Purpose and lawful basis for processing
North Devon Council's licensing team collects and holds information about individuals:
- making an application for a licence (for various purposes as set out on this webpage)
- contributing to applications for licences and consultations on licences
- in respect of licence holders and variations to licences
- making enquiries and requests in respect of licences
- reporting alleged breaches of licensing
- making a complaint
- involved in enforcement action connected with licensing
This information is collected and processed pursuant to the following lawful bases:
Article 6(1)(c) of the GDPR, which allows us to process personal data where this is necessary for compliance with a legal obligation to which we are subject, this includes:
- Licensing Act 2003
- Gambling Act 2005
- Immigration Bill 2016
- Town & Police Clauses Act 1847
- Local Government (Miscellaneous Provisions) Act 1976
- Equality Act 2010
- Local Government (Miscellaneous Provisions) Act 1982
- Police & Crime Act 2009
- Police & Factories Act 1916
- Local Government Act 1972
- House to House Collections Act 1939
- Animal Welfare Act 2006
- Business and Planning Act 2020
Article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a local authority - this will be pursuant to the legislation referred to above in respect of which we are able to operate a public law function.
The personal data we process may include sensitive or other special categories of personal data such as racial or ethnic origin, mental and physical health, details of injuries and medication/treatment received. Criminal data may also be processed. Sensitive, special category and criminal data will only be processed if this is relevant to the investigation or application, for example determining whether an applicant is ‘a fit and proper person’ to hold a licence. The lawful basis we rely on to process such sensitive or special category information is article 9(2)(g) of the GDPR in that processing is necessary for reasons of substantial public interest. The public interest covers a wide range of values and principles relating to the public good, or what is in the best interests of society. We also rely on Schedule 1 part 2(6) of the Data Protection Act 2018 which relates to statutory and government purposes.
What we need
When we process an application, receive comments or enquiries they contain a variety of personal information. The types of personal information processed can include:
- Contact information – name, address, email address, telephone or mobile number, signatures
- Details of occupation
- Information about health, finances and lifestyle
- Information that is specific to the licence in question such as proof of identity, details of professional qualifications, vehicle registration documents, permits etc
- Photographic images
- Video recordings
- Information relating to expressed opinions in respect of an application or request for advice/information or an alleged breach of condition(s)/authorisation
What we do with it
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 provided by our contractor IDOX.
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 - these are available at https://licensing.northdevon.gov.uk/. This may include, for example but not limited to, your name, your business's details, licence number, expiry dates etc.
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.
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 our public tasks.
Notifications that an application has been made will be sent to statutory consultees; these may include a "responsible authority" as defined by and in accordance with the Licensing Act 2003 or 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 as standard 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.
How long we keep it
For information about how long we hold personal data, see our Retention Schedule.
What are your rights?
We are acting pursuant to our public task in respect of considering applications for and issuing licences. You therefore have the right to object to our processing of your personal data. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it. For more information on your rights see Your Rights.