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Secondary Ticketing and the Consumer Rights Act 2015

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Dear East Ayrshire Council,

I am making this freedom of information request in regards to the recent Consumer Rights Act 2015 fine that you issued to a secondary ticket seller who sold two tickets for the show STILL GAME LIVE: The Final Farewell at The SSE Hydro on Friday 4th October 2019.
The seats were in Section Block 006 Row L Seats 91/92 Face Value £75.00 each

1. How much did these tickets cost East Ayrshire Council’s Trading Standards Service?

2. What was the unit price per ticket on Viagogo?

3. What were the total booking fees for two tickets?

4. What was the total delivery charge?

5. What was the total cost of the two tickets on Viagogo?

6. What date were the tickets purchased on Viagogo?

7. What date was the fine issued?

8. What date was the fine paid?

9. What was the precise amount of the fine imposed?

10. Was the precise amount of the fine paid?

11. Was the amount challenged?

12. How did East Ayrshire Council’s Trading Standards Service come up with a fine amount that would be fair as stated in the light of the recent court judgement by Judge Alison McKenna?

Worldwide Tickets Ltd v North Yorkshire County Council [2019] UKFTT PR_2018_0066 (GRC) (10 April 2019)
https://www.bailii.org/uk/cases/UKFTT/GR...

13. Have East Ayrshire Council’s Trading Standards Service done any test purchases in regards to secondary ticketing on any other secondary ticket websites such as Stubhub, Gigsberg, Twickets, Ticketmaster Resale or Seetickets Resale?

14. Did East Ayrshire Council’s Trading Standards Service do any other test purchases besides the one for the two tickets for Still Game as stated above?

Yours faithfully,

John Jones

Freedom Of Information, East Ayrshire Council

Thank you for contacting East Ayrshire Council.  This is an automated
response to advise you that your email has been received and is now being
dealt with.

 

If you are making a Freedom of Information request, you will receive a
response within 20 working days.

 

If your enquiry concerns any other matter, your email will be passed to
the relevant section for appropriate action to be taken.

Regards,

FOI Team.

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Connell, Marie, East Ayrshire Council

2 Attachments

CLASSIFICATION: OFFICIAL

 

CLASSIFICATION: OFFICIAL

 

Dear John,

 

Request under the Freedom of Information (Scotland) Act 2002

 

I refer to your correspondence dated  requesting information in relation
to secondary ticketing.

 

The Council is treating your request as a request under the Freedom of
Information (Scotland) Act 2002 and can respond as follows:

 

The tickets you reference in your request were not purchased by East
Ayrshire Council and are not those tickets purchased as part of the
investigation which led to the recent fine imposed under the Consumer
Rights Act 2015. 

 

Notwithstanding the above, we are making the assumption that the
information you seek is information on the investigation tickets.  

 

Please note that Section 26 of the Freedom of Information (Scotland) Act
2002 (FOISA) states that information is exempt from disclosure under FOISA
if its disclosure by a Scottish public authority is prohibited by or under
an enactment.  Section 237 (1) and (2) of the Enterprise Act 2002 provides
that specified information relating to the affairs of any business of an
undertaking must not be disclosed while the undertaking continues in
existence.  ‘Specified information’ is defined within the 2002 Act and
includes information which is obtained by a public authority in connection
with the exercise of any functions under (amongst others) Chapter 5 of
Part 3 of the Consumer Rights Act 2015 (Secondary Ticketing).  As such,
any information East Ayrshire Council have obtained during any secondary
ticketing investigations cannot be disclosed under FOISA.

 

Section 26 of FOISA is an ‘absolute exemption’ and no public interest
argument requires to be applied.

 

Given the above, we are unable to answer any of your questions relating to
the price of the tickets, which site these tickets may have been purchased
from or any other test purchases EAC may have conducted (questions 2 -6
and 13 - 14).

 

We are able to provide the following information:

 

7.What date was the fine issued?             10/7/19

 

8.What date was the fine paid?                  5/8/19

 

9.What was the precise amount of the fine imposed?      £1250

 

10.Was the precise amount of the fine paid?       Yes

 

11.Was the amount challenged?               No appeal was lodged

 

12.How did East Ayrshire Council’s Trading Standards Service come up with
a fine amount that would be fair as stated in the light of the recent
court judgement by Judge Alison McKenna?

 

The level of fine was arrived at following consideration of the facts and
circumstances of the case in question, along with representations received
from the seller. The decision was made in cognisance of the rulings made
in the tribunal hearings in respect of Worldwide Tickets Ltd and Others v
North Yorkshire County Council.

 

I trust this information has been of assistance to you and I have attached
a leaflet to confirm your rights.

 

Kind regards,

 

 

Michael Keane

Head of Service

Planning & Economic Development

East Ayrshire Council HQ, London Road, Kilmarnock KA3 7BU

Tel: 01563 57 6767

Email: [1][email address]

 

 

[2]cid:93C513E9-F33B-42DF-9099-5F9376393A54

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