Licensing privacy notice
This Privacy Notice is designed to help you understand how and why the Licensing service processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.
Who are we?
Redcar and Cleveland Borough Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The Licensing Service administers and enforces a variety of licenses required by national law. We process applications for licenses, permits, and registrations for a diverse range of activities ranging from Acupuncture to Zoos.
Data Protection Officer
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
InformationGovernance@redcar-cleveland.gov.uk or 01642 774774
What personal information do we collect?
The information that is collected will depend on the type of licence and the nature of the activity, and could include:
- Name
- Contact details (address, email, and telephone number)
- Details of your premises, vehicle or stall
- Any correspondence we have had with you
- Your photograph
- Copies of proof of identity documents (passport, birth certificate, etc.)
- Copies of documents showing your address (council tax bill, driving licence, etc.)
- Financial information
- Date of birth
- National Insurance Number
We may also collect the following special category data:
- Mental and physical health information for taxi and private hire vehicle drivers
- Disclosure and Barring Service checks, which include criminal conviction history (for taxi and private hire vehicle drivers, taxi and private hire vehicle proprietors and private hire operators)
- Proof of Right to Work in the UK documents
Why do we collect your personal information?
In order to provide the licensing service, it is necessary for us to collect personal information about you. We collect personal information in order to process applications, issue licences, inspect premises and vehicles, and investigate complaints.
Some of this information may be made available to the public where relevant legislation requires or permits and publication is in the public interest. This could include licensee name and associated badge or licence number, together with the license status and expiry date.
Who do we obtain your information from?
- Other local authorities
- Cleveland Police
- Disclosure and Barring Service
- Medical practitioners
- Driver and Vehicle Licensing Agency
Who do we share this information with?
- Cleveland Police
- The Home Office
- The Cabinet Office, as part of the National Fraud Initiative
- The Department for Work and Pensions
- Other local authorities
- The National Register of Taxi License Refusals and Revocations. This information is restricted to individuals who have had a hackney carriage or a private hire driver licence revoked or an application for one refused.
How long do we keep your information for?
Data held | Retention period |
Information collected in order to carry out enforcement activities. | 6 years after a case is closed. This allows us to refer to previous cases when considering any future enforcement activities. |
Information collected in order to process applications for licences. | 2 years after a case is closed. This allows us to refer to previous cases when considering any future applications |
Information added to the National Register for Revocations, Refusals and Suspensions (NR35) | 12 years from date of the revocation, refusal or suspension takes effect. |
What is our lawful basis for processing your information?
Redcar and Cleveland Borough Council relies on the following lawful basis to process your personal data:
- UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject
- UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
For the processing of personal data relating to criminal convictions and offences, processing meets Schedule 1, Part 2 of the Data Protection Act 2018 as below:
(6) Statutory and Government Purposes
When processing special category data, the Council will rely on the following lawful basis:
- UK GDPR Article 9 (2) (g) – processing is necessary for reasons of substantial public interest with processing meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:
(6) Statutory and Government Purposes
The legislations, policies and guidance that relate to this service includes, but is not limited to:
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
- Caravan Sites and Control of Development Act 1960
- Explosives Regulations 2014
- Gambling Act 2005
- Highways Act 1980
- House to House Collections Act 1939
- Licensing Act 2003
- Local Government (Miscellaneous Provisions) Act 1976
- Local Government (Miscellaneous Provisions) Act 1982
- Scrap Metal Dealers Act 2013
- The Department for Transport’s Taxi and Private Hire Vehicle Licensing Best Practice Guidance
- The Department for Transport’s Statutory Taxi and Private Hire Vehicle Standards
- Town and Police Clauses Act 1847
- Zoo Licensing Act 1981
Your Rights
You have a number of rights that you may exercise in relation to your personal data. Some of the rights do not apply automatically and may not be available in certain circumstances where a lawful exception applies.
- You have a right to access your personal data. You can request a copy of personal data that we hold about you and ask us to explain how we use your data.
- You have a right to object to processing of your personal data. You have an absolute right to stop your data being used for direct marketing. In other cases where the right to object applies, we may be able to continue using your data if we have a compelling reason for doing so.
- If we are relying on consent as the lawful basis to process your data you can withdraw your consent at any time, and we will stop further processing.
- You have a right to request the restriction or suppression of your personal data.
- You have a right to have your personal data erased, if we no longer have a legitimate use for it. This right is sometimes called the ‘right to be forgotten’.
- You have a right to rectification of your personal data if the information we hold in relation to you is inaccurate or incomplete.
- You have a right not to be subject to any decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. You can request human intervention or challenge any solely automated decision-making that significantly affects you.
If you would like to request access to your personal data or exercise any of your other data protection rights, please contact the Information Governance Team:
Information Governance
Redcar and Cleveland Borough Council
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
Email: InformationGovernance@redcar-cleveland.gov.uk
Telephone: 01642 774 774
You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.