Selection criteria for Market Traders relocating to the Argos Market Birkenhead
Subject: Freedom of Information Request
Dear Wirral Metropolitan Borough Council,
I am writing to request all documents related to the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market Birkenhead. This should include, but not be limited to, Market Trader selection criteria discussion documents and calculations created by and between Mr R Langer, the Market Manager, and Raymond Lynch of Market Curators.
Thank you for your attention to this matter..
Yours faithfully,
Erebus Smith
Dear Wirral Metropolitan Borough Council,
Hello everyone in the Information Management Team, I hope you’re all doing well.
Please forward this message to the individual responsible for conducting Freedom of Information reviews.
I am extremely disappointed that the Information Request “Selection criteria for Market Traders relocating to the Argos Market Birkenhead' has not yielded the requested information within the maximum 20 working days as prescribed by the FOI Act. Please initiate an internal review.
Furthermore, I request that you forward this email chain to the Council’s complaints department, and indicate that I am lodging a complaint regarding the Regeneration Directorate's consistent late responses to FOI requests. I would also like to receive a complaint reference number, please.
Kindest regards
Erebus Smith
AKA Alan Featherstone
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Dear Mr Featherstone
REF: IR FOI - 1689170
Wirral Council acknowledges your request for an internal review and this
has been passed to the appropriate service, please do accept our profound
apologies for this delay to your original request we aim to respond as
soon as we are able.
In regards to:' Furthermore, I request that you forward this email chain
to the Council’s complaints department, and indicate that I am lodging a
complaint regarding the Regeneration Directorate's consistent late
responses to FOI requests. I would also like to receive a complaint
reference number, please.'
The following email chains with your complaint have been forwarded to
Wirral Council Corporate Complaints section and you should here directly
from this service on this matter.
[1]https://www.whatdotheyknow.com/request/s...
[2]https://www.whatdotheyknow.com/request/a...
We trust this is satisfactory.
Yours sincerely
Tracy O'Hare
Information Management Technical Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[3][Wirral Borough Council request email]
Visit our website: [4]www.wirral.gov.uk
This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge
Dear Mr Featherstone,
Thank you for your FOI enquiry, we apologise for the delay in responding
to you.
The service has confirmed that presently the Council does not hold the
selection criteria used to determine the amount of rentable stall area
Market Traders would require in the proposed Argos Market Birkenhead.
Your complaint will be dealt with separately under the Council’s corporate
complaints process but as previously advised, the WDTK platform is
specifically for FOIs and is not a suitable forum for complaints. We
would draw your attention to the website’s house rules -
[1]https://www.whatdotheyknow.com/help/hous...
If you are dissatisfied with the Council’s handling of this enquiry you
have the right to complain to the Information Commissioner’s Office at
[2]www.ico.org.uk
Yours sincerely
Lynette Paterson
Principal Information Management Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email: [3][Wirral Borough Council request email]
Visit our website: [4]www.wirral.gov.uk
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
References
Visible links
1. https://www.whatdotheyknow.com/help/hous...
2. http://www.ico.org.uk/
3. mailto:[Wirral Borough Council request email]
4. http://www.wirral.gov.uk/
Hi Lynette, how ya doing today?
Please pass this on to the person who conducted the Freedom of Information review and whoever is responsible for the latest reply to this request. I apologise if this email seems a little terse in places, I mean no disrespect to anyone in the Information Team.
Y’know when I originally made this request for “all documents related to the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market”
I assumed I’d receive the spreadsheet Raymond Lynch of Market Curators and Mr Robert Langer the Market Manager had created and consulted over when working out the amount of stall area each individual trader would need… For example I expected to see something like.. Big Flower Shop presently rents 70 square meters / Big Flower Shop will presently get 10 square meters in Argos.
I also assumed I’d receive justifications for why stalls were being reduced so dramatically. Pretty simple stuff, I thought. Didn’t assume, made an ass of me?
And so here I am, back again!
The Council’s response states “The service has confirmed that presently the Council does not hold the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market Birkenhead”.
1: Please explain what “the service” is. Is it the Director of Asset Management Mr Marcus Shaw or the Market Manager, Mr Robert Langer? What is the position held by the person or persons responsible for “the service” and the accuracy of the response given?
2: Please ask “the service” to explain what they mean when stating .. “presently the Council does not hold the selection criteria used to determine the amount of rentable stall area Market Traders”.
Either the Council do hold the requested information OR the Council do not hold the requested information.
