Licensing Privacy Notice
Licensing Privacy Notice
Data Controller
The Data Controller of the information being collected is Clackmannanshire Council.
Data Protection Officer
The Data Protection Officer can be contacted at Kilncraigs, Greenside Street, Alloa, FK10 1EB, e: dpo@clacks.gov.uk.
Purpose
Your information is being collected to use for the following purposes:
- evaluate your application and determine your eligibility for the licence you have applied for in accordance with the relevant statutory requirements;
- allow us to determine what, if any, further information may reasonably be required by us to carry out a fair and thorough evaluation of your application;
- verify the criminal convictions and offences personal information provided by you;
- monitor compliance;
- communicate with you and inform you of the outcome of your application;
- prevent and detect crime within the licensing process;
- secure public safety; and
- protect and defend our legal rights in the case of a dispute between us.
- to be published on a public register in compliance with the relevant statutory requirements
Legal Basis
Data protection laws require us to have a legal reason for holding and using your personal information.
Our legal reason is to exercise a task carried out in the public interest or in the exercise of the official authority vested in us with regard to the evaluation of applications received for Alcohol Licences and Civic Licences including:
- Alcohol Licences (including Personal, Premises, Occasional and Extended Hours Licences)
- Transfer of Premises Licence
- Gambling applications
- Taxi Driver’s Licence and Taxi Vehicle Licence
- Private Hire Driver’s Licence and Private Hire Vehicle Licence
- Skin Piercing and Tattooing Licence
- Window cleaner’s Licence
- Public Entertainment Licence (including Temporary Public Entertainment Licence)
- Street Trader Licence
- Market Operator’s Licence
- Cinema Licence
- Animal Welfare Licences
- Short Term Let Licences
All licensing applications and the subsequent processes are governed by statute in terms of:
- Licensing (Scotland) Act 2005
- Civic Government (Scotland) Act 1982
- Cinemas Act 1985
- Animal Welfare (Licensing of Activities involving Animals) (Scotland) Regulations 2021
- Animal Boarding Establishments Act 1963
The Council is the licensing/registration authority. We also hold and use your personal information to comply with other legal and regulatory obligations that apply to us as a council.
Information sharing
Your information will be shared with the following recipients or categories of recipient depending on the type of licence you apply for:
- statutory consultees;
- Police Scotland;
- Scottish Fire and Rescue Service;
- the Scottish Government;
- other departments within the Council;
- licensing board;
- regulatory committee;
- local licensing forum;
- medical practitioners carrying out medical checks on our behalf;
- veterinary practitioners carrying out animal welfare roles in connection with animal licensing applications;
- other local authorities; and
- statutory registers.
Where the information is held
Your information will be transferred to and stored in the following countries and the following safeguards are in place: We do not transfer your information out with the UK.
Retention
We will only keep your personal information for as long as we need to for the purposes described in this notice, including to meet any legal, accounting, reporting or regulatory requirements. More information is contained in our data retention policy, which is available by contacting our DPO.
Automated decision making
The following automated decision-making, including profiling, will be undertaken: Not applicable.
Data subject rights
Please note that you have the following rights:
- To see any information held about you by making a subject access request.
- To withdraw consent at any time, where the legal basis for processing is consent.
- To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
- To request rectification or erasure of your information, where data protection legislation allows this.
If you wish to exercise any of your rights, please contact the Data Protection Officer.
Right to complain
If you are unhappy with the way the Council have processed your personal data you have the right to complain. Any complaints regarding your data should be addressed to the Data Protection Officer.
If the matter is not resolved, you can contact the Information Commissioner’s Office.
- Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
t: 0303 123 1113 (local rate) or 01625 545 745