Dudley Metropolitan Borough Council is committed to protecting your personal data and ensuring that it is processed fairly and lawfully.
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:
Licensing Act 2003 Gambling Act 2005 Health Act 2008 Sunday Trading Act 1994 Immigration Act 2016 Scrap Metal Dealers Act 2013 Local Government (Miscellaneous Provisions) Act 1976 Local Government (Miscellaneous Provisions) Act 1982 Police, Factories, & c. (Miscellaneous Provisions) Act 1916 House to House Collections Act 1939 Town Police Clauses Act 1847 Public Health Act 1875
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 Notice http://www.dudley.gov.uk/privacy-disclaimer-statement/.
• Name • Address • Phone Number • Email Address • Date of birth • Medical information • Driver licence information and history • Criminal conviction information and complete history (please note that the Rehabilitation of Offenders Act 1974 does not apply to the taxi trade, and no conviction is therefore ever considered to be spent) • Proof of your right to work and reside in the United Kingdom • Certificate of Good Conduct from any other Countries
Please note that all the above information is collected in relation to an application for a drivers’ licence. A lesser amount of personal information is required prior to the grant of a vehicle or operator licence.
We have a statutory duty under the Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847 (and associated regulations and amended legislation) to ensure that those we licence are fit and proper persons. To deliver these we need to collect and use personal information of those using or affected by these services.
The West Midlands Police and Other Police Forces/Enforcement Agencies - From time to time we get requests from the police for information that will assist them in investigating and preventing crime. We can share your information with the police if the law allows us too.
Councillors who sit on the Council’s licensing committees – Where we refer your application or licence (in the case of a review) to the Council’s licensing committees for determination.
Publicly available – we are required to hold some of your data in Public Registers. The information that is in the register is set down in the legislation
Council Departments who requires access to your information for the purpose of administration, regulation and law enforcement. From time to time we may share your information with other Council Departments if the law allows us to do so
Cabinet Office (as part of the National Fraud Initiative). We have a legal duty to submit information to the Government as part of the National Fraud Initiative (NFI).You can read about the type of information we have to disclose to the NFI on their website
HM Revenue & Customs - we have a statutory duty under schedule 23 of the Finance Act 2011 to submit returns to the HMRC . National Anti-Fraud Network (NAFN) – we share information with NAFN as part of the national database of taxi and PHV driver licence refusals, and revocations
Department for Transport – we will share some information with the DFT for statistic purposes. This would not normally include personal or sensitive information
Department for Environment, Food & Rural Affairs – we share information with DEFRA as required by The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019. The information we are required to share with DEFRA includes: Vehicle Registration Mark, the start and expiry date of the vehicle licence, whether the vehicle is a taxi or PHV, the name of the licensing authority, the licence plate number and an indication of whether it is a wheelchair accessible vehicle. DEFRA may, under contracts or similar agreements, use third party organisations to process your personal data in connection with the purpose described. These organisations will not be able to use your data for any other purpose and will be required to meet the requirements of data protection legislation and government’s security standards.
Applicants and existing drivers
The Disclosure and Barring Service – to check if you are eligible to hold a licence
The Driver and Vehicle Licensing Agency (via gov.uk website) to view your driving record, for example vehicles you can drive and/or to check your penalty points or disqualifications.
Other licensing authorities whom you may have held a licence with Medical professionals and practitioners responsible for certifying your fitness to hold a licence
Licensed operators
We only keep information for as long as it is needed. This will differ according to what information we hold and its purpose. It will be based on either a legal requirement (where a law says we have to keep information for a specific period of time) or accepted business practice.
We keep the following information for the following periods: Information submitted as part of an application - 7 years after the date in which the application is refused
Information held in respect of a licence - 2 years after the date from which the licence ceases to be held
Information received as part of an enforcement investigation – for a minimum of 7 years and then for only so long as may be necessary to inform a decision to protect the public
Information held on the NR3 database will be held for a period of 25 years
Full details are available on the Council’s Information Asset Register.
We store this information in computers systems, which can only be accessed by password. The systems we use have security features that means we can limit information that officers can access. This means that only officers needing to use your data for the purpose intended can access it.
If you don’t provide us with your information we will not be able to assess your application and you may not be granted a licence.
No
You have a number of rights regarding your personal data, including withdrawing your consent where we have asked for it. You can also ask for a copy of the information we hold about you and ask us to correct anything that is wrong.
