Name: Licensing Act 2003 Privacy Notice
Description: Licensing Act 2003 Privacy Notice

Licensing Act 2003 Privacy Notice

Privacy Notice for Licences issued under the Licensing Act 2003

We have a statutory duty to regulate the sale of alcohol, late night refreshment and the provision of entertainment under the Licensing Act 2003.

Processing activity - in order to undertake our Licensing Act 2003 functions, it is necessary for us to collect and hold personal information. In general terms, we process personal information relating to:

  • applications for and issue of premises licences
  • applications for and issue of provisional statements
  • applications for and issue of personal licences
  • applications for and issue of club premises certificates
  • applications for variations/minor variations of premises licences
  • applications for transfer of premises licences
  • applications for variations of designated premises supervisors
  • applications for variations/minor variations of club premises certificates
  • submission of temporary event notices (TENs) and late temporary event notices
  • submission of interim authority notices
  • applications for the mandatory alcohol condition requiring a designated premises supervisor
  • in respect of a premises licence to be disapplied
  • requests to cease being the designated premises supervisor in respect of a premises
  • applications for review of premises licences or club premises certificates
  • notifications of interest in a premises
  • appeals against refusal of a licence
  • general correspondence between you and us on matters related to the licensing service
  • instigation of legal proceedings
  • consultations on policies
  • complaints and enforcement action taken against a premises or club premises

Information requirements - our processing activities may include:

  • name, address, email, telephone number
  • place and date of birth
  • NI number
  • eligibility to remain and/or work in the UK
  • company/corporate information including details of director and registration details
  • passport-style photograph
  • information (current and/or previous) relating to criminal convictions, criminal proceedings, sentences , formal cautions, endorsements
  • relevant licensing qualifications
  • licensing history (such as details of licences previously held with other licensing authorities, the outcome of these applications, any formal or informal enforcement action taken and/or the outcome of any such action)
  • address, email and telephone number of premises or club premises
  • non-domestic rateable value of premises or club premises
  • representations received during the consultation period (on policies)

Lawful bases1- our lawful bases for processing your personal information are:

  • our legal obligation(s) under the Licensing Act 2003
  • our legal obligation(s) under the Immigration Act 2016
  • in the public interest or in the exercise of official authority vested in us (in accordance with the legislation referred to above)

Reasons for processing - some of the information that is collected and shared is classified as

  • special category personal data;
  • criminal convictions and offences (including alleged offences).

This is processed for reasons of substantial public interest under the law that applies to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.

Data sharing - to aid with the detection and prevention of criminal acts, we may collect from and share your information with:

  • council department(s)
  • councillor(s)
  • responsible authorities under the Licensing Act 2003
  • Home Office
  • Cabinet Office (National Fraud Initiative)
  • courts/tribunals
  • insurance agencies
  • Member of Parliament
  • Kent Police
  • Kent Fire & Rescue Service
  • Kent County Council
  • Metropolitan Police
  • London Transport Police
  • Retail Security Group D-TAC
  • National Probation Service
  • Crown Prosecution Service
  • Border Force
  • HM Revenue & Customs
  • Trading Standards

We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent & Medway Information Agreement for further details on our sharing arrangements.

Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept in accordance with the retention period(s) referred to in the Information Asset Register (Enforcement & Regulatory Services) unless exceptional circumstances require longer retention eg: a pending court case. All information will be held securely and disposed of confidentially.

Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.

Please refer to our Corporate Privacy Notice for further details of how we process your personal information and for details on your additional rights.

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1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information

GDPR Privacy Notice for Licences issued under the Licensing Act 2003

Last Updated: 03rd March 2020