Sale of alcohol at football grounds information: FOI release

Information requested

All information held by the Scottish Government – including emails and notes - involving Neil Gray MSP and/or his officials regarding the sale of alcohol at football grounds from the end of September 2022.

Response

I enclose a copy of most of the information you requested.

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 exemptions under sections 25 (otherwise accessible); 29(1)(a) (formulation of policy); 30(b)(ii) (free and frank exchange of views); 36(1) (confidentiality of communications); and 38(1)(b) (personal information) of FOISA applies to that information.

​​​​​​​An exemption under section 25 of FOISA applies to some of the information you have requested which is already otherwise accessible. Some of the information you have requested is available from the Scottish Government website: Sale of alcohol at football grounds information: FOI release - gov.scot and SPFL correspondence referencing restrictions on the sale of alcohol in football grounds: FOI release - gov.scot. Some of the information you have requested is available on the Stirling University website - Alcohol availability at Scottish Football. Insights from the ‘Football and Alcohol Scoping Study (FASST)’ project. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

​​​​​​​An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation/development of the Scottish Government’s policy.

​​​​​​​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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on policy matters will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

​​​​​​​Exemptions under sections 30(b)(i) of FOISA relates to free and frank advice 30)(b)(ii) of FOISA relates to free and frank exchange of views and release of the information may prevent future open discussions between Scottish Government Officials. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Officials the space for open discussion in the creation of policy.

​​​​​​​An exemption under section 33(1)(b) of FOISA relates to information which we deem commercially sensitive and release of this information may harm an active bidding process for the FIFA Women's World Cup 2035. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in protecting the confidentiality of an ongoing bidding process. Stakeholders need to be able to share confidential information with officials and know that their confidence is being maintained. This in turn can help officials provide clear and robust advice to Ministers. This supports securing mega events for Scotland in the short and longer term, with the range of socio-economic benefits they bring.

​​​​​​​An exemption under section 36(1) of FOISA relates to legal advice sought from the Scottish Government Legal Department from Scottish Government Officials. 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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Officials to request and receive legal advice on policy issues.

An exemption under section 38(1)(b) relates to personal information of people deemed under the grade of a senior civil servant.​​​​​​​

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500479433 - Information Released - Annex

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