Adding the words “presently” and “the service” makes the whole response ambiguous. For example… I am presently awaiting a response that presently complies with the Freedom of Information Act presently in existence.
3: The Council’s response states “The service has confirmed that presently the Council does not hold the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market Birkenhead”
I requested “ALL DOCUMENTS related to the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market”. Where are ALL DOCUMENTS?
4: I’m finding it very difficult to believe “the service” are being entirely factual in his answer when stating presently or otherwise, “ the Council does not hold the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market”
There are at least two reports submitted to the Economy Regeneration and Housing Committee that refer to the requirements of traders …
A: https://democracy.wirral.gov.uk/document...
Page 83 4.5 “ The existing unit (Argos) provides sufficient space to meet the majority of the brief requirements although the number of stalls is slightly reduced”
B: https://democracy.wirral.gov.uk/document...
“Having analysed the letting schedule and consulted with market management, we are of the opinion that only 5,000 sq. ft of lettable space will be required within the new facility to house traders fulfilling acceptance criteria”.
Were these reports inaccurate? Where is the brief? Where are the documents that helped inform the brief? why haven’t they been sent to me as requested? Or perhaps the Reports are wrong? And elected Members? Maybe we’re misled?
I wonder if the Information Team could remind “the service” that the Freedom of Information Act is an act of law and they as Council Officers are statutorily bound by it.
6: Looking at the bright side, I’ve received some nice encouragement and assistance with this FOI. One person pointed out that my FOI refers to the environment in which I may run my future business and therefore it’s an EIR Environmental Information Request.
As such and to remind “the service” what I requested I will repeat my original request as an EIR “I am writing to request all documents related to the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market Birkenhead. This should include, but not be limited to, Market Trader selection criteria discussion documents and calculations created by and between Mr R Langer, the Market Manager, and Raymond Lynch of Market Curators”.
And finally, Please forward this email to everyone concerned including Christie in Corprate Complaints and ask her to either add this to the existing complaint Ref: CFS-7898357, or alternatively, create a new complaint and send me a new number.
Market Traders would require
I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Selection criteria for Market Traders relocating to the Argos Market Birkenhead'.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Erebus Smith AKA Alan Featherstone
Dear Alan Featherstone
REF: IR FOI - 1689170
Your request for an internal review of the Council’s original response has
been considered. We have focused upon the questions posed and can respond
as follows:
1: Please explain what “the service” is. Is it the Director of Asset
Management Mr Marcus Shaw or the Market Manager, Mr Robert Langer? What is
the position held by the person or persons responsible for “the service”
and the accuracy of the response given?
IR Response: Wirral Council can confirm the service is the Regeneration
and Place Directorate. The Director of Regeneration & Place has ultimate
responsibility for the Directorate’s functions. Marcus Shaw is the
Assistant Director reporting to the Director of Regeneration & Place and
Robert Langer is the Market Manager, reporting to the Assistant Director.
2. Either the Council do hold the requested information OR the Council do
not hold the requested information.
IR Response: Wirral Council can confirm it does not hold the information
requested.
3. Where are ALL DOCUMENTS?
IR Response: n/a. Please refer to q2 above
4. I wonder if the Information Team could remind “the service” that the
Freedom of Information Act is an act of law and they as Council Officers
are statutorily bound by it.
IR Response: This is not a request for access to recorded information.
6. I am writing to request all documents related to the selection
criteria…
IR Response: We uphold our original response and confirm no information is
held.
If you are unhappy with the outcome of this internal review, you have the
right to complain to the Information Commissioner’s Office, contact
details can be found at [1]https://ico.org.uk/global/contact-us/
Yours sincerely
Tracy O'Hare
Information Management Technical Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
References
Visible links
1. https://ico.org.uk/global/contact-us/
2. mailto:[Wirral Borough Council request email]
3. http://www.wirral.gov.uk/
Hi Tracey,
I’m a little surprised that Mr Langer the market manager doesn’t hold any of the selection criteria information I requested, after all, Mr Linch did state….. “Having analysed the letting schedule and consulted with market management, we are of the opinion that only 5,000 sq. ft of lettable space will be required within the new facility to house traders fulfilling acceptance criteria.”
HAVING - “CONSULTED WITH THE MARKET MANAGEMENT, WE ARE OF THE OPINION”
So, Mr Langer shared approximately 30 letting schedules with Mr Linch, they analysed these schedules as part of their consultations, checked how much rentable space each individual trader was currently using, calculated how much less rentable space each individual trader could survive on in Argos, and they both reached the conclusion that the lettable area could be reduced by a massive 60%… And yet, there are no calculations, no records and no spreadsheets to illustrate how Mr Langer and Mr Linch reached their controversial conclusion.
