Privacy Statement (Licensing)

 

Licensing

This page explains how Arun District Council uses your information to administer its obligations in relation to licensing requirements. This information applies to the administration of the following: Licensing Act 2003, Gambling Act 2005, Hackney Carriage & Private Hire and driver licensing, pleasure boats, charities, sex entertainment venues and sex establishments, animal licensing, film classifications, street trading, skin piercing & tattooing, hypnotism and scrap metal.

 

Personal information that we hold

  • Name
  • Contact details (this will include address, email address and telephone numbers)
  • Date of birth
  • National Insurance Number (where applicable)
  • Details of any relevant convictions (this include information from DBS checks which are returned to applicant or destroyed after determination of an application)
  • Photographs
  • Identity documents (we will destroy copies of bank statements and other proof of address documents once we have determined your application)
  • Details of your nationality (where applicable)
  • Proof of right to work in the UK (where applicable)
  • Your driving licence details (DVLA or overseas) (where applicable)
  • Employment history (where relevant)
  • Details of knowledge tests taken and scores (drivers)
  • Medical forms and supporting information (drivers)
  • Vehicle details including registrations and garage tests, insurance documents etc (Hackney & Private Hire)
  • Outcomes of DBS checks
  • Complaints made about persons, vehicles or premises
  • Licences issued to you and premises and details included on them
  • Information shared with us from other authorities
  • Details of persons making representations in relation to applications

Details from payment cards used are encrypted and stored in accordance with requirements.

 

Using your information

Arun District Council has a statutory duty to regulate matters captured within the regimes referenced above. The council is required to collect and hold your information in order to fulfil its obligations.

 

Right to work

We are required to verify your right to work status of all applicants. Where required we may make enquiries and verify information with the Home Office and the Department for Work and Pensions (DWP).

 

Qualifications and assessments

Where you have indicated to us that you hold qualifications or have passed assessments, we may make enquiries with the relevant bodies.

 

DBS

Where you apply for a DBS check, we will securely retain the original copy of this check until your application has been determined. We will then return this check to you unless you request we destroy it for you.

We may share information with other council departments, for example we may share details of vehicle drivers and owners to assist with on street compliance (this includes parking, smoking and littering offences). We may also share information with revenues and benefits, community safety and council tax enquiries.

The council has contracts with third party providers of services, such as for the application for DBS checks. Information will be shared to support the delivery of such services.

 

Information Sharing

We may share information with other council departments, for example we may share details of licence holders to assist with on street compliance (this includes parking, smoking and littering offences). We may also share information with revenues and benefits, community safety and council tax enquiries.

When the council receive complaints regarding licensees or premises, information provided may be stored. This may include social media postings, photographs and personal details.

The police may inform the council if you are arrested or charged with a criminal offence under common law police disclosure. We may use this information to decide if it is appropriate to consider action in respect of a licence or authorisation.

The council may share information with other local authorities and other partners to support the delivery of our statutory functions. Any information sharing is managed in accordance with relevant privacy and data protection legislation.

When available, we will share details of any suspensions and refusals to a national database and provide details of such to other local authorities upon request as part of their application considerations.

The council receives and shares information from partners and other authorities relating to the on- going fitness and propriety of licensees and as part of the licensing process. These organisations include Sussex Police, DWP, DVSA, DVLA, Home Office and other local authorities. Any information shared is managed in accordance with relevant data protection legislation. Disclosures of personal data to law enforcement agencies are permitted by data protection legislation for the prevention or  detection of crime, or the apprehension or prosecution of offenders. Each request for information will be considered on a case by case basis to ensure the request is carried out in accordance with guidance and statute.

Every two years, the council is required by law to disclose information regarding personal licence holders to the Cabinet Office (National Fraud Initiative).

We will not pass your information to any other organisation for marketing purposes without your consent. We will not sell data to third parties for this purpose.

If you contact us and we note your contact details need updating we will do this for you or contact you and advise you what steps you must take.

We may request information from Private Hire Operators regarding their day to day operators including records held.

Occasionally the council will provide data for trends and monitoring purposes to outside organisations. This information will not contain identifiable or personal data.

If you contact us by telephone your call may be recorded for training and monitoring purposes.

 

Public Registers

Limited information regarding licensees may be made available to the public where legislation requires such. This includes includes names of licence holders, details of licences including operating schedules and dates applications have been received.  Such information will be provided via a public register when available. Statutory public registers form a permanent record held by the council. In some circumstances the council may publicise details of the name of a licensee that has had a licence revoked or has been subject of other enforcement action.

 

Hearings

Licensing hearings are conducted in public and form part of a public process. In all but a few circumstances they follow a public consultation. Those making representations in respect of applications should expect their name and address to accompany their representation which will be available in the public domain. The Act requires such information to be disclosed to the applicant (and licence holder if different from the applicant) prior to a hearing.

 

Information we provide to you

Where it is possible information will be provided to you in email format. Otherwise we will use standard post. If we need to contact you urgently we will telephone you.

 

Additional taxi information

The council has a statutory obligation to maintain a convictions register for drivers. This means that any live convictions relating to licensed drivers will be placed on a public register which must be made accessible to the public upon request. If an applicant makes a false declaration and convictions come to light, these will still be placed on the register. By making an application to the authority for a licence, you are consenting to this information being published. Once a conviction is spent under the Rehabilitation of Offenders Act 1974, the conviction will be removed from the register.

We may request information from a testing centre regarding the testing of your vehicle and details of the results.

Where you apply for a DBS check, we may make enquiries with our contractor that undertakes this service provision for us to establish if a check has been applied for or has been completed and provided to you.

 

Data retention periods

The council retain your data in accordance with a retention schedule. Below is a summary of some relevant retention periods.

 

Inspection reports

Retained for 7 years or 12 months after premises no longer licensed

Noise Management Plans

For life of licence plus 12 months

Unsuccessful applications

7 years

Representations

Retained for 12 months following determination

Animal boarding records

Retained for life of licence and for 7 years after

Personal file for driver

Throughout the period you are licensed and for 10 years after

Complaints

7 years

Convictions register

Maintained until convictions are spent