Dudley Council
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Sex Establishment Licensing Privacy Notice

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/.

What information do we collect?

Name and address
Date of birth
Place of birth
Date became resident in the UK
Telephone numbers
Criminal convictions and cautions *

* Special Category Data

The law treats some types of personal information as ‘special’ because the information requires more protection due to its sensitivity. This information consists of:

• Racial or ethnic origin
• Sexuality and sexual life
• Religious or philosophical beliefs
• Trade Union membership
• Political opinions
• Genetic and bio-metric data
• Physical or mental health
• Criminal convictions and offences

Why do we collect this information?

In relation to applications for a Sex Establishment Licence we will process your personal data to determine whether the application submitted meets the statutory requirements for such an application and if it does it may be granted.  If it does not, a refusal decision will be issued by the Council.  When the consent is granted it authorises licensable activity under the Local Government (Miscellaneous Provisions) Act 1982.  Relevant details of this consent are included in the Public Register.  The Council may create extracts from the register from time to time.

What is the legal basis for processing your personal information?

It is processing this personal data by virtue of the following Lawful Basis:

• Compliance with a legal obligation
• Performance of a task carried out in the public interest or exercise of official authority
• And for Special Category Data – information is required by legislation and is provided by the applicant to support the application


Who are we likely to share this information with?

Personal data provided for Sex Establishment Licence may be shared with, or obtained from the following organisations (in addition to any other disclosure required by a Court of Law or in response to a valid request by, normally, a law enforcement agency:

• Statutory Consultees (as defined by legislation)
• Public Notice Responses
• Ward Councillors
• Other Council Services
• Other organisations, where the disclosure is necessary for the purposes of the prevention and / or detection of crime

How long do we keep this information?

Your personal data will be held by/for the Council within the UK or the EU. The personal information you provide will be held for the duration of your licence from the date of receipt, after which it will be securely destroyed 5 years after the expiry, surrender or revocation of your final licence, in line with our retention policy (except in the event of an appeal or judicial inquiry, in which case it will be retained for as long as is required to determine these matters).  Any complaint/issues raised about the Licence are retained for 5 years before being destroyed.  The Public Register will be retained permanently.

How do we keep your information secure?

We have a range of measures to protect the personal data you provide. These include: cyber security, physical security of the Council’s buildings and training on Data Protection for staff. Electronic information is stored securely on databases, systems or internal drives and paper information is stored in locked storage.

What are your rights?

You have the right to request Dudley Council to stop processing your personal data in relation to any council service. See our main privacy notice for details. Your rights are detailed in the Council’s Corporate Privacy Notice http://www.dudley.gov.uk/privacy-disclaimer-statement/
Should you wish to raise any concerns about how we have processed your personal data you can contact the data protection officer, email information.governance@dudley.gov.uk.

You also have the right to contact the Information Commissioner.

If you would like a copy of this information in a different format, please email information.governance@dudley.gov.uk