Mr Shaw recently stated “It’s important that this (Argos Market) is an evidence based decision”
Can you ask Marcus Shaw to confirm who holds the requested information and if he’s seen it.
Cheers
Erebus Smith AKA Alan Featherstone
Erebus Smith AKA Alan Featherstone left an annotation ()
ICO response 22 August 2024.
Your complaint is now eligible for investigation. We will allocate it to a case officer as soon as we can. The focus of their investigation will be to determine whether the public authority handled your request in accordance with the legislation.
Dear Mr Featherstone
Please accept our apologies for the delay in responding to your email of
15 August 2024.
We note that you have made a complaint to the Information Commissioner’s
Office, challenging the findings of the internal review undertaken on 12
August 2024 in which we confirmed that there is no recorded information in
relation to “ the selection criteria used to determine the amount of
rentable stall area Market Traders would require in the proposed Argos
Market Birkenhead.”
Your request was specifically focused upon stall sizes and following
extensive enquiries within the service and with primary officers involved,
I am satisfied that the responses provided are correct. There is no
documentation relating to the ‘amount of rentable stall area’. General
design discussions for the market are still ongoing but the specific issue
of rentable stall area has not featured in those discussions, as stalls
are standard industry size.
There is currently nothing further to disclose to you in this matter.
I have sent a copy of this response has been sent to the ICO for their
records.
Yours sincerely
Lynette Paterson
Principal Information Governance Officer
Law and Corporate Services
Wirral Council
Visit our website: [1]www.wirral.gov.uk
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
References
Visible links
1. http://www.wirral.gov.uk/
Dear InfoMgr, FinDMT,
I believe the Head of Legal Services & Monitoring Officer, is now overseeing the Information Team’s performance and I would appreciate her oversight in this matter.
ORIGINAL REQUEST..
I am writing to request all documents related to the selection criteria used to determine the amount of rentable stall area Market Traders would require in the proposed Argos Market Birkenhead. This should include, but not be limited to, Market Trader selection criteria discussion documents and calculations created by and between Mr R Langer, the Market Manager, and Raymond Lynch of Market Curators.
THE COUNCIL CLAIM.. “Your request was specifically focused upon stall sizes”-“ There is no documentation relating to the ‘amount of rentable stall area’.
The Site Options Appraisal Report submitted by Raymond Linch to the Regeneration Committee meeting 27 March states…
Page 17 “Having analysed the letting schedule and consulted with market management, we are of the opinion that only 5,000 sq. ft of lettable space will be required within the new facility to house traders fulfilling acceptance criteria”.
Page 43 “ The size of the site matches the anticipated space requirement for a new market hall”
https://democracy.wirral.gov.uk/document..
...
The Birkenhead Market Feasibility Report submitted to the Regeneration Committee meeting 27 March states..
Page 83 4.5 “ The existing unit (Argos) provides sufficient space to meet the majority of the brief requirements although the number of stalls is slightly reduced”
https://democracy.wirral.gov.uk/document
I believe the Regeneration Directorate is overly dissecting and purposely misinterpreting this information request in an attempt to withhold potentially damaging information and calculations. For instance, it is difficult to understand how Mr. Linch and Mr. Langer could consult over thirty letting schedules, inspect 70 stalls, assess the trading area required for each individual retailer, and then calculate the total area needed for all 70 stalls. Despite these extensive evaluations, they concluded that the total rentable stall area could be reduced by an astonishing 60%. However, the Council claims that there are no calculations or documents to support this conclusion. How can anyone trust the accuracy of these calculations? Didn’t their math teachers teach them to show their work, or they risk being accused of guessing or, worse, cheating?
Additionally, where is the brief? Where are the documents that informed the brief, as mentioned in the Birkenhead Market Feasibility Report? Why haven't these been provided as requested?
Please forward this complaint to the Information Commissioner’s Office so that they may determine the next course of action.
Yours sincerely,
Erebus Smith AKA Alan Featherstone
Dear Mr Featherstone
Your comments are noted, we will await further contact from the Information Commissioner's Office in this matter.
Yours sincerely
Lynette Paterson
Principal Information Governance Officer
Law and Corporate Services
Wirral Council
Visit our website: http://www.wirral.gov.uk/
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Erebus Smith AKA Alan Featherstone left an annotation ()
Complaint sent to IOC