Letter Template (V3) Revised Sept 2006

Memo

Memo

17/06/09

Dear Mr Platt

Re: Your request for information

Thank you for your e-mail dated 05/05/09. As the information you requested is not personal or environmental it has been processed in accordance with the Freedom of Information Act 2000.

Initially, I would like to take this opportunity to apologise for the delay in responding to your request. This is due to us encountering problems obtaining the information from the relevant department and the necessity of obtaining further clarification. Please be assured we are currently carrying out a thorough review of all our office procedures to minimise the possibility of any future delays. I would also add that in relation to the concerns you stated in your correspondence dated 29/09/06, Nottingham City Council does not “refuse” to give information. The Freedom of Information Act 2000 allows legal exemptions, not refusals. The lateness of this response is the result of difficulty in collating the information you required, and seeking clarification of it in order to provide you with an accurate and detailed response, which unfortunately resulted in a delay.

I have investigated your request and the answers to your questions are as follows. Owing to the fact that this authority is applying an exemption to the four parts of the information that are marked with an asterisk (*), please accept this letter as a refusal notice issued in accordance with section 17 of this Act.

Nottingham City Council has not undertaken advertising on billboards – we use bus shelters and City Information panels (CIPs) for advertising purposes.

* In relation to these four amounts, the information you requested is exempt from disclosure under section 43(2) of this act as we feel releasing the information would prejudice the commercial interests of the companies who provide these services to Nottingham City Council.

In considering how the release of this information may prejudice commercial interests we have taken into account any harm that would likely to be caused to this authority. It has been confirmed to me by the relevant department that the bus shelter adverts, CIP adverts, A-Z directory adverts and Arrow adverts are conducted at a preferential rate specifically for the council. Whilst the council produces these publications internally, it does receive funding from external companies, whose commercial interests need to be considered. Releasing details of the preferential rates given to service providers could result in other service providers attempting to “undercut” the current providers, which could effectively damage their business both financially and for future contracts. This would ultimately affect this local authority negatively, as we could lose a service which is for the benefit of the public.

As we have relied on section 43(2) of this act to exempt information we are also required to carry out a Public Interest Test as defined in section 2 of this act. This is a test of whether the public interest in withholding the information is greater than in releasing it. In this case we feel it is in the best interests of the public that the figures discussed above are not released. As stated, the possibility of losing a service which, in the long run, is beneficial to the people of Nottingham, means that we feel it is appropriate in this case to maintain the exemption and withhold the information.

Most of the information that we provide in response to Freedom of Information Act 2000 requests will be subject to copyright protection. In most cases the copyright will be owned by Nottingham City Council. The copyright in other information may be owned by another person or organisation, as indicated in the information itself.

You are free to use any information supplied for your own use, including for non commercial research purposes. The information may also be used for the purposes of news reporting. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright owner.

For information where the copyright is owned by the Council details of the conditions on re-use can be obtained by contacting the Information Governance Office of Nottingham City Council at The Guildhall, Nottingham, NG1 4BT or by telephoning us on (0115) 9154155. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

If you should have any questions please do not hesitate to contact me on the above number quoting your personal case reference which is IGO/09-5537.

If you are not satisfied with the response provided or any exemptions applied you should write in the first instance to Stephanie Pearson, Information Governance, The Guildhall, Burton Street, Nottingham, NG1 4BT stating the reasons for your dissatisfaction. If you remain dissatisfied after receiving a response to your initial complaint you can request an independent review from the Information Commissioner's Office at FOI/EIR Complaints Resolution, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. You may also contact the Information Commissioner's Office by telephone on 01625 545745 or by email at .

Yours sincerely

Kieran Williams

Information Governance Officer

Information Governance

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