Licensing enforcement privacy statement
Why we collect information about you
- The council has a statutory duty to regulate and enforce a range of licensable activities. In order for the council to fulfil these duties, it may be necessary for it to investigate and act when alleged licensing offences are identified. For the purpose of investigations and enforcement action, we are required to collect information.
- In addition to other evidence gathering methods, council officers also use body-worn video (BWV) capture and recording devices for the purpose of collecting information and to protect council staff undertaking their duties.
- The council undertakes a range of law enforcement and public enforcement functions and other tasks vested in the authority by legislation.
Lawful basis for collecting information about you
- Part II, Local Government (Miscellaneous Provisions) Act 1976
- Town Police Clauses Act 1847
- Regulation of Investigatory Powers Act 2000, Part 2
- General Data Protection Regulations (GDPR) and the Data Protection Act 2018 (DPA):
- DPA part 2 (‘competent authority’ where it has statutory functions to exercise public authority or public powers for any of the law enforcement purposes); &
- DPA part 3 (‘competent authority’ where the council is carry out a law enforcement function)
What information do we collect about you?
We may collect information about:
- you (name, address, date and place of birth, national insurance number, any previous addresses and names, DVLA driving licence details, photograph and vehicle insurance details)
- your medical fitness, history and circumstances
- any recorded criminal history that relates to you (including details of current and/or previous criminal convictions, formal cautions, endorsements and previous and/or current criminal investigations)
- any licensing history that may be relevant to you (such as details of licences previously held with other licensing authorities, the outcome of those applications, any formal or informal enforcement action taken and/or the outcome of any such action)
- your eligibility to remain and/or work in the UK
- the personal data we collect from you through the use of activated BWV will include:
- video recording
- audio recording
Where images or recordings show evidence of an offence, it may be combined with other personal data we hold about you.
Who do we share this information with?
- Internal council departments or officers who we need to consult with in order to obtain any further relevant information, report relevant information back to them (if the law allows us to do so) and/or seek approval and advice to take formal enforcement action.
- Third parties such as legal services provider and Counter fraud unit, police
- HM Courts & Tribunals Service – where we have decided to bring a prosecution in relation to an offence.
- Councillors who sit in the council’s licensing committee –Where we refer your application or licence (in the case of a review) to the council’s licensing committee for determination.
Is there any information transferred to or stored on servers based outside the EEA?
How long do we keep your information?
Information relating to investigations and prosecutions will be destroyed after seven years from last action.
BWV recordings not used for prosecutions will be kept for six months after the relevant decision.
Who do we collect information from?
- Internal council departments that may hold information relevant to an investigation
- Other statutory bodies and/or organisations that may hold information relevant to an investigation
- Witnesses and/or complainants who have submitted information or evidence to us
What are the consequences if we do not collect the data?
The council will be unable to comply with its statutory enforcement duties.
Are any decisions about you made by automatic means?