FOI Review - Review of 101003177646 Gull Control

Request 101003211778

Review of 101003177646 Gull Control/EIR 101003205506

I am very surprised you have refused this as every other council across Scotland has complied and returned the information requested so I do not understand why you think Moray council are to refuse the request.

I wish to appeal this decision.

Please can you state the reason why you can not give this information when every other Scottish Council has done and within the timeframe?

Response 02-03-2023

Following your request for a review, our ref 101003211778, a review meeting of your request under Environmental Information (Scotland) Regulations 2004 (EIR request) - Gull Control - 101003177646 was held on 27th of January 2023. In attendance were Solicitor Licensing and Regulatory, Asset Manager Corporate Buildings, Information Governance Manager & DPO and Information Co-ordinator.

The Council’s response to your original EIR request received 04/11/2022 was discussed.

Regarding your request we confirm the following:
1. The Moray Council does carry out gull control.
2. This information is not held, as has been stated in the response to a previous FOI Request:  Seagull Incidents and Costs – 101003090610 which can be accessed here: http://www.moray.gov.uk/moray_standard/page_142584.html. This information therefore falls under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 - information not held.
3. This information is not held.  This information therefore falls under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 - information not held. However, we can confirm that NatureScot does hold the information as was advised in our original response. NatureScot can be contacted via foi@nature.scot
4. Yes.

Regarding your second set of questions, we can confirm that the only two species licences have been applied for are Herring Gull and Common Gull.  
1. Total not held – as per above. NatureScot does hold the information
2. Total not held – as per above. NatureScot does hold the information
3. Total not held – as per above. NatureScot does hold the information
4. Total not held – as per above. NatureScot does hold the information
The information requested falls under Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 - information not held.
 
We apologise for the lack of clarity of our response and, in order to be helpful, should have sign-posted the information previously published as per above.