Licensing Team - general licensing privacy notice
What personal information is being processed and what for
We collect and use your personal data for the following purposes:
- Processing licensing applications (licenses, permits, notices etc)
- Making relevant and necessary checks for issuing licenses
- logging actions taken
- logging, investigating and updating you about a complaint that you have made
- personal information of those who make relevant representations
We also collect data to hold in public registers required by legislation. We will publish this information on our website.
Why we are allowed to use your information
We have a statutory duty under the following legislation to use data to decide if a licence, permit, consent or authorisation etc can be granted, refused, suspended or revoked:
- Licensing Act 2003
- Gambling Act 2005
- Local Government (Miscellaneous Provisions) Act 1976, Local Government (Miscellaneous Provisions) Act 1982
- Police Factories Etc (Miscellaneous Provision) Act 1916
- The House to House Collections Act 1939
- Hypnotism Act 1952
- Town Police Clauses Act 1847 and 1889
Who we will share your information with
- Cheshire Police and Other Police Forces/Enforcement Agencies - From time to time we get requests from the police for information that will assist them in investigating and preventing crime. We can share your information with the police if the law allows us too. We also have a data sharing agreement with Cheshire Police that allows us to share information
- Councillors who sit on the Council’s licensing committees – Where we refer your application or licence (in the case of a review) to the Council’s licensing committees for determination.
- Publicly available – we are required to hold some of your data in Public Registers. The information that is in the register is set down in the legislation
- Internal Council Departments (including Alternative Service Delivery Vehicles such as ANSA or Transport Service Solutions) who requires access to your information for the purpose of administration, regulation and law enforcement. From time to time we may share your information with other Council Departments if the law allows us to do so
- Cabinet Office (as part of the National Fraud Initiative). We have a legal duty to submit information to the Government as part of the National Fraud Initiative (NFI).You can read about the type of information we have to disclose to the NFI on their website
- HM Revenue & Customs - we have a statutory duty under schedule 23 of the Finance Act 2011 to submit returns to the HMRC .
- We will use the personal information of those making relevant representations or complaints with applicants or licence holders
Where we get your information from
- Applicants and existing licence holders
- The Disclosure and Barring Service – to check if you are eligible to hold a licence
- Cheshire Police – to check criminal history
- Immigration Enforcement Officers
- Other licensing authorities whom you may have held a licence with
- Those making relevant representations or complaints
How long we will keep your personal information
We only keep information for as long as it is needed. This will differ according to what information we hold and its purpose. It will be based on either a legal requirement (where a law says we have to keep information for a specific period of time) or accepted business practice.
Full details are available on the Council’s Information Asset Register.
How your information is stored
We store this information in computers systems, which can only be accessed by password. The systems we use have security features that means we can limit information that officers can access. This means that only officers needing to use your data for the purpose intended can access it.
What happens if you don’t provide us with your information
If you don’t provide us with your information we will not be able to assess your application and you may not be granted a licence.
Will your information be used to make automated decisions
You have a number of rights regarding your personal data, including withdrawing your consent where we have asked for it.
You can also ask for a copy of the information we hold about you and ask us to correct anything that is wrong.
For detailed information about your rights please see the Cheshire East privacy notice.
Page last reviewed: 26 May 2022
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