Privacy Notice for Licensing

Information about our privacy notice and how the Royal Borough of Kensington and Chelsea’s Licensing team processes your data in accordance with legal requirements.

The Royal Borough of Kensington and Chelsea (“a data controller”) is committed to protecting the privacy and security of your personal information.

The Licensing Team are responsible for the processing of applications and payments for the licences, certificates and notices provided under the following legislation. They are also responsible for ensuring holders of these authorisations remain compliant with the relevant legislation and any associated conditions:

• The Licensing Act 2003
• The Gambling Act 2005
• The Health Act 2008
• The London Local Authorities Act 1991 – Special Treatments
• The London Local Authorities Act 1995 – Near Beer
• The London Local Authorities Act 1996 – Occasional Sales
• Sunday Trading Act 1994
• Animal Boarding Establishments Act 1963
• Animal Welfare Act 2006
• Breeding of Dogs Act 1973
• Dangerous Wild Animals Act 1976
• Performing Animals (Regulation) Act 1925
• Pet Animals Act 1951
• Riding Establishments Act 1964
• Zoo Licensing Act 1981
• Explosives Act 1875
• Fireworks Act 2003
• The Manufacture and Storage of Explosives Regulations 2005
• The Explosives Regulations 2014
• The Greater London Council (General Powers) Act 1982
• Immigration Act 2016
• The Scrap Metal Dealers Act 2013

To make sure that licensable activities are carried out in the public interest we must operate according to the provisions of these Acts of Parliament.

To enable us to process applications and payments and ensure continued compliance with the above authorisations, we collect, store and process personal and sensitive information about individuals and businesses.

To enable us to accept and investigate complaints or enquiries in relation to the above authorisations we will also collect, store and process personal information about individuals and businesses. This information enables us to carry out the specific functions that we are responsible for in line with the different sets of legislation.

Our core obligations under the general data protection regulations (GDPR) and commitments are set out in the Council’s Primary Privacy Notice.

This notice provides additional privacy information for:

• Applicants
• Existing Licence / Certificate Holders
• Members of the Public (Complainants)
• Other Persons or Interested Parties (as defined by the Licensing Act 2003 and the Gambling Act respectively)

It describes how we collect, use and share personal information about you:

• Before, during and after your relationship with us ends and
• The types of personal information we need to process, including information the law describes as ‘special because of its sensitivity.

It is important that you read this notice, together with any other privacy information, so that you are aware of how and why we use your personal information.

We collect Special Information;

The law treats some types of personal information as ‘special’ because the information requires more protection due to its sensitivity. This information consists of:

• Racial or ethnic origin
• Sexuality and sexual life
• Religious or philosophical beliefs
• Trade Union membership
• Political opinions
• Genetic and bio-metric data
• Physical or mental health
• Criminal convictions and offences

Purpose(s)

• The main purposes for which we may process your personal information are:
• The processing of licensing applications (including inspections / advisory visits)
• The processing of payments in relation to licensing functions
• To investigate relevant complaints or enquiries
• To carry out pro-active enforcement activities to ensure compliance
• To allow us to communicate and provide relevant information in relation to licensing changes
• To keep a public register in relation to the authorisations which we have issued.
• For the prevention and / or detection of fraud and / or crime
• To fulfil a legal obligation

Categories of personal data

In order to carry out activities and obligations as the Licensing Team we may process personal information in relation to:

• Personal contact details, such as names (including previous names), title, addresses, telephone numbers and personal email addresses.
• Personal demographics including data or birth, gender.
• Other contact details, such as names, addresses, telephone numbers and personal email addresses.
• Other information, such as national insurance number, nationality, evidence of entitlement to work in the UK, payment information.

Special Categories

• Offences (including alleged offences), criminal proceedings / investigations, outcomes and sentences.

The legal basis we rely on for processing your personal information are:

• The Acts of Parliament listed above

If we intend to use your information beyond legal obligations or to exercise specific rights, we will seek your consent to process your information and full guidance will be provided.

Automated decision-making

All the decisions we make about you involve human intervention.

Cookies

To find out how we use cookies please see our cookie notice.

Data sharing

In addition to the general reasons for information sharing described in the Council’s Primary Privacy Notice, we may share your information with:

• Applicants
• The Police
• Responsible Authorities (as defined by the Licensing Act 2003 and the Gambling Act 2005)
• Internal Council Departments
• Licensing Sub-Committee
• Other Local Authorities
• Home Office
• HM Revenue and Customs
• Other organisations, where the disclosure is necessary for the purposes of the prevention and / or detection of crime
• When the law requires us to pass on information under special circumstances, crime prevention or the detection of fraud as part of the National Fraud Initiative.

We also collect or receive information from external parties such as:

• Members of the Public
• Internal Council Departments
• The Police
• Other Local Authorities
• Home Office
• Responsible Authorities (as defined by the Licensing Act 2003 and the Gambling Act 2005)
• ’Other Persons’ and ‘Interested Parties’ (as defined by the Licensing Act 2003 and the Gambling Act 2005 respectively))
• Elected Members of the Council
• Disclosure and Barring Service (DBS)

Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.

We must continue to retain necessary information in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.

Rights of access, correction, erasure and restriction

You have the right

• To ask for your information and there will not be a charge for you to do so. This is known as a subject access request and we act in accordance with this policy.
• To ask for your information to be corrected if it is inaccurate or incomplete.
• To ask for your information to be deleted or removed where there is no need for us to continue processing it (right to be forgotten).
• To ask us to restrict the use of your information.
• To ask us to copy or transfer your information from one IT system to another in a safe and secure way without impacting the quality of the information.
• To object to how your information is used.
• To challenge any decisions made without human intervention (automated decision making).

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is in our view unreasonable or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

Right to withdraw consent at any time

Where the legal reason for processing your personal information is based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of our processing prior to the withdrawal of your consent.

If you do not provide consent, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations as detailed above. If you wish to withdraw consent you should contact the Licensing Team via [email protected] who will process your request as a matter of priority.

Your rights

In addition to the above you have legal rights in relation to your personal information. You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation.

Full details are contained within the Council’s Primary Privacy Notice and should be read before consenting to this document.

To ask for access to your information you should submit a subject access request

Data Protection Officer

If you wish to raise a concern or discuss any aspect of this notice, please contact our Data Protection Officer

If you are unhappy with the way that we handle your concern you may complain to:

Tel: 0303 123 1113

The Information Commissioner's Office deals with concerns and complaints relating to data protection (GDPR) and freedom of information legislation.