Licensing Privacy Notice

North Lanarkshire Council is a local authority established under the Local Government etc. (Scotland) Act 1994.

North Lanarkshire Council is the data controller for the personal information described in this notice.

Contact details:

North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB

Email: dataprotection@northlan.gov.uk

The Council has appointed a Data Protection Officer (DPO) who is responsible for overseeing compliance with data protection legislation.

If you have any questions about this privacy notice or how your personal information is handled, you can contact the DPO at:

dataprotection@northlan.gov.uk

We process your personal information to carry out our statutory functions in relation to licensing and regulatory activities. These functions are carried out under:

• the Civic Government (Scotland) Act 1982
• the Licensing (Scotland) Act 2005
• the Gambling Act 2005
• and associated secondary legislation

This includes:

• processing licence applications
• considering objections, representations and complaints
• maintaining licensing records and public registers
• carrying out regulatory and enforcement activities

We may also use your information to:

• verify your identity
• contact you in relation to your application or enquiry
• prevent and detect fraud
• protect the public from unlawful or improper conduct

We process your personal data on the following lawful bases under the UK General Data Protection Regulation:

• Article 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; and
• Article 6(1)(c) – processing is necessary for compliance with a legal obligation.

Where we process special category data (such as health or ethnicity) or criminal convictions data, this is carried out in accordance with:

• Article 9(2)(g) UK GDPR (substantial public interest); and
• Schedule 1 of the Data Protection Act 2018, including statutory and regulatory purposes.

We may collect and use the following types of personal information:

• name, address and contact details
• date of birth
• licence details and application information
• correspondence submitted to the Council
• visual images (e.g. CCTV where relevant)

We may also process:

• health information (where relevant to an application)
• information about criminal convictions or offences
• information provided by third parties, including statutory consultees

If you do not provide the information requested, we may be unable to process your application, objection, representation or complaint.

We collect personal information in a number of ways, including:

• application forms and supporting documentation
• objections, representations and complaints
• correspondence by email, letter or telephone
• information provided by statutory consultees such as Police Scotland or the Scottish Fire and Rescue Service
• information from other public bodies or regulatory agencies.

We may share your personal information where necessary and lawful to do so. This includes sharing with:

• Police Scotland
• Scottish Fire and Rescue Service
• other regulatory bodies and consultees
• other local authorities
• courts and tribunals
• internal Council services
• contracted service providers acting on our behalf

We require all third parties to respect the security of your personal information and to process it in accordance with the law.

Licensing is a public regulatory function. This means that:

• we are required by law to maintain a public register of licence applications and decisions
• your personal information may be included in committee reports, agendas and minutes
• Licensing Board meetings are held in public, and information may be disclosed during those proceedings
• information placed in the public domain may be viewed, recorded, reported on, or further shared by third parties, including the media.

This may occur even if you do not attend a meeting.

If you submit an objection or representation:

• your name and address will normally be disclosed to the applicant

This is in terms of:

• paragraph 3(1) of Schedule 1 to the Civic Government (Scotland) Act 1982
• section 22(3)(a) of the Licensing (Scotland) Act 2005
• section 161 of the Gambling Act 200

In limited circumstances, requests for redaction may be considered; however, disclosure will normally be required to ensure fairness in the licensing process.

We are legally required to protect public funds. We may use your information to:

• prevent and detect fraud
• verify information
• participate in national fraud initiatives.

This may involve sharing information with other public bodies.

We will retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, including legal, regulatory and audit requirements.

Retention periods are set out in the Council’s retention schedule, which is available on request.

In some cases, we may anonymise information for statistical or research purposes.

Your Rights

Under data protection law, you have rights in relation to your personal information, including:

• the right to access your personal data
• the right to have inaccurate data corrected
• the right to request erasure (in certain circumstances)
• the right to restrict processing
• the right to object to processing
• the right to data portability (where applicable).

To exercise any of these rights, please contact us using the details above.

If you are unhappy with how we have handled your personal information, you have the right to complain to the Information Commissioner's Office: Make a complaint | ICO.

We would, however, encourage you to contact us in the first instance so we can try to resolve your concerns.

We may update this privacy notice from time to time. The latest version will always be available on our website.