Cinema booker

Summary

A request for fees paid to the Broadway Cinema film booker from 2020 to 2024 was initially refused under commercial interest exemptions but was fully upheld following an internal review, resulting in the disclosure of gross and net payment amounts.

Key Facts

• The Department of Education, Sport and Culture initially withheld the information citing Section 30 of the Act regarding commercial interests.
• An internal review overturned the initial refusal, upholding the requester's complaint.
• The final decision disclosed specific gross and net fees paid to the film booker for the years 2020 through 2024.
• No public tender was conducted for retaining the booker because the sums involved were below the required thresholds.
• The authority confirmed that an exemption has been granted for the arrangement.

Data Disclosed

• 2024-04-15
• 2024-06-03
• 2020
• 2021
• 2022
• 2023
• 2024
• £5,181.30
• £4,317.75
• £5,292.00
• £4,410.00
• £7,203.96
• £6,003.30
• £7,333.19
• £6,110.99
• £2,463.08
• £2,052.57

Exemptions Cited

• Section 30 of the Act (Commercial interests)

Original Request

Fees paid to film booker by Broadway Cinema in the following years; 2024 2023 2022 2021 2020

Data Tables (1)

Full Response Text

Policy, Strategy & Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808
Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 3801661 03 June 2024

Dear ###

Information requested by: ###

Summary of Process 1. Request received: 15/04/2024 2. Response sent: 24/04/2024 2. Review requested: 26/04/2024

Review of Response

In your communication to Department of Education, Sport and Culture dated 26 April 2024, you raised the following issues:

Fees paid to film booker by Broadway Cinema in the following years;
2024
2023
2022
2021
2020
/
The Department responded to say –

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of a person including the public authority holding it.

You subsequently requested an internal review

Statutory Considerations 1. Did the public authority respond to your request within the required timescales?
Yes, the authority responded within the required timescales.

1. Did the public authority provide the information requested? The Department did not provide the information requested.

2. Did the public authority conduct a reasonable search for the information? The Department conducted a reasonable search for the information.

3. If the public authority did not provide the information because of the application of a practical refusal reason, was the refusal clear? A practical refusal reason was not applied.

4. If the public authority applied an exemption was it correct and was it explained? The Department applied a qualified exemption and carried out a public interest test.

5. Did the public authority offer appropriate advice and assistance? Yes, the Department did offer advice and assistance.

6. Did the public authority advise you of the internal review process and your right of appeal to the Information Commissioner? Yes, the Department advised you about the internal review process and the right of appeal to the Information Commissioner.

Outcomes 1. Yes, the public authority answered your request within the statutory time limit.

1. No, the public authority did not provide the information requested and did not seek further clarification of what was required.

2. Did the public authority conduct a reasonable search for the information? Yes.

3. The application of a practical refusal reason was N/A.

4. The public authority applied an exemption correctly and it was explained.

5. Yes, the public authority did offer appropriate advice.

6. Yes, the public authority did advise the requester of the internal review process and their right of appeal to the Information Commissioner.

Specific Issues you raised In your Internal Review you said –

We are not looking to identify the film booker used by Broadway Cinema, simply the sums paid to them.

This information would not prejudice the Villa Gaiety's working relationship with their booker, neither would it provide an 'unfair, detrimental or a competitive advantage in a commercial market.' There is no coherent reason not to provide this information in a timely manner.

We would also like to understand the process of retaining a booker for the Broadway Cinema - was it open to public tender and if it wasn't, what exemptions have been utilised? This will allow us to understand if public money is being used effectively and in a fair manner when competing against private operators.

Decision

The final decision of this review is that it upholds your complaint.

The sums paid are –

Year Gross Amount Net Amount 2020 £ 5,181.30 £ 4,317.75 2021 £ 5,292.00 £ 4,410.00 2022 £ 7,203.96 £ 6,003.30 2023 £ 7,333.19 £ 6,110.99 2024 £ 2,463.08 £ 2,052.57

In regards to your additional query there wasn’t a public tender exercise undertaken as the sums concerned are below thresholds for such to be undertaken. For information an exemption has been granted.

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 2015; 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 right to a review can be found 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 at www.gov.im/foi.

Yours sincerely

Data Protection Officer

Policy, Strategy and Governance Division Department of Education, Sport and Culture Thie Slieau Whallian Foxdale Road St Johns IM4 3AS

Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im

Our ref: 3801661 24 April 2024

Dear ###

We write further to your request, received 15 April 2024, which states:

"Fees paid to film booker by Broadway Cinema in the following years;
2024
2023
2022
2021
2020"

Our response to your request is as follows:

While our aim is to provide information whenever possible, in this instance the information is exempt from disclosure under section 30 of the Act as disclosure would be likely to prejudice the commercial interests of a person including the public authority holding it.

As section 30 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 disclosure • Accountability - Need to ensure that commercial activities are conducted in an open and honest way • Transparency - Release of some information promotes public understanding and informed debate. • Accountability for the spending of public funds. Ensuring that public money is being used effectively and Departments are getting value for money when purchasing goods and services.

Factors in favour of withholding • It is not in the public interest for the Villa Gaiety’s working relationships with their bookers to be prejudiced by the disclosure of the requested information. • Disclosure of this information could be used to achieve, unfair, detrimental or a competitive advantage in a commercial market.

• There is a need to protect the commercial interests of the private sector, which plays an important role in the general health of the economy.

In taking these factors into account the the Department of Education, Sport and Culture determined that the factors in favour of maintaining the exemption outweigh the factors in favour of disclosing the information.

Please quote the reference number 3801661 in any future communications.

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.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. 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 2015; 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 right to a review can be found 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 at www.gov.im/foi.

I will now close your request as of this date.