Dear Rother District Council,
I am writing to make an open government request for all the
information to which I am entitled under the Freedom of Information
Please send me recorded information, which includes information
held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.
If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required to advise and
assist requesters.(Section 16 / Regulation 9).
If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act. I
will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information.
If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
Please confirm or deny whether the requested information is held ( section (Section 1(1)(a) and consider whether information should be provided under section 1(1)(b), or whether it is subject to an exemption in Part II of the Act.
If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.
I request that the response be provided to me as
electronic copies, via WDTK.
The information should be immediately readable - and, as a freedom of Information request, not put in a PDF or any closed form, which some readers may not be able to access.
I understand that you are required to respond to my request within
20 working days after you receive my request.
I write with regard to the RDC premises rented out to (what is currently) Tea Beside the Sea. I understand the current tenant has been given short notice to vacate and that a new long term tenant has been found for these premises. For the avoidance of doubt, my questions relate to the time period 2016/2017 tender process. Keeping the premise of publics interest in mind, herewith follows my request;
1. Could you provide me with all recorded (as listed above) information regarding the tender process for the leasing of these premises. This would include all memos, notes and communications with any local councillors. Could you confirm that the process was the same used as previous years that RDC tried to lease out the premises.
2. Could you provide me with the information as to how the tender documents were made available to members of the public.
3. How many tender documents for the premises were received and how many were considered. This should be recorded.
4. What was the start and end date of the marketing of the premises, and how were they marketed?
5. Could you confirm that there was a £100,000 grant to assist in the renovation of the premises and could you provide me with the information as to how this was relayed to the public and prospective leaseholders within the marketing of the premises.
6. How was the decision made to choose the new leaseholder - please provide all minutes notes and memos . Who is the new leaseholder. While I do not require a name, I would like to know what kind of tenant will be leasing these premises. For example, - is it a restaurant?
I look forward to your response.
Dear Mrs Purkis
FREEDOM OF INFORMATION ACT 2000
Thank you for your request received on 19 October 2017 relating to information about Tea Beside the Sea café. We aim to respond to your request for information within 20 working days, in accordance with the requirements of the Freedom of Information Act.
Freedom of Information Manager
Rother District Council
Bexhill on Sea TN39 3JX
T: 01424 787000
E: [Rother District Council request email]
Dear Ms Purkis,
On 19 October 2017 you asked:
1. Could you provide me with all recorded (as listed above)
information regarding the tender process for the leasing of these
premises. This would include all memos, notes and communications with any
local councillors. Could you confirm that the process was the same used
as previous years that RDC tried to lease out the premises.
We can confirm that this year agents were appointed to offer the premises
on the market. In addition, officers contacted previously interested
parties who were known to us and their details passed to the agent to
Email and briefing paper to councillors
Follow up email & notes of meeting
Instruction to agents
2. Could you provide me with the information as to how the tender
documents were made available to members of the public.
Dyer and Hobbis were instructed to market the premises. Interested
parties were invited to set out their proposals including rent and details
of their proposed business plan. The proposals received were circulated
to a panel of Members and officers who met on 11^th September to shortlist
those to be invited to a meeting to discuss their proposals in further
detail, following which a recommendation was made to Cabinet.
Attach: Dyer & Hobbis letting details & brochure
3. How many tender documents for the premises were received and how
many were considered. This should be recorded.
Four proposals were received and circulated to Members. Two proposers
were invited to a meeting with the panel on 11^th September to discuss
4. What was the start and end date of the marketing of the premises,
and how were they marketed?
Instructions were issued to agents on 6^th July 2017 and marketing closed
on 6^th September. The premises were advertised on the Council’s
website and through Messrs Dyer & Hobbis’ website, RightMove and through
the Estate Agents clearing house, as well as direct email to potentially
5. Could you confirm that there was a £100,000 grant to assist in the
renovation of the premises and could you provide me with the information
as to how this was relayed to the public and prospective leaseholders
within the marketing of the premises.
There was no reference made to a capital contribution in any of the
marketing material and this was not offered to any of the proposers during
the marketing period. The preferred operator identified a capital
shortfall as part of their presentation on budget, and it was therefore
the recommendation of the Panel that this be met through the Council’s own
capital for the reasons set out in the report of 2^nd October
(http://www.rother.gov.uk/article/12920/M... ) and in
the light of a previous Cabinet resolution from July 2016
6. How was the decision made to choose the new leaseholder - please
provide all minutes notes and memos. Who is the new leaseholder. While I
do not require a name, I would like to know what kind of tenant will be
leasing these premises. For example, - is it a restaurant?
See responses to Qs.2 & 3 above. The panel agreed a preferred party to
recommend to Cabinet at the meeting on 11th September. We cannot provide
details of the proposed leaseholder at the present time.
If you are dissatisfied with the handling of the request please contact
us within 60 days if you wish to request an internal review.
If you are still dissatisfied with the outcome of the internal review you
have the right to make a complaint to the Information Commissioner. Their
Information Commissioner’s Office
Cheshire SK9 5AF
Tel. 01625 545700
Please note that the information provided by Rother District Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a license to re-use it, under the Re-Use of Public Sector Information
Service Manager Community and Economy
Rother District Council
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6. Rother District Council
Dear Rother District Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Rother District Council's handling of my FOI request 'Tea Beside the Sea'.
The Freedom of Information Act requires you to give reasons why you are unwilling to provide me with my requested information.
See question 6 below, where you have merely stated you are unable to provide me with the details I requested as to the nature of the leaseholder.
Please could you either provide me with the details I requested, or give a legal reason as to why you are unable to answer question 6.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...
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