Licensing privacy notice

Who we are and what we do

Elmbridge Borough Council, is a licensing authority. We collect, process and store personal information about you in order to carry out our statutory licensing functions such as processing your application for a licence. We also use the data in our licensing database for other purposes, including the performance of our enforcement duties and to monitor compliance with the terms and conditions of licences we grant.

You should read this general licensing privacy notice in addition to our corporate privacy notice covering all services and the individual privacy notices for each application type.

What we need

We usually only collect basic personal data about you, including your name, address, and contact details. However, if you apply for a specific type of licence, or if you already hold a licence and there is a concern about your physical fitness or criminal convictions, we may need to collect additional information about your medical and criminal history. If you choose to pay by Direct Debit, we will also collect some financial information from you.

We collect information from you when you fill in one of our application forms, or contact us about your application or licence, either in writing, over the phone or face-to-face.

We may sometimes obtain information about you from third parties (such as the police, the public and other council or government departments) where this is necessary in order to administer your application and enforce your licence.

Why we need it

We use your personal information in order to administer our statutory licensing functions under but not limited to, the following legislation:

  • Licensing Act 2003

  • Gambling Act 2005

  • Local Government (Miscellaneous Provisions) Act 1976

  • Local Government (Miscellaneous Provisions) Act 1982

  • Town Police Clauses Act 1847

  • Police, Factories etc. (Miscellaneous Provisions) Act 1916

  • House to House Collections Act 1939

  • House to House Collections Regulations 1947

  • Scrap Metal Dealers Act 2013

The processing of your information is necessary for compliance with our legal obligations contained in these Acts.

Who your information may be shared with

We may share your information with other Council departments and connected agencies to the extent permitted by law. This will include the processing of your personal data if that is necessary for the performance of a task carried out in the public interest. We will comply with the statutory Data Protection Principles and we may share your information for the following purposes:

  • The administration of justice (including the prevention or detection of crime, such as fraud)

  • The exercise of statutory enforcement functions (such as the investigation of criminal offences or breaches of licence conditions)

  • Where we are required to by law (such as where lawfully required to by the police or Her Majesty’s Revenues and Customs)

  • Improving efficiency and the standard of services we offer

We may also share data with companies who undertake data matching exercises to prevent and detect fraud, for example to check licence holder records against benefit claimants. We participate in the cabinet office’s national fraud initiative.

The Council sometimes works with third-parties to deliver certain services or carry out statutory functions on our behalf. Where this is the case, we may share your personal information with these third-parties for these purposes. We will always ensure that your information is kept secure, only used for these purposes and not disclosed further unless required by law.

On occasions, your information may be accessed by internal and external Information Technology (IT) support organisations in the delivery of IT support for both the IT infrastructure and associated systems, for the processes detailed in this privacy notice. Access by IT support will only be for such reasons as support and fixing any technical issues with software, and any viewing of data will only be incidental to these purposes.

How long we keep it

If you apply for a taxi or private hire licence, house to house collection licence or street collection permit and your application is unsuccessful, we will retain your data for six years from the date of the final decision on your application.

If we grant your application, we will retain your data for the period of the licence or permit and a further six years.

If you make any application under the Licensing Act 2003 or Gambling Act 2005 (even if the application is unsuccessful) we will retain your data for the period of the licence plus six years.

We have legal authority to process your information; your right to be forgotten does not apply to these functions and services.

What are your rights and further information

Please refer to our corporate privacy notice.

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