Licensing, Food and Safety Team privacy notice

This privacy notice should be read in conjunction with Colchester City Council’s Privacy Policy.

The council is responsible for granting and enforcing a wide variety of licenses, certificates, permits and notices across the city of Colchester. This privacy notice give details on the levels of personal information collected and processed covering alcohol and entertainment, gambling and betting, taxi and private hire, animal licensing, food safety and health and safety.

Alcohol and entertainment

The licensing team cover all licensable activities and inspections in the city in relation to businesses and individuals who wish to have a licence under the Licensing Act 2003.

Information collected

Personal information around the applicant, licence holders, business owner and the DPS (designated premises supervisors) including:

• Name
• Address
• Telephone number
• Email address
• Date of birth
• National insurance number 
• Photographic image in relation to proof of ID 
• Financial information
• CRB (DBS) Data
• Personal licence number

Agencies we might share your information with

• Licensing committee
• Police
• The courts
• All responsible authorities
• Other Local Authorities

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The council has a legal obligation to grant and enforce licensing for alcohol and entertainment and it does this under the Licensing Act 2003. This includes premises licence applications, premises variations, minor variations, designated premises supervisors (DPS), personal licences, transfer/changes of business details and Temporary Event Notices. The above information is stored securely in ASSURE, our preferred IT Business Rates software management system.

When we collect your ‘special categories of personal data’, (such as health) we rely on the following legal bases under GDPR Article 9(2):

(g) processing is necessary for reasons of substantial public interest relating to the following conditions under Data Protection Act 2018, Schedule 1, Part 2:

• Statutory purposes (the exercise of our legal functions).
• Preventing or detecting unlawful acts.
• Protecting the public against dishonesty.
• Regulatory requirements relating to unlawful acts and dishonesty etc.
• Preventing fraud.
• Safeguarding of children and of individuals at risk.
• Safeguarding of economic wellbeing of certain individuals.

Length of time we keep your information

We will keep your information whilst there is an active licence. After this it will be disposed of securely. However, you do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting licensing.team@colchester.gov.uk.

Gambling and betting

Information collected

Personal data around the applicant, premises licence holder, business owner and Premises and Operator licence owner including:

• Name
• Address
• Telephone number
• Email address
• Date of birth
• Financial information

Agencies we might share your information with

• Licensing committee
• Police
• The Courts
• All responsible authorities

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The Council has a legal obligation to grant and enforce licensing for gambling and entertainment and it does this under the Gambling Act 2005. This includes premises licence applications, premises variations, transfer/change of business details, permits, notifications and lotteries.

Length of time we keep your information

We will keep your information whilst there is an active license. After this it will be disposed of securely. However, you do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting licensing.team@colchester.gov.uk.

Taxis and private hire

All personal information around applicant, driver and vehicle including:

• Name
• Address
• Telephone number
• Email address
• Date of birth
• Place of birth
• National Insurance number
• Financial information
• CRB (DBS) data
• Car registration number
• Other Vehicle related details
• Insurance
• MOT
• V5
• Utility bills
• Photo ID (passport, Driver Licence)
• All document pertaining to any application
• Group Two Medical information

Agencies we might share your information with

• Licensing committee
• Police
• The courts
• Essex County Council
• Other local authorities
• National Register of Taxi Licence Revocations, Refusals and suspensions (NR3s) 

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The council has a legal obligation to grant and enforce licenses for Hackney carriage and private hire vehicles. This includes applications and renewals operators, drivers and vehicles.

• Town Police Clauses Act 1847
• Local Government (Miscellaneous Provisions) Act 1976

When we collect your ‘special categories of personal data’ such as health, we rely on the following legal bases under GDPR Article 9(2): 

(g) processing is necessary for reasons of substantial public interest relating to the following conditions under Data Protection Act 2018, Schedule 1, Part 2: 

• statutory purposes (the exercise of our legal functions) 
• preventing or detecting unlawful acts 
• protecting the public against dishonesty 
• regulatory requirements relating to unlawful acts and dishonesty etc 
• preventing fraud 
• safeguarding of children and of individuals at risk 
• safeguarding of economic wellbeing of certain individuals 

Length of time we keep your information

We will keep your information whilst there is an active license. After this it will be disposed of securely.

Where we revoke a driver licence under fit and proper the name and details as to why will be held on record as the application for a driver licence is exempt from the rehabilitation of offenders act 1974. The name and details of the revoked or refused driver will be uploaded to the National Register of Taxi and Private Hire Licence Revocations and Refusals (NR3) and held for 11 years.

You do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting licensing.team@colchester.gov.uk.

