FOI-19-1405 - Property, Invoices and Budget

Review outcome

The Review Panel resolved to :- I. In respect of Question 2 – Modify the Council’s application of Section 17 – Information not held – to application of both Section 33(1)(b) of FOISA – The modified response in respect of Question 2 is as follows.

Thank you for your information request of 18 October 2019 and please accept our apologies for delay in providing the response to you. Aberdeen City Council (ACC) has completed the necessary search for the information requested. Our response is now detailed below.

Q2 - Please supply a spreadsheet, accounts or other data held by ACC showing what rent ACC has collected from occupants, renters of Marischal Square, to include Aberdeen Journals Ltd, Aberdeen Press & Journal, Aberdeen Evening Express. I believe the Finance Department of ACC holds this information electronically. The period is from when Marischal Square was first occupied through September 2019. This should reflect rent charged per square metre per month, amount billed to occupants/ renters, and whether or not the sum invoiced for has been paid in full. I am confident this material can be obtained swiftly and inexpensively using electronic search methods and ACC's existing accounting systems and spreadsheets ACC holds.

Marischal Square is managed by CBRE on behalf of ACC. This means that all invoices for rent are raised by CBRE and are payable to CBRE who then pay over rental income to ACC as it is received. ACC do receive regular updates on sums outstanding and not on specific amounts billed. This information is commercially sensitive, therefore, ACC is unable to provide you the required details as it is exempt from disclosure. In order to comply with its obligations under the terms of Section 16 of the FOISA, ACC hereby give notice that we are refusing your request under the terms of Section 33(1)(b) – Commercial Interests - of the FOISA. We are unable to provide you with information on whether or not the sum invoiced for has been paid in full as it is not held by ACC. In order to comply with our obligations under the terms of Section 17 of the FOISA, we hereby gives notice that this information is not held by us.

The total rental income received via CBRE for Marischal Square to 30 September 2019 is £849,936.61.

No breakdown has been provided per tenant or per metre square as this is commercially sensitive. However it should be noted that the Headline rent for Marischal Square is £30 per square foot.

The rent charged per square metre per month of Marischal Square is part of the negotiations regarding the commercial deals for letting space at Marischal Square between the Council, Muse and the occupiers, which are commercially sensitive, therefore, ACC is unable to provide you the required details as it is exempt from disclosure. In order to comply with its obligations under the terms of Section 16 of the FOISA, ACC hereby give notice that we are refusing your request under the terms of Section 33(1)(b) – Commercial Interests - of the FOISA.

Do commercial interests exist in relation to the information? ACC considers that commercial interests exist because it comprises information in regards to a third party commercial deals. This information is not publicly available as it is information which would normally only be known by the contracting parties and their advisors.

Please describe how disclosure of the requested information would cause the level of harm required for this exemption? The release of this information could have a significant detrimental effect on the Council’s negotiating position for future transactions as Marischal Square. The details could be used by the applicant to have an unfair competitive advantage over other parties looking to let space in Marischal Square. ACC considers that, were we to release this information, we would prejudice our commercial relationship with them who did not agree for their information to be made public.

What are the public interest arguments? The public must be reassured that public bodies are spending taxpayers’ money wisely. In particular, the public has the right to know how much money is being contributed, and the nature of the additional services.

However, ACC is of the view that in this case, the public interest lies in withholding the information as disclosure would prejudice ACC’s commercial relationships and future contractual negotiations with Marischal Square occupiers and after considering all the circumstances of the case, the public interest is best met by applying Section 33(1)(b).

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

We handled your request for information in accordance with the provisions of the Freedom of Information (Scotland) Act 2002. Please refer to the attached PDF for more information about your rights under FOISA.

We hope this helps with your request.

Original Response

From: Foi Enquiries Sent: 22 November 2019 16:08

Subject: FOI-19-1405 - Property, Invoices and Budget

Q1 - What is the current City's property portfolio (note - I was sent an excel workbook of this data approximately 9 year ago, which was about 10 pages long - I am looking for the same report which you then called Property Portfolio' and 'Non Housing' report).

The Current Assets list is found on the Council’s website at this link: https://www.aberdeencity.gov.uk/services/business-and-licensing/property-services/property- asset-management

As the current City's property portfolio is otherwise accessible at the Aberdeen City Council’s website it is exempt from disclosure. In order to comply with our obligations under the terms of Section 16 of the FOISA, we hereby give notice that we are refusing your request under the terms of Section 25(1) - Information Otherwise Accessible - of the FOISA.

However, please find attached the most recent excel version ref: FOI-19-1405 Asset List. A COPY OF THIS SPREADSHEET IS AVAILABLE FROM [email protected]

Q2 - Please supply a spreadsheet, accounts or other data held by ACC showing what rent ACC has collected from occupants, renters of Marischal Square, to include Aberdeen Journals Ltd, Aberdeen Press & Journal, Aberdeen Evening Express. I believe the Finance Department of ACC holds this information electronically. The period is from when Marischal Square was first occupied through September 2019. This should reflect rent charged per square metre per month, amount billed to occupants/ renters, and whether or not the sum invoiced for has been paid in full. I am confident this material can be obtained swiftly and inexpensively using electronic search methods and ACC's existing accounting systems and spreadsheets ACC holds.

Marischal Square is managed by CBRE on behalf of ACC. This means that all invoices for rent are raised by CBRE and are payable to CBRE who then pay over rental income to ACC as it is received. We are therefore unable to provide any information on amounts billed and whether or not these have been paid in full.

The total rental income received via CBRE for Marischal Square to 30 September 2019 is £849,936.61.

We are unable to provide you with information on rent ACC has collected from occupants, renters of Marischal Square including amount billed to occupants/ renters, and whether or not the sum invoiced for has been paid in full as it is not held by ACC. In order to comply with our obligations under the terms of Section 17 of the FOISA, we hereby gives notice that this information is not held by us.

No breakdown has been provided per tenant or per metre square as this is commercially sensitive. However it should be noted that the Headline rent for Marischal Square is £30 per square foot.

The rent charged per square metre per month of Marischal Square is part of the negotiations regarding the commercial deals for letting space at Marischal Square between the Council, Muse and the occupiers, which are commercially sensitive, therefore, ACC is unable to provide you the required details as it is exempt from disclosure. In order to comply with its obligations under the terms of Section 16 of the FOISA, ACC hereby give notice that we are refusing your request under the terms of Section 33(1)(b) – Commercial Interests - of the FOISA.

Do commercial interests exist in relation to the information? ACC considers that commercial interests exist because it comprises information in regards to a third party commercial deals. This information is not publicly available as it is information which would normally only be known by the contracting parties and their advisors.

Please describe how disclosure of the requested information would cause the level of harm required for this exemption? The release of this information could have a significant detrimental effect on the Council’s negotiating position for future transactions as Marischal Square. The details could be used by the applicant to have an unfair competitive advantage over other parties looking to let space in Marischal Square. ACC considers that, were we to release this information, we would prejudice our commercial relationship with them who did not agree for their information to be made public.

What are the public interest arguments? The public must be reassured that public bodies are spending taxpayers’ money wisely. In particular, the public has the right to know how much money is being contributed, and the nature of the additional services.

However, ACC is of the view that in this case, the public interest lies in withholding the information as disclosure would prejudice ACC’s commercial relationships and future contractual negotiations with Marischal Square occupiers and after considering all the circumstances of the case, the public interest is best met by applying Section 33(1)(b).

Q3 - Please supply a copy of every invoice issued by Trump International Golf Club Scotland, Trump International Golf Links Scotland, Trump International or any entity bearing the name 'Trump' in its company title for 2018 and 2019 TO ACC or any ACC subsidiary, to include any such invoice paid via ACC. This may include hospitality, accommodation, food, golf or other. I am confident this material can be obtained swiftly and inexpensively using electronic search methods and ACC's existing accounting systems and spreadsheets ACC holds.

There are no companies with Trump in the title listed on ACC’s Creditor system which have been paid since 2018.

We are unable to provide you with information on supply a copy of every invoice issued by Trump International Golf Club Scotland, Trump International Golf Links Scotland, Trump International or any entity bearing the name 'Trump' in its company title for 2018 and 2019 TO ACC or any ACC subsidiary, to include any such invoice paid via ACC as it is not held by ACC. In order to comply with our obligations under the terms of Section 17 of the FOISA, we hereby give notice that this information is not held by us.

A4 - Please supply a copy of every invoice issued by ACC TO Trump International Golf Club Scotland, Trump International Golf Links Scotland, Trump International or any entity bearing the name 'Trump' in its company title for 2018 and 2019. I am confident this material can be obtained swiftly and inexpensively using electronic search methods and ACC's existing accounting systems and spreadsheets ACC holds.

There are no companies listed on ACC’s Debtor system which have Trump in their name

We are unable to provide you with information on supply a copy of every invoice issued by ACC TO Trump International Golf Club Scotland, Trump International Golf Links Scotland, Trump International or any entity bearing the name 'Trump' in its company title for 2018 and 2019 as it is not held by ACC. In order to comply with our obligations under the terms of Section 17 of the FOISA, we hereby give notice that this information is not held by us.

Q5 - What is the current City Council hospitality budget? What hospitality events (cocktail parties, dinners, lunches receptions and similar) are planned for 2010 to be funded by the Council? These budgets are met from the Common Good Fund and include:

Civic Receptions budget Visitors to the Town House

ACC previously kept this information on a spreadsheet and I am sure it can recover same swiftly. thank you for asking for clarification; the year in question is not 2010 but 2019.

