Licensing privacy notice
This privacy notice explains how Licensing collects, uses and protects any personal information that you give to us.
This privacy notice should be read alongside our Corporate Privacy Notice.
Why we collect information about you
We collect and hold information about those:
- making an application
- contributing to applications and consultations
- licence holders and variations
- making enquiries and requests
- reporting alleged breaches of licensing
- making a complaint
- enforcement action
This information is collected and stored so that we can administer the services and statutory obligations of Licensing Legislation and Policies.
We may receive and collect special categories of personal information where these form part of an application such as:
- racial/ethnic origin
- criminal history
- medical history
How will we use the information we hold about you?
We will collect information about you so that we can:
- determine a licence application
- meet our statutory requirements
- assess fee categories and exemptions
- advise you about a consultation
- provide updates
- tell you the outcome of an application, enquiry or request
- notify you of the date of public meetings
- notify you if an appeal is received
- issue and serve a notice of determination
- resolve a complaint
All personal data will be held on our internal computer network and licensing case management system with secure password controlled access. Paper case files are no longer held after a licence has been approved.
What is the basis for us to process your data?
There are a number legislations (Acts of Parliament) that require us to capture, save and use your data.
We will require your consent to hold your contact details for the purposes of regular communications and updates.
Who we will share your information with
The information you provide in connection with your licence application will be publicly available on a Statutory Public Register that we have to keep and make available for any member of the public to view. This may include, for example but not limited to, your name, your business's details, licence number, expiry dates etc. See a full list of the documents covered by the public register on the Licensing Public Register.
This information may be more widely published on the web in relation to public licensing committee meetings within minutes and agendas relating to your licence application, changes to your licence, or licence reviews. In applying for a licence you agree for your information to be held and processed for these purposes and in the way detailed.
Your personal data will not be passed onto any other third party without your permission, unless this is to allow us to adhere to our legal obligations and perform a public tasks. Where this is necessary we will do so discreetly and ensure that data sharing is for the purposes of progressing your initial request only.
Notifications that an application has been made will be sent to statutory consultees; these may include a Responsible Authority in accordance with the Licensing Act 2003, the Gambling Commission in accordance with the Gambling Act 2005.
Apart from the applicant's name and address, all other contact information for the applicant (phone number and email) and all contact information for public contributors (name, address, phone number and email) is redacted before the application can be viewed.
If an appeal is made against a decision, a court of law will ask for copies of all the documents we hold, including public comments, and a list of the names and addresses of everyone we have contacted about the appeal. A copy of all the information given to the courts must also be sent to the appellant.
We are required by law to share data subject to the Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019 with Defra so that Defra can create a database to provide functions, either directly or through their agents, to support the operation of charging clean air zones by local authorities or other air quality plans.
We have a duty to protect the public funds it or other agencies administer. Government requirements mean that from time to time data of registered licensees has to be provided so that it can be cross-referenced with other agencies' data. Therefore, where a statutory duty exists your information may also be shared with other regulatory bodies and organisations responsible for auditing and administering public funds, such as the National Fraud Initiative .
There is legislation that allows local authorities to share information, such as the Immigration Act 2016. Your information may also be shared for the prevention/detection of crime with other public bodies, such as but not limited to the police, DVLA, DVSA, insurance companies etc.
Any information shared will be made in accordance with relevant legislation, statutory obligation, or will be made in accordance with the legal test to be applied under the Data Protection Act 2018
We may also share data where we have a formal data sharing agreement.
Failure to provide data
- Failure to provide an applicant name will mean we are unable to process the application.
- Anonymous comments (no name and address) may mean they cannot be taken into consideration and we will be unable to keep you informed.
- Anonymous complaints (no name and address) relating to alleged breaches of licensable activities will not be investigated.
Who can access your data and how long do we keep your records?
All applications, comments, enquiries and requests are entered onto our 'back office system'; therefore, we will always have any details you have supplied to us stored electronically. This system is only available to employees of Northampton Borough Council with the correct level of training and access to view this data.
The registers containing licensing information, including comments and other 'background papers' do not have an expiry date.
We have compiled a list of frequently asked questions in regards to Data Protection and the General Data Protection Regulations (GDPR).
If you wish to raise a complaint on how we have handled your personal data, you can contact us at [email protected] to have the matter investigated. If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Data Protection Officer.
By submitting your application, complaint or enquiry you acknowledge that you have read and understood the specific Data Privacy Notices attached to your specific application, complaint or enquiry and how your data will be used.
If you have any complaint, enquiry or feedback about data protection please contact the Data Protection Officer:
Changes to this privacy notice
We will review this privacy notice to ensure it remains relevant. The current versions of our corporate and departmental privacy notices will always be on our website www.northampton.gov.uk/privacynotices. Please check this page regularly to keep up to date with any changes.