Privacy Statement (Licensing)
Licensing - information we hold and process
This page explains how Guildford Borough Council uses your information to administer its obligations in relation to licensing requirements. This information applies to the administration of the following: Licensing Act 2003, Gambling Act 2005, Hackney Carriage & Private Hire vehicle and driver licensing, charitable collections, sexual entertainment venues, animal activity licensing, film classifications, street trading, pavement licensing, skin piercing & tattooing, stage hypnotism and scrap metal.
Personal information that we hold
- Contact details (this will include address, email address and telephone numbers)
- Date of birth
- National Insurance Number (where applicable)
- Details of any relevant convictions (this includes information from DBS checks which are returned to applicant)
- Outcomes of DBS checks
- Identity documents (we will destroy copies of bank statements and other proof of address documents once we have determined your application)
- Details of your nationality (where applicable)
- Proof of right to work in the UK (where applicable)
- Your driving licence details (DVLA or overseas) (where applicable)
- Employment history (where relevant)
- Details of knowledge tests taken and scores (drivers)
- Medical forms and supporting information (drivers)
- Vehicle details including registrations and mechanical tests, insurance documents etc (Hackney & Private Hire)
- Complaints made about persons, vehicles or premises and details of investigations
- Licences issued to you and premises and details included on them
- Information shared with us from other authorities or internal departments
- Details of persons making representations in relation to applications
- Details of any relevant qualifications held
- Evidence relating to enforcement actions which may include prosecutions and reviews and may make reference to individuals and include personal data.
- Details from payment cards used are encrypted and stored in accordance with requirements.
Using your information
Guildford Borough Council has a statutory duty to regulate matters captured within the regimes referenced above. The council is required to collect and hold your information in order to fulfil its obligations.
Right to work
We are required to verify your right to work status of all applicants. Where required we may make enquiries and verify information with the Home Office and the Department for Work and Pensions (DWP).
Qualifications and assessments
Where you have indicated to us that you hold qualifications or have passed assessments, we may make enquiries with the relevant bodies.
Where an online consent code for a DBS check is provided the Council will record information from the check where necessary to carry out its statutory functions. Where you apply for a paper certificate for a DBS check, we will securely retain the original copy of this check until your application has been determined. We will then return this check to you unless you request we destroy it for you.
We may share information with other council departments, for example we may share details of licensed vehicle drivers and owners to assist with on street compliance (this includes parking, smoking and littering offences). We may also share information with other internal departments including revenues and benefits, community safety and council tax enquiries for the purposes of them undertaking their functions.
The council has contracts with third party providers of services, such as for the application for DBS checks. Information will be shared to support the delivery of such services.
We may share information with other council departments, for example we may share details of licence holders to assist with on-street compliance (this includes parking, smoking and littering offences). We may also share information with other council departments including revenues and benefits, community safety and council tax enquiries.
When the council receives complaints regarding licensees, vehicles or premises, information provided may be stored. This may include social media postings, photographs and personal details.
The police may inform the council if you are arrested or charged with a criminal offence where there is a need to do so. We may use this information to decide if it is appropriate to consider action in respect of a licence or authorisation.
The council may share information with other local authorities and other partners to support the delivery of our statutory functions. Any information sharing is managed in accordance with relevant privacy and data protection legislation, including the Data Protection Act 2018.
When available, we will share details of any suspensions and refusals to a national database and provide details of such to other local authorities upon request as part of their application considerations.
The council receives and shares information from partners and other authorities relating to the on- going fitness and propriety of licensees and as part of the licensing process. These organisations include Surrey Police, DWP, DVSA, DVLA, Home Office and other local authorities. Any information shared is managed in accordance with relevant data protection legislation. Disclosures of personal data to law enforcement agencies are permitted by data protection legislation for the prevention or detection of crime, or the apprehension or prosecution of offenders. Each request for information will be considered on a case by case basis to ensure the request is carried out in accordance with guidance and statute.
Every two years, the council is required by law to disclose information regarding personal licence holders to the Cabinet Office (National Fraud Initiative).
We will not pass your information to any other organisation for marketing purposes without your consent. We will not sell data to third parties for this purpose.
If you contact us and we note your contact details need updating we will do this for you or contact you and advise you what steps you must take.
We may request information from Private Hire Operators regarding their day to day operators including records held.
Occasionally the council will provide data for trends and monitoring purposes to outside organisations. This information will not contain identifiable or personal data.
If you contact us by telephone your call may be recorded for training and monitoring purposes.
Limited information regarding licensees may be made available to the public where legislation requires such. This includes names of licence holders, details of licences including operating schedules and dates applications have been received. Such information will be provided via a public register when available. Statutory public registers form a permanent record held by the council. In some circumstances the council may publicise details of the name of a licensee that has had a licence revoked or has been subject of other enforcement action.
Where the licensing function publishes registers for which there is no statutory requirement to do so, consent will be sought from the licence holder prior to publishing such information.
Licensing hearings are conducted in public and form part of a public process. In all but a few circumstances they follow a public consultation. Those making representations in respect of applications should expect their name and address to accompany their representation which will be available in the public domain. The Act requires such information to be disclosed to the applicant (and licence holder if different from the applicant) prior to a hearing. The council may publish information relating to hearings into the public domain (including via the www.guildford.gov.uk website, this includes application forms, reference documents, and other information provided by parties to the hearing. Any such information will be published in redacted format except where statute specifies certain information should be made available (e.g. the provision of names and addresses of persons making representations in respect of public consultations including applications made under The Licensing Act 2003).
Information we provide to you
Where it is possible information will be provided to you in email format. Otherwise we will use standard post. If we need to contact you urgently we will telephone you. We will provide you with updates on applications via text messaging when this service becomes available.
Additional taxi information
The council has a statutory obligation to maintain a convictions register for drivers. This means that any live convictions relating to licensed drivers will be placed on a public register which must be made accessible to the public upon request. If an applicant makes a false declaration and convictions come to light, these will still be placed on the register. By making an application to the authority for a licence, you are consenting to this information being published.
We may request information from a testing centre regarding the testing of your vehicle and details of the results.
Where you apply for a DBS check, we may make enquiries with our contractor that undertakes this service provision for us to establish if a check has been applied for or has been completed and provided to you.
As from late 2019 the Licensing Authority will share information with DEFRA regarding licensed vehicles as required by the Air Quality (Taxi and Private Hire Vehicle Database) (England and Wales) Regulations 2019. The regulations have been made to facilitate the collection of data to be used for the purposes of improving air quality.
This means that the authority will regularly be required to send details of vehicles that we license in the Guildford area. Details sent will include vehicle registrations, plate numbers and if a vehicle is licensed as a Hackney or Private Hire vehicle. We are required to provide this information so that the Secretary of State can maintain a central register of vehicles. Details of vehicle registrations are not released into the public domain by this authority, however this information will be shared with DEFRA in order to comply with the legal requirement.
DEFRA will be the data controller in respect of the information that is going to be collected, processed and held. Guildford Borough Council will ensure that information shared with DEFRA is complete, accurate and up to date. We have been advised that the data will be retained for seven years with historical aggregated data being retained indefinitely for scientific purposes. Aggregated data means information which has been collated for monthly reports.
The Council shares the data of taxi and private hire drivers with the National Anti-Fraud Network (NAFN). Personal details for licensees and applicants are checked on the national database for the purposes of preventing fraud.
Data retention periods
The council will retain your data for the specific business purpose it has been requested for. It will then be securely destroyed.
If you have a concern about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner's Office at: https://ico.org.uk/concerns/