Civic Receptions budget for 2019/20 – £8,000 Visitors to the Town House for 2019/20 – £12,000 City Council Hospitality Budget for 2019/20 – £14,176.46

List of hospitality events

29 January 2019 Aberdeen History Society - Reception 04 February 2019 VIP from Mozambique - Dinner 14 February 2019 Guyana High Commissioner - Lunch 20 February 2019 NHS Grampian Chief Exec – Retirement Dinner 25 February 2019 Duke of Edinburgh Awards - Reception 26 February 2019 Education Act 1918 100th Anniversary - Reception 18 March 2019 The Life Changes Trust - Reception 23 March 2019 Scottish Korean War Veterans - - Reception 26 March 2019 The Aberdeen Lions Club (Nippy Dip) - - Reception 12 April 2019 Society of Architects - Reception 15 April 2019 VSA Campaign Launch - Reception 16 April 2019 Aberdeen Blood Donor Award Ceremony - Reception 18 April 2019 NuArt 2019 Launch - Reception 24 April 2019 Bon Accord Bowling Cub Anniversary – Afternoon Tea 25 April 2019 RSPB DolphinFest - Reception 02 May 2019 Save The Children 100th Anniversary - Reception 03 May 2019 University Lecture – Reception 13 May 2019 AUSA Disbursement Ceremony - Reception 14 May 2019 Anniversary of Polmuir Bowling Club - Reception 16 May 2019 Anniversary of Grampian-Houston Association - Reception 25 May 2019 Four Nations Masters Hockey Championship - Reception 31 May 2019 25th Anniversary of Kids Out Aberdeen - Reception 07 June 2019 Music 4 U Charity - Reception 19 June 2019 Meff Spence Trophy (Annual Event) - Lunch 26 June 2019 National Association of Document Examiners - Reception 28 June 2019 Dyce Boys Club (SYFA Scottish Cup Winners) - Reception 07 July 2019 The Physiological Society - Reception 14 July 2019 Conference on Innovation and Technology - Reception 17 July 2019 University of Aberdeen US Summer School - Reception 25 July 2019 Community Leaders Retirement – Afternoon Tea 04 August 2019 Organisation for Study of Old Testament - Reception 20 August 2019 Japanese Investors - Dinner 30 August 2019 EuroAgeism - Reception 05 September 2019 WECP AGM - Dinner 08 September 2019 Salvation Army - Reception 10 September 2019 Scottish WI - National Conference - Reception 10 September 2019 Aberdeen Ladies Tuesday Bowling league – Afternoon Tea 13 September 2019 Norwegian Trade Union visit - Reception 18 September 2019 James Hutton Institute - Reception 25 September 2019 Aberdeen in Bloom Garden Competition - Reception 08 October 2019 Ferryhill Community Centre - Reception 08 October 2019 Japanese Mayoral Visit - Reception 28 October 2019 Citizens Advice Bureau AGM - Reception 21 November 2019 Xmas Tree Switch on - Reception 22 November 2019 PoppyScotland - Reception 22 November 2019 Aberdeen Ex Presidents Bowling Association - Reception 24 November 2019 Christmas Parade - Reception 26 November 2019 Aberdeen Violence Against Women - Reception 26 November 2019 Scottish Police Authority Board - Dinner 17 December 2019 Glasgow University Club of Aberdeen - Reception 23 December 2019 Aberdeen Synagogue - Reception

Q7 - What is the current expenditure to date on the Marishal College refurbishment? To help demonstrate how easily this information will be sourced, I include your previous answers from 2010/2011 £23,721,950.44 has been expended to the end of period 2 financial year 2010/2011. Due representation will, as always, be made in the context of the council's annual accounts.

The final total on Marischal College was £60,553,279.57.

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

We handled your request for information in accordance with the provisions of the Freedom of Information (Scotland) Act 2002. Please refer to the attached PDF for more information about your rights under FOISA.

FURTHER INFORMATION

If ACC has failed to respond to your information request within the statutory 20 working days you can submit a complaint or request a review of our response. You should do this within 40 working days after receipt of this information. To complain or request a review, please write to:

Access to Information Team Customer Feedback Corporate Experience Aberdeen City Council 1st Floor South Business Hub 6 Marischal College Broad Street ABERDEEN AB10 1AB

Email: [email protected]

Your request for review must include your name, an address, and your reason(s) for requesting a review. You should also include the reference number for your original request for information.

If you are not satisfied with the outcome of your request for review, you can apply directly to the Office of the Scottish Information Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision unless you have been through the Council’s review procedure. The Scottish Information Commissioner can be contacted at:

The Office of the Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews Fife KY16 9DS www.itspublicknowledge.info

Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of the decision has been issued.

Yours sincerely,

Access to Information Team Aberdeen City Council | Access to Information Team | Customer Feedback |Customer Marischal College |Business Hub 6, 1st Floor| Broad Street | Aberdeen | AB10 1AQ

Dial: 01224 522166 www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC