Number of complaints made

Mike Lindsay made this Freedom of Information request to Angus Licensing Board

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Angus Licensing Board.

Dear Angus Licensing Board,

Under the terms of the Freedom of Information Act, I request answers to the following, for the purposes of this request: information required should be provided for the following time perameters;

01/01/2006 - 01/08/2016
AND
01/08/2016 - Present

separately and clearly defined.

1. The number of received complaints, observations, discussions and any other contact had with Angus Council in respect of licensed premises: Victoria and Albert Bar, Montrose Street Brechin DD97DZ.

2. Of which question one (1.) relates to by catagory; the numbers, in terms of complainant, observer or initiator of contact:
A. Member of public.
B. Person holding a personal license.
C. Person of community standing, I.E councillor, local authority worker, religious minister, community group or other interested party.
D. A Police Officer, representative, agent or branch of the local constabulary (Police Scotland).
E. A known staff member, owner or anyone with a vested interest in licensed premises within Angus on record (including Generally Authorised - as termed by the Licensing Scotland Act - persons who's records are held with Angus Council, if any).

3. The nature of received complaints, observations, discussions and any other contact had with Angus Council in relation to question one (1.).

4. In respect of question three (3.) all actions taken by Angus Council, its employees, representatives and it's Agents, detailed by complaint, observation, discussion and reason of contact.

Yours faithfully,

Mr Michael I Lindsay
Premises Manger
204 Montrose Street, Brechin, DD97DZ

FriedrichM,

Dear Mr Lindsay

Thank you for your information request dated 23 January 2017 which is
being dealt with by Angus Council on behalf of Angus Licensing Board.  In
terms of Section 15 of the Freedom of Information (Scotland) Act 2002
(help and advice to the applicant) I would advise that Angus Licensing
Board do not employ their own staff and it is Council staff that process
business on behalf of the Board.  For this reason I would be grateful if
you would review and modify your request so that we can provide you with
information which is relevant to you.

With regard to your queries (2.(B.), (C.) and (E.)) I should explain that
we do not categorise complainants in the manner your request seems to
presume.  Again, you may want to modify your request.

Once we have received clarification from you we will respond within the
statutory deadline of your request.

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

If you have any queries, please ask for me on 01307 476246 or email
[1][email address]

Yours sincerely

Martin Friedrich

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate - Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | LP8 Forfar |Tel: 01307 476246 |Email:
[2][email address]

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Complain to the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [3][email address] within 40 working days.

 

Your request must:

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Complain to the Scottish Information Commissioner:

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations.

 

The Scottish Information Commissioner can be contacted at:-

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [4][email address])

 

 

 

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Dear Martin Friedrich,

Thank you for your timely response.

Please respond to the request as you can. If the authority doesn't catagorise information in the ways requested, then a response of "details not categorised" would be sufficient, likewise if the information is not available "information not held" would also be satisfactory.

Yours sincerely,

Mike Lindsay

FriedrichM,

Dear Mr Lindsay

 

Request for Information

 

Thank you for your request for information dated 23 January 2017 (received
by the Council that same day) which has been passed to me for attention. 

 

You have requested the following information:

 

… information required should be provided for the following time
perameters;

 

01/01/2006 - 01/08/2016

AND

01/08/2016 - Present

 

separately and clearly defined.

 

1.    The number of received complaints, observations, discussions and any
other contact had with Angus Council in respect of licensed premises:
Victoria and Albert Bar, Montrose Street Brechin DD97DZ.

 

2.    Of which question one (1.) relates to by catagory; the numbers, in
terms of complainant, observer or initiator of contact:

A.   Member of public.

B.    Person holding a personal license.

C.   Person of community standing, I.E councillor, local authority worker,
religious minister, community group or other interested party.

D.   A Police Officer, representative, agent or branch of the local
constabulary (Police Scotland).

E.    A known staff member, owner or anyone with a vested interest in
licensed premises within Angus on record (including Generally Authorised -
as termed by the Licensing Scotland Act - persons who's records are held
with Angus Council, if any).

 

3.    The nature of received complaints, observations, discussions and any
other contact had with Angus Council in relation to question one (1.).

 

4.    In respect of question three (3.) all actions taken by Angus
Council, its employees, representatives and it's Agents, detailed by
complaint, observation, discussion and reason of contact.

 

You subsequently explained this as follows:

 

Please respond to the request as you can. If the authority doesn't
catagorise information in the ways requested, then a response of "details
not categorised" would be sufficient, likewise if the information is not
available "information not held" would also be satisfactory.

 

While drafting a response to your request I concluded that at the moment
this is not a valid request in terms of Section 8 of the Freedom of
Information (Scotland) Act 2002.  That provision requires that the
requester describes the information that is requested.  It would help if
you could narrow down your request both in scope and the period covered
and by describing in detail what information you wish to obtain. 
Currently “contact” would include anything from general enquiries to
complaints, e.g. contacts about noise, food hygiene, domestic rates,
planning, historical or building issues, waste (littering), complaints by
the licensee etc.

 

In terms of Section 15 of the Act and in order to be more helpful to you I
would advise that not all complaints and observations are recorded in the
way your request seems to presume, e.g. stage 1 complaints are usually
informally dealt with.  Likewise discussions will only be recorded
(minuted or as an aide memoir) if they take place as part of a formal
meeting.  Furthermore, information concerning the initiator of a contact
is not generally recorded but may depend on the circumstances in each
case, e.g. there may be some telephone contact first which is not recorded
(unless it is a call to the Council’s ACCESSLine) followed up by written
correspondence.

 

Having said that, ACCESSLine have carried out a search for contacts made
by members of the public regarding “Victoria and Albert Bar, Montrose
Street, Brechin” but we have not been able to identify any such contact.

 

Finally, I have discussed your request with the Council’s Licensing
Section.  As you are aware the officers of that section are in contact
with licensees on a regular basis (either upon request of licensees or in
order to carry out duties in the context of licensing) and as such these
officers may contact licensee(s) on a variety of issues by providing
advice and assistance of which you or the lease holder will usually be
aware already.

 

I am sorry that at present I am unable to assist you further.  However, if
you could describe in more detail the information you are looking for we
may be able to carry out a more targeted search of our files and provide
you with information which is relevant to you.

 

I look forward to hearing from you.  Please refer to the information set
out below which explains your right to complain if you are unhappy with
how the Council has dealt with your request. If you have any queries,
please contact me on 01307 476246 or e-mail [1][email address]

 

Yours sincerely,

 

Martin Friedrich

 

 

________________________________________________________

Martin Friedrich | Paralegal-FOI | Resources Directorate – Legal &
Democratic Services| Angus Council |Angus House | Orchardbank Business
Park | Forfar | DD8 1AN | Tel: 01307 476246 |Email:
[2][email address]

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Complain to the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [email address] within 40 working days.

 

Your request must:

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Complain to the Scottish Information Commissioner:

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations.

 

The Scottish Information Commissioner can be contacted at:-

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [email address])

 

 

 

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