Animal licensing

Personal details of applicant (to appear on licence), property details and animals kept:

• Name
• Address
• Telephone number
• Email address
• Date of birth
• Convictions under the act

Agencies we might share your information with

• Police
• The courts
• All responsible authorities where requested

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The Council has a legal obligation to grant and enforce licenses in relation to keeping, breeding and selling animals. We do this under a number of different Acts which include:

• The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
• Zoo Licence Application (The Zoo Licensing Act 1981)
• Dangerous Wild Animals Application (The Dangerous Wild Animals act 1976)

Length of time we keep your information

We will keep your information whilst you have an active license and for 6 years after the license has been revoked, expired or surrendered at which point it will be disposed of securely. However, you do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting food.team@colchester.gov.uk.

Food safety

The food safety team carry out inspection in the city in all food related outlets from small businesses to authorised processes they also deal with food poisoning, infectious diseases, food outbreaks and investigations. They also carry out licensing activities for animals, pleasure boats, caravan sites, tattooing, electrolysis and acupuncture. Personal details of applicant (to appear on licence), property details and animals kept are as follows.

• Name of business owner
• Business address
• Home address of business owner
• Contact details of business owner
• Contact details of persons involved in investigations such as food poisoning outbreaks
• Food handlers' information, qualifications, age and address
• Personal information
• Medical information in relation to food poisoning or infectious diseases
• Date of birth

Agencies we might share your information with

• Police
• The courts
• Food Standards Agency
• Public Health England
• Other Local Authorities
• Primary Authorities and the BEIS

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. The Food Safety team visit all food outlets in the city. We are required to collect the above information to ensure that they comply and we operate under the following laws/regulations:

• Food Safety Act 1990
• The Food Safety and Hygiene (England) Regulations 2013
• Regulation (EC) No178/2002
• Regulation (EC) No852/2004
• Regulation (EC) No853/2004

Length of time we keep your information

We will keep your information whilst you have an active license business and registration and for 2 years after the registration/business has closed or been transferred to a new owner at which point it will be disposed of securely. It should be noted that other processes such as Environmental Health Certificates will be kept for 12 years and Food Hygiene for 6 years. However, you do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting food.team@colchester.gov.uk.

Health and safety

The Health and Safety team carry out targeted Investigate accidents, investigate safety and welfare complaints, receive statutory inspection reports, and asbestos notifications in relation to businesses in the city in all businesses that Colchester City Council are the enforcing authority for. Personal details and business details are retained:

• Name of business owner
• Business address
• Home address of business owner
• Contact details of business owner
• Contact details of persons involved in investigations and accidents (name, date of birth)
• Medical information relating to the case

Agencies we might share your information with

• Health and Safety Executive
• Police
• The courts
• Other Local Authorities
• Primary Authorities and the BEIS
• CQC

The purpose and lawful basis for processing

The lawful basis for the processing of your personal data is legal obligation. As the Health and Safety Team, we are required to collect the above information to ensure that duty holders they comply with the relevant legislation, and we operate under the following laws/regulations:

• Health and Safety at Work etc Act 1974
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) made under the 1974 act

Other legislation

The Licensing, Food Safety Team carry out processes in relation to other licensable activities included below.

• Pleasure boat licence Public Health Amendments Act 1907
• Tattooing, electrolysis and acupuncture Local Government (Miscellaneous Provisions) Act 1976/1992 as amended
• Sex Establishments Local Government (Miscellaneous Provisions) Act 1982 as amended by the Police and Crime Act 2009
• Scrap Metal Site licence and Collectors licence Scrap Metal Dealers Act 2013
• Smoke Free, Health Act 2006
• Caravan Sites and Control of Devlopment Act 1960 
• House to House Collections Act 1939 
• Police, facilities etc (Miscellaneous Provisions) Act 1916 as ammended by the Local Government Act 1962 

Information collected

Personal information around the applicant, licence holder, business owner including:

• Name
• Address
• Business details
• Telephone number
• Email address
• Date of birth
• Financial information
• CRB (DBS) Data

Agencies we might share your information with

• Licensing committee
• Police
• The courts
• All responsible authorities
• Other Local Authorities
• Primary Authorities and the BEIS

Length of time we keep your information

We will keep your information whilst there is an active license, investigation or case. After this it will be disposed of securely. If there is a prosecution then the details will be kept indefinitely. However, you do have the right to contact us and ask for your information to be removed where there is no obligation or statutory requirement for it to be kept. You can exercise this right by contacting food.team@colchester.gov.uk or the licensing.team@colchester.gov.uk.

How we protect and store your personal data

We take the confidentiality of personal information very seriously and use recognised security and access controls to protect your information from unauthorised access, loss, misuse, alteration or corruption. We have procedures and processes in place to ensure that your personal information is managed appropriately.

Updates to this privacy notice

We will continually review and update this privacy notice to reflect changes in our processes and procedures, as well as to comply with changes in the law. When such changes occur, we will revise the "last updated" date on this notice. We encourage you to periodically review this notice and to be informed of how Colchester City Council is protecting your information.