Licensing Service Privacy Notice

Our core data protection obligations and commitments are set out in the Council’s Primary Privacy Notice.

This notice provides additional privacy information for:

• People accessing the Licensing Service
• Partners working with Trafford Council

Purpose(s)

We collect data in order to determine each applicant’s suitability for a licence and to ensure that they meet our criteria. We also collect data in order to correspond with licence holders as and when required.

The service processes and issues the following:

• Betting Premises
• Bingo Licence
• Casino Licence
• Club Machine Permits
• Club Premises Certificates
• Hackney Carriage Driver Licence
• Hackney Carriage Vehicle Licence
• House to House Collection
• Marriage venue approvals
• Personal Licences
• Premises Licences
• Private Hire Driver Licence
• Private Hire Operator Licence
• Private Hire Vehicle Licence
• Registration Alcohol licenced Premises Gaming Machine Permits
• Scrap Metal Site and Collector Licences
• Second Hand Goods Dealer Permit
• Small Society Lottery
• Street Collection Licence
• Street Trading Consents
• Street Trading Licence
• Temporary Event Notices

Enforcement Support Officers conduct enquiries and investigations into alleged breaches of Licensing laws.

The Licensing Team also collects data for new and existing taxi drivers in order for the authority to determine whether the person is/remains a ‘fit and proper’ to hold a private hire/hackney carriage drivers licence or a private hire operator’s licence.

Categories of personal data

In order to carry out these purposes we collect and obtain:

• Names
• Addresses
• Dates of birth
• Nationality
• Right to work status
• Telephone numbers
• Email addresses
• Vehicle registrations
• Medical conditions
• Convictions
• Police cautions
• Police Intelligence not resulting in a conviction
• Payment details (debit/credit card)
• Bank account number and sort code for Direct Debits
• Registered GP/Practice
• NI number
• DVLA licence number
• Photographs

Legal basis for processing

The legal basis for processing your personal information is: Licensing Act 2003.

Since November 2005 when the Licensing Act 2003 came into force, Trafford Council has been responsible for licensing premises where:

• Alcohol is sold by retail sale or supplied by a members club
• Entertainment is provided (music, dancing, cinemas, theatres, indoor sports, boxing and wrestling)
• Hot food is provided between 11pm and 5am

Our duties under the statutory guidance issued by the Secretary of State under section 182 of the Licensing Act 2003 are to ensure that applicants/licence holders of alcohol and entertainment licences meet the four licensing objectives:

• The prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• The protection of children from harm

Taxi licensing

For taxi licensing, we have a statutory duty to protect the public and ensure that drivers and operators are fit and proper and that only suitable and safe vehicles are licensed as private hire or hackney carriage vehicles.

It is our statutory duty to license drivers, vehicles and operators to provide safe hackney carriage and private hire transport services for the public under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847.

Gambling Act 2005

The Gambling Act 2005 came into effect on 1 September 2007 and extends local authority responsibilities to include the licensing of premises where gambling takes place and issuing permits for other gambling.

The Gambling Act contains three licensing objectives which underpin the function of the local authority and the Gambling Commission. These objectives are central to the regime. They are:

• Preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to support crime.
• Ensuring that gambling is conducted in a fair and open way.
• Protecting children and other vulnerable persons from being harmed or exploited by gambling.

Other legislation

The Enforcement Support Officers are also authorised to act under the following legislation:

• Licensing Act 2003
• Gambling Act 2005
• Local Government (Miscellaneous Provisions) Act 1976
• Local Government (Miscellaneous Provisions) Act 1982
• Town and Police Clauses Act 1847
• Greater Manchester Act 1981
• House to House Collections Act 1939
• The Hypnotism Act 1952
• Police Factories, Etc (Miscellaneous provisions) Act 1916
• The Marriages (Approved Premises) Regulations 1995
• The Scrap Metal Dealers Act 2013
• The Equality Act 2010
• Public Health (Control of Disease) Act 1984(a)
• The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020

Under the General Data Protection Regulation, the licensing service collects and uses this information under powers given to local authorities. The following categories of lawfulness apply:

• 6(1)(c) Processing is necessary for compliance with a legal obligation
• 6(1)(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

Consequences if information is not provided

If you do not provide certain information when requested, we may be restricted in the prevention and detection of crime.

Information sharing/recipients

We may share personal information about you with the following types of organisations:

Police, other Local Authorities, Central government bodies such as Her Majesty’s Revenue and Custom (HMRC) and DEFRA, Solicitors, Court, other departments within the council, National Anti-Fraud Network (NAFN), Gambling Commission; Disclosure & Barring Service (DBS); and NR3 The National Register of Taxi Driver Refusals and Revocations.

NR3S - The National Register of Taxi Driver Refusals, Revocations and Suspensions.

The licensing authority provides information to the National Register of Taxi Licence Refusals, Revocations and Suspensions (NR3S), a mechanism for licensing authorities to share details of individuals who have had a hackney carriage or Private Hire Vehicle (PHV) licence revoked or suspended, or an application for one refused. This is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the licensing authority – that is, assessing whether an individual is a fit and proper person to hold a hackney carriage or PHV licence.

Therefore:

• Where a hackney carriage/ PHV licence is revoked, suspended, or an application for one refused, the authority will automatically record this decision on NR3S.
• All applications for a new licence or licence renewal will automatically be checked on NR3S. If a search of NR3S indicates a match with an applicant, the authority will seek further information about the entry on the register from the authority which recorded it. Any information received as a result of an NR3S search will only be used in respect of the specific license application and will not be retained beyond the determination of that application.

The mandatory information recorded on NR3 itself will be limited to:

• Licensing Authority URN 
• Name of licence holder 
• Date of birth 
• Driving licence number 
• Taxi licence type 
• Address 
• Decision taken on refusal, revocation or suspension but not the reason for it 
• Date of decision 
• Date decision takes effect, if different to date of decision 
• Date of any subsequent change to the decision, and the date it takes effect, if different 
• National Insurance Number 
• Licence holder contact details (Optional)
• If a suspension, the date on which the suspension is to end 

Information will be retained on NR3S for a period of 11 years.

As well as information collected directly from you, we also obtain or receive information from:

Police, other Local Authorities, HMRC, solicitors, Court, other departments within the council, Gambling Commission, licensing agents, Insurance companies, Driver and Vehicle Licensing Agency (DVLA), VOSA, NAFN and DBS.

Automated decisions

All the decisions we make about you involve human intervention and are not automated.

Data retention/criteria

We will only keep your personal information for as long as the law specifies or where the law does not specify this, for the length of time determined by our business requirements.

Rights of individuals

Information about:

• exercising your rights
• contacting our Data Protection Officer
• raising a concern with us, or
• making a complaint to the Information Commissioner

is accessible in our guide on exercising your rights.

If you wish to complain to the Information Commissioner the contact details are:

Information Commissioner's Office,
Wycliffe House Water Lane,
Wilmslow,
Cheshire SK9 5AF

Updates (notice)