LA Return
Request
Under the Freedom of Information Act, I would like to request the following information:
a) Names of Local Authorities who have not submitted a LA Return (from which you produce your annual 'Licensing Authority Statistics'); for the following 3 years:
b) 2019-20, 2021-21 and 2022-23.
Please note that I do not require this data for 2021-22 as you have already published that data.
I would like you to provide this information in the following format: Excel file which includes three separate tabs i.e. one tab for each list relating to each relevant year.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
Names of Local Authorities who have not submitted a LA Return (from which you produce your annual 'Licensing Authority Statistics'); for the following 3 years:
2019-20
2021-21
2022-23
A link to the 2022-23 LA Returns publication can be found below; this also contains historic data.
This file it can be filtered on the relevant year and any LA who has not supplied a submission can be identified by '-' being recorded in the spreadsheet.
Licensing Authority Statistics 2022 to 2023.
The way the LA submission portal is setup, returns must be submitted in chronological order so using the latest release has the most accurate data.
Also, please note the file states there are 54 missing submissions for 2022-23, this is less now as we have chased up outstanding returns. The revised figures will be reflected in next years publication.
Section 22
We consider any information due to be published in line with our publication scheme, exempt under section 22 of the FOIA.
Section 22(1) of the FOIA (“information that is intended to be published in the future”) provides that information is exempt if:
a) the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not), b) the information was already held with a view to such publication at the time when the request for information was made.
This is a qualified exemption; therefore, the Commission must consider whether the public interest in maintaining the exemption is greater than the public interest in disclosing the requested information.
Arguments in favour of disclosure
It is recognised that there is a legitimate public interest in promoting the accountability and transparency of public authorities and in Government Departments providing information they hold that falls within the scope of an FOI request as quickly as possible.
Arguments in favour of maintaining the exemption
However, this needs to be balanced with the public interest in the Commission ensuring the maximum time/cost effectiveness. Providing this information in response to a FOI request is not the most time/cost effective way of placing this information in the public domain when it will be published in due course on the Commission website.
Weighing the balance
Having considered the above factors, the Commission is of the view that the balance of the public interest lies in maintaining the exemption. There is no outstanding public interest in releasing this information prior to its intended publication. Given the necessary preparation and administration involved in publishing the information, we consider that our publication timetable is reasonable.
Finally, there is a higher number of non-returns for 2020-21 this is because there were a number of LA mergers so those LA's do not exist anymore.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP