Tom Jones concert

Summary

A request was made for details on the profit or loss of the Tom Jones concert at Noble's Park and any taxpayer liability, but the Department for Enterprise refused to disclose the information citing commercial interests.

Key Facts

• The Department for Enterprise holds the requested financial information but withheld it under section 30(2)(b) of the Freedom of Information Act 2015.
• The exemption was applied because the contract with Villa Marina and Gaiety Theatre prohibits public release of financial details to protect future artist bookings.
• The Department determined that maintaining the exemption outweighed the public interest in transparency.
• The Department is currently in a financial dispute with TinyCow, the company that arranged the concert.
• The request was received on 6 September 2017 and the final response was issued on 4 October 2017.

Data Disclosed

• 2017-09-06
• 2017-10-04
• 2016-07-26
• IM101855I
• section 30(2)(b)

Exemptions Cited

• Section 30(2)(b) of the Freedom of Information Act 2015 (prejudice to commercial interests)

Data Tables (1)

Full Response Text

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Our Ref: IM101855I

Date: 4 October 2017

Dear

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your request dated 6 September 2017. Your request Your request was as follows: “Please supply details of the profit or loss made from the Tom Jones concert at Noble’s Park on July 26, 2016? If it made a loss, how much of that loss was incurred by the taxpayer.” Response to your request Though the Department holds the information that you have requested, we consider that the information is qualified exempt information be withheld under section 30(2)(b) of the Act, that is “its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the public authority holding it).” The reason we consider that this exemption applies is that the contract between the artist and Villa Marina and Gaiety Theatre specifically prohibits publicly releasing financial information in connection with the event. Releasing the information would therefore be likely to prejudice the commercial interests of the Department by damaging the relationship with the artist and and their management and make it less likely that the Villa Marina and Gaiety Theatre can book artists in the future. As section 30(2)(b) is a qualified exemption, it is subject to a public interest test. The public interest must be something that is of serious concern and benefit to the public at large. Factors in favour of disclosing the information include:

Department of Economic Development Rheynn Lhiasaghey Tarmaynagh

Steven Tallach Freedom of Information Co-ordinator 1st Floor St Georges Court Upper Church Street Douglas Isle of Man IM1 1EX

Telephone: (01624) 685375
Website: www.gov.im/ded Email: steven.tallach@gov.im

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 transparency and showing how much money is spent by the public sector;  promoting good decision making. Factors in favour of maintaining the exemption include:  enabling the Department to be able to book the best possible acts, and therefore maximise value for money to the taxpayer.  the need to protect the Villa Marina and Gaiety Theatre’s relationships with artists/agents, in order that artists/agents are not put off from making bookings with the venues.

Having taken all of these factors into account the the Department determines that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

It should also be noted that the Department remains in financial dispute with TinyCow, which arranged the concert.

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to me at the above address. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2 Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found www.gov.im/foi.

Yours sincerely

Steven Tallach Freedom of Information Co-ordinator