Dear Lewes District Council,

Could you please provide copies of the following regarding the Boxing Day 26 Dec2019 Meeting Which starts in High St organised by the Southdown Hunt please.
1/ Copies of Event Notice including application date
2/ Copies of Risk Assessment relating to the event
3/ Copies or confirm liability insurance has been checked and verified by paid receipt.
4/ Copies of Road closure under Ton & Police Act 1847 Section 21 - Confirm application date please. Confirm any cost applied to this Road Closure.

Yours faithfully,

PAG

Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

 

Please contact me again if you require any assistance with your request
and I will do my best to provide the relevant help and advice.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

1 Attachment

Dear  P. A. Gadd,

 

Thank you for your Freedom of Information request dated 28 October 2019 
which has been registered under reference FOI 10119.

 

Could you please provide copies of the following  regarding the Boxing Day
26 Dec2019  Meeting Which starts in High St organised by the Southdown
Hunt please.

1/ Copies of Event Notice including  application date 2/ Copies of Risk
Assessment relating to the event 3/ Copies or confirm liability insurance
has been checked and verified by paid receipt.

4/ Copies of Road closure under Ton & Police Act 1847 Section 21 - Confirm
application date please. Confirm any cost applied to this Road Closure.

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor.  These can be sent to
[1][email address]

 

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [2][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 30 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

 

Regards,

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[3][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]

1 Attachment

Dear Mr. Gadd,

 

Information Request:  FOI 10119

 

Thank you for your information request dated 28 October 2019 received in
our office on the same day.

 

Could you please provide copies of the following  regarding the Boxing Day
26 Dec2019  Meeting Which starts in High St organised by the Southdown
Hunt please.

1/ Copies of Event Notice including  application date

2/ Copies of Risk Assessment relating to the event

3/ Copies or confirm liability insurance has been checked and verified by
paid receipt.

4/ Copies of Road closure under Ton & Police Act 1847 Section 21 - Confirm
application date please. Confirm any cost applied to this Road Closure.

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

The road closure is the only involvement Lewes District Council has with
this event.  We do not issue Event notices or perform risk assessments.
You may wish to contact East Sussex County Council.

 

The road closure order hasn’t yet been issued but the application was
received on 2^nd August 2019.  I have however attached a copy of last
year’s order for your information (the wording hasn’t changed). The
Council does not charge for the closure.

 

For your information -  

 

The powers of LDC  under s.21 of the Town Police Clauses Act 1847, which
is the legislation we quote on all our road closure orders, including
those for street parties is as follows:

 

S.21 merely gives us the ability –

 

(1) to change the route adopted by vehicles, and

 

(2) to prevent obstructions in the street,

 

in both cases to allow public processions, “rejoicings”, and any other
event of mass participation to take place without the risk posed by moving
vehicles or stationary obstructions.

 

The scope of this power was widened slightly by s.28 East Sussex Act 1981,
enabling us to prohibit vehicles from using or stopping in specified
streets during events of that kind.

 

The purpose behind these powers is to protect people attending celebratory
events from being hit by vehicles or from colliding with obstructions of
any kind. That is as far as our statutory responsibility extends.

 

We do not bear a statutory responsibility for the health and safety of the
participants under the Health & Safety at Work Act; nor do we owe them a
duty of care under the Occupiers Liability Act as we are not the
“occupier” of the street subject to the closure order.”

 

The information on street closures is available here:
[1]https://www.lewes-eastbourne.gov.uk/stre...
.

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [2][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[3][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[4]www.lewes.gov.uk. Minicom 01273 484488 Eastbourne Borough Council: 1
Grove Road, Eastbourne BN21 4TW  [5]www.eastbourne.gov.uk. Text Relay
18001 01323 410000

 

 

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References

Visible links
1. https://www.lewes-eastbourne.gov.uk/stre...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.lewes.gov.uk/
5. http://www.eastbourne.gov.uk/