Licensing - Privacy Notice

This Privacy Notice is designed to help you understand how and why the Licensing Team at Selby District Council processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.

Who are we? 

Selby District Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The Licensing Team are responsible for administering and managing licensing for establishments across the District. We are responsible for the licensing of the following: 

•    Taxi and private hire vehicles, drivers and operators
•    Licensed premises (alcohol) and individuals under the Licensing Act 2003 
•    Premises under the Gambling Act 2005
•    Scrap metal providers
•    Small lotteries
•    Animal Boarding
•    Sex establishments
•    Hypnotism 
•    Street Trading
•    Caravan Parks 
•    Boatman Licenses 
•    Tattoo, piercings and electrolysis 
•    Environmental Permits 
•    Acupuncture 
•    Water Sports 

Environmental Health carry out inspections for some of the above licenses. For information pertaining to this, please also see their service specific privacy notice. 

The Council has appointed Veritau to be its Data Protection Officer. Their contact details are:

What personal information do we collect?

The Council will collect the following personal information:
•    Name
•    Address
•    Date of Birth
•    Contact details
•    Nationality
•    National Insurance Number
•    Financial information including payment information
•    Right to work documentation (e.g. passport, birth certificate) 
•    Insurance details
•    Vehicle Registration Numbers (for taxi licensing)

The Council may also collect and process special categories of personal data such as:
•    Disclosure and Barring Service (DBS) checks which will include criminal conviction history. Results from an enhanced DBS check will be collected for taxi/ private hire vehicle drivers and basic DBS checks are conducted for licenses under the Licensing Act 2003, street traders and those holding licenses in relation to animals. 
•    Medical information about mental or physical health (for the licensing of taxi and private hire vehicle drivers);

Why do we collect your personal information? 

We will process for your personal data for the following purposes:
•    To assess new license applications and allow for public consultation/comment 
•    To conduct relevant checks to assess eligibility for a license 
•    To manage existing licenses issued by the Council and ensure current license holders remain eligible for their license such as ensuring taxi/private hire drivers remain fit and proper for their role
•    To maintain a public register of license holders (where applicable) and make these available to the public 
•    To conduct inspections of licensed premises where necessary 
•    To manage complaints submitted by the public in relation to licensed premises. 

Who do we obtain your information from?

In addition to information collected from the license applicant, within the Council, we may collect your information from the following parties:
•    Environmental Health
•    Disclosure and Barring Service, 
•    NHS (GP’s) 
•    DVLA, 
•    National Anti-Fraud Network
•    Police,
•    North Yorkshire County Council
•    Trading Standards
•    Highways 
•    RSPCA

Externally from the Council, depending on the nature of the license, we may collect information from the following parties (where appropriate):
•    Disclosure and Barring Service (DBS)
•    NHS (GP’s)
•    North Yorkshire County Council 
•    Trading Standards 
•    RSCPA 
•    Highways England 
•    The Environment Agency 

Specifically for Taxi Licensing, we will make checks on the National Anti-fraud Network Database for any previous refusals and revocations of hackney carriage and private hire licences. We will also share information with the DVLA. 

Who do we share this information with?

Within Selby District Council, we may share information with the following internal departments: 
•    Environmental Health
•    Enforcement
•    Finance and Billing.
•    Planning

External to the Council, we may share information with the following: 
•    Government departments such as the Home Office, HMRC, Department for Environment Food & Rural Affairs (Defra), and the Department for Work and Pensions (DWP), Disclosure and Barring Service (DBS) 
•    Crime Prevention Agencies such as the Trading Standards or the Police.
•    North Yorkshire County Council
•    NHS (GP’s)
•    North Yorkshire County Council 
•    RSCPA 
•    Highways England 

Specifically for Taxi Licensing, we will make checks on the National Anti-fraud Network Database for any previous refusals and revocations of hackney carriage and private hire licences. We will also share information with the DVLA. 

How long do we keep your information for?

Data held    Retention period
Alcohol/Entertainment Establishments and Personal Alcohol Licence Holders  - information is held for six years after surrender of the license
Animal Licensing Establishments information is held for the time of the license only
Street Trading Establishments information is held for six years after surrender of the license
Gambling Establishments information is held for the time of the license only
Taxi Licenses information is held for six years after surrender of the license
Environmental Permits information is held for six years after surrender of the license
Tattoo, Piercing, and Electrolysis Establishments information is held for six years after surrender of the license
Caravan Park and Campsite Licences information is held for six years after surrender of the license

What is our lawful basis for processing your information?

Selby District 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. When processing criminal conviction information (when undertaking DBS checks for Taxi/Private Hire drivers), processing meets Schedule 1 of the Data Protection Act 2018 as below:

•    (6) Statutory and Government purposes 

UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest. When processing criminal conviction information (when undertaking DBS checks for licenses under the Licensing Act 2003, street traders and those holding licenses in relation to animals.), processing meets Schedule 1 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 a basis in law), 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:

Scrap Metal
•    Scrap Metal Dealers Act 2013
•    Scrap Metal Dealers Act 2013; Supplementary guidance
Hypnotism 
•    Hypnotism Act 1952
Taxis:
•    The Local Government Act 1972
•    Local Government (Miscellaneous Provisions) Act 1976
•    The Equality Act 2010
•    Local byelaws
•    DFT’s statutory standards for taxi and private hire vehicles 2020
•    Taxi and private hire vehicle best practice guidance
Licensing Act
•    Licensing Act 2003
•    Deregulation Act 2015
•    Section 182 guidance
Gambling 
•    Gambling Act 2005
•    Guidance for Licensing Authorities
Animal licensing
•    The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
•    Zoo Licensing Act 1981
•    Dangerous Wild Animals Act 1976
•    Statutory guidance Animal Activity licensing process; statutory guidance for local authorities
Street Trading
•    Local Government (Miscellaneous Provisions) Act 1982
Pavement Licensing
•    Business and Planning Act 1982
•    Local Government (Miscellaneous Provisions) Act 1982
Sex Establishments
•    Local Government (Miscellaneous Provisions) Act 1982
Street Collections and House to House Permits
•    House to House Collections Act 1939
•    Police, Factories, etc, (Miscellaneous Provisions) Act 1916
Tattoo, Piercings, Electrolysis and Acupuncture  
•    Local Government (Miscellaneous Provisions) Act 1982, Sections 14 to 17
Pleasure Boats 
•    Public Health Acts Amendment Act 1907
Caravan Park and Campsite Licences
•    Caravan Site Act 1968
Environmental Permits 
•    Scrap Metal Dealers Act 2013

For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.