I have copied and pasted the response to this update. I think the response is fair enough and sounds like they are trying to secure the best outcome for the gardens.
Dear Frances,
We refer to your FOI request dated 21 June.
You requested the following information:
"I am writing to you regarding the possible closure of Dundee Botanic Gardens. I started the petition to save the gardens from closure and it now has almost 11,500 supporters. The signature numbers are increasing by a thousand per day. We would like answers as to why it would need to close and I am therefore requesting a freedom of information regarding the finances of the gardens.
1. We would like to know how much the gardens are costing the university to run and how much money it is making?
2. The closure of the cafe will not have helped with visitor numbers but I have been told this was not run by the university. Who owns the cafe premises?"
University Response
Further to section 1 of the Freedom of Information (Scotland) Act 2002 (“the Act”), we can confirm that this information is partially held by the University of Dundee (“the University”)
Please find the University's detailed response below:
Q.1 Cost and Revenue of the Dundee Botanic Gardens
Further to section 1 of the Freedom of Information (Scotland) Act 2002 ("FOISA"), the University of Dundee ("the University") can confirm that it holds information regarding the costs associated with operating the Dundee Botanic Garden and the income generated by the Garden.
However, the University considers this information to be exempt from disclosure under section 33(1)(b) of FOISA, as disclosure would, or would be likely to, prejudice substantially the commercial interests of the University.
The requested information comprises detailed financial information relating to the operation of the Garden, including its costs and income. The University is currently engaged in discussions with external stakeholders regarding potential options for the future operation and funding of the Garden. Disclosure of detailed financial information at this stage would be likely to affect those discussions by revealing information about the Garden's financial position and operating costs that would not otherwise be available to parties involved in or observing those negotiations. The University considers that this would be likely to weaken its negotiating position and prejudice substantially its commercial interests.
Section 33(1)(b) is a qualified exemption and is therefore subject to the public interest test.
The University recognises the public interest in transparency and accountability regarding the use of public funds and the future of the Dundee Botanic Gardens, as disclosure would contribute to public understanding of the financial position of the Garden and the considerations informing decisions about its future.
However, there is also a strong public interest in ensuring that the University is able to engage effectively with external stakeholders and explore options for the future of the Garden without undermining ongoing discussions. The University considers that disclosure of detailed financial information at this time would be likely to prejudice those discussions and reduce its ability to secure the best outcome for the future of the Garden.
Having considered the competing public interest factors, the University has concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure. Accordingly, the information is withheld under section 33(1)(b) of FOISA.
Q2. Ownership of the Café Premises
Further to section 17(1) of the Freedom of Information (Scotland) Act 2002, the University gives notice that it does not hold the information requested.
The café ceased operating in 2024 and is no longer in use as a café. The University does not hold recorded information identifying the current owner of the premises referred to in your request.
During its existence, the café was run by an independent third-party tenant under a lease arrangement and was not operated by the University.