

Yours sincerely,

 

Information Compliance Team

 

 

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]

Freedom of Information Queries (CSP - Generic), Powys County Council

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      

Email/Llythyru electronig:
[1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0105

Date / Dyddiad:   26/02/2018

 

Reference No: F2018-0105

 

 

Dear Mr Scott

 

Thank you for your request for information dated 29/01/18 concerning NNDR

 

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

 

The Request:

The most up to date list you can obtain (Ideally from January 2018)
(please provide the date of the data) with;

(a) List all Commercial properties with their Rateable Values and
addresses.

(b) The names and addresses of the Rate payers referred to above for each
property and their correspondence address (if different from the property
address)

(c) The full billing authority reference for each property (this is the
property reference not the account number)

(d) The current liability payable for the year 2017/18

(e) The date the rateable occupier first became liable for the business
rates

(f) If the property is empty that date it became empty

(g) Please also state which hereditament is currently receiving I.
Charitable rate relief (mandatory rate relief) II. Discretionary rate
relief III. Empty property rate relief IV. Listed building exemption V.
Retail Relief VI Small Business Rate Relief VII. Any other relief

(h) List of all credits on account and the amounts

 

In accordance with the ICO Torbay decision, I would appreciate it of this
Council did not withhold the names of sole traders and partners. In the
circumstances of the Torbay case the individuals were private landlords or
sole traders and the Commissioner concluded that disclosure of their names
would not breach the first data protection principle as the information
relates to the business activities of the individuals concerned and not
activities they undertake simply or solely in their private lives. The
Commissioner concluded that disclosure would be fair and meet schedule 2
condition 6 of the Data Protection Act.

 

 

The Response:

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 21 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
than 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.

The information you are requesting In a), b), d), e), f), g), and h) is
available from our website at the following URL:

[2]http://www.powys.gov.uk/en/council-tax-b...

In accordance with Section 21 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.

 

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 22 of the Freedom of
Information Act:

Section 22: Information intended for future publication -

(1) Information is exempt information if -

(a) The information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not),

(b) The information was already held with a view to such publication at
the time when the request for information was made, and,

(c) It is reasonable in all the circumstances that the information should
be withheld from disclosure until the date referred to in paragraph (a).

(2) The duty to confirm or deny does not arise if, or to the extent that,
compliance with section 1(1) (a) would involve the disclosure of any
information (whether or not already recorded) which falls within
subsection (1).

The Information you are requesting in c) will be available from our
website at the following URL:

[3]http://www.powys.gov.uk/en/council-tax-b...

from April onwards

In accordance with Section 22 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. Our complaints procedure is available on request or on our
website.

 

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: [5][email address]

[6]www.ico.org.uk

 

 

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]
2. http://www.powys.gov.uk/en/council-tax-b...
3. http://www.powys.gov.uk/en/council-tax-b...
4. http://www.opsi.gov.uk/advice/crown-copy...
5. mailto:[email address]
6. http://www.ico.org.uk/