Correspondence on s.124 of Licensing (Scotland) Act 2005 :FOI release

FOI reference: FOI/18/00994
Date received: 21 March 2018
Date responded: 19 April 2018

Information requested

I would be grateful for copies of any correspondence and minutes of meetings or telephone calls Transport Scotland has had with:

• Aberdeen Airport,
• Edinburgh Airport,
• Glasgow Airport,
• Glasgow Prestwick Airport,
• Inverness Airport,
• Sumburgh Airport,
• Police Scotland,
• Aberdeen City,
• City of Edinburgh Council,
• Renfrewshire Council,
• South Ayrshire Council,
• Highland Council,
• Shetland Islands Council

regarding the operation of 124 of the Licensing (Scotland) Act 2005, in each of the last three years.

I would also like to request copies of any correspondence and minutes of meetings or telephone calls Transport Scotland officials have had with Ministers or their Special Advisors on the operation of 124 of the Licensing (Scotland) Act 2005, in each of the last three years.

Response

I enclose a copy of some of the information you requested within an extract document. We have provided an extract document as it was more appropriate to extract the text within the scope of your request from the relevant documents we hold. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under Section 30(b)(i) free and frank provision of advice of FOISA applies to that information. The reason why this exemption applies is explained below:

An exemption under section s.30(b)(i) of FOISA applies to some of the information you have requested as it involves free and frank advice from officials to Ministers.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as people have a general interest in this legislation. However, this is outweighed by the public interest that Scottish Government officials require a safe space to advise Ministers on the operation of the Licensing (Scotland) Act 2005 without this advice being disclosed.

About FOI

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FOI 18 00994 - extract document - 19 April 2018.pdf

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