Licensing privacy notice

The data controller for the information we collect

This privacy notice is provided to meet the requirements of the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA) to explain how we process your personal data in delivering licensing (alcohol, gambling, entertainment, charity collections, scrap metal) service.

Leeds City Council is the data controller for the purposes of the Data Protection Act 2018 and other regulations, including the UK General Data Protection Regulation, which means it determines what your data is used for and why it is collected. The purpose of this privacy notice is to tell you about what information we collect about you when you use our service, how we use that information, and who we may share it with. The contact details of the data controller are Leeds City Council, Merrion House, 110 Merrion Way, Leeds, LS2 8BB.

The data we will collect

To deliver the licensing service, in respect of the licensing regimes under the Licensing Act 2003, Gambling Act 2005, the licensing of charitable collections, the licensing of places where secular marriages can be held, scrap metal dealers, and hypnotists. 

We will process data on:

  • Name
  • Address where normally resident
  • National Insurance number
  • Date of birth
  • Place of birth
  • Passport details
  • Immigration status
  • Proof of change of name (for example, marriage certificate, deed poll, bank statement)

Special category data:

  • biometric data (this data is used to produce a licence card)
  • sexual orientation (this data may appear in the documents provided but is only used for the purpose of the proof of name change).

Criminal offence data, such as criminal records.

How we collect information about you

We collect information about you from you directly (for example, by asking you to complete one of our forms, via the telephone, through our contact centre, or face-to-face). We may also obtain your information from other sources, such as a person or organisation representing you or applying for a license on your behalf.

We may also collect information about you from other agencies, such as:

  • Internal council departments
  • Other local authorities  
  • West Yorkshire Police
  • The Home Office
  • Environment Agency
  • West Yorkshire Trading Standards

Why we process your data

We use your information to enable:

  • service delivery
  • public policy development
  • consultations
  • service improvement and planning

All the data collected will be treated in strict confidence and in accordance with the requirements of the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). The data provided by you will only be used for the purposes specified.

Lawful basis for processing

We will process your data in accordance with UK GDPR Article 6(1). The processing shall be lawful only if and to the extent that the following applies:

UK GDPR Article 6(1)(c): Processing of your data is necessary for compliance with a legal obligation to enable us to meet the requirements of the legislations listed below:

  • Licensing Act 2003
  • Gambling Act 2005
  • Local Government Miscellaneous Provisions Act 1982
  • House to House Collections Act 1939
  • Police, Factories and Miscellaneous Provisions Act 1916
  • Marriage Act 1949
  • Scrap Metal Act 1964
  • Vehicle Crimes Act 2001

The law requires us to ask you for the information. We will process this information to determine whether the submitted application meets the statutory requirements for such an application. If you do not provide this information, we will be unable to process your application.

UK GDPR Article 6(1)(e): processing is necessary for the performance of a task carried out in the public interest. In some circumstances we may need to use your data to undertake investigations into activity that may be unlawful, for example if you are providing a licensable activity without the benefit of a license. The legislation listed above allows us to undertake this function.

We will also process your special category data in accordance with UK GDPR Article 9(2)(g). The processing shall be lawful only if and to the extent that the following applies:

Substantial public interest laid out in law. This is supported by the following Schedule 1 conditions of the Data Protection Act 2018:

  • Schedule 1 Part 2 (6) statutory functions, including common law provided in the substantial public interest
  • Schedule 1 Part 2 (11) Protecting the public
  • Schedule 1 Part 2 (12) Regulatory requirements

Condition 36: Extension of conditions in Part 2 referring to substantial public interest

Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. This is supported by Condition 36: Extension of conditions in Part 2 referring to substantial public interest (Schedule 1 Part 3 condition).

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing, satisfies the requirements of Schedule 1, Part 4 of the DPA 2018, and supplements this privacy notice.

Data retention, storage and destruction

Our data retention policies and procedures are designed to help ensure that we comply with our legal obligations in relation to the retention. This means that your information will be kept for the period described below, after we cease to provide a service to you, unless the law says that we need to hold it for longer or if there is a business requirement to do so. After this, your information will be deleted or archived.

Records will be maintained for 6 years following the conclusion of any formal action for the following:
premises licence

  • club Premises Certificates
  • personal licenses
  • gambling premises licenses
  • temporary event notices
  • sex establishment licenses
  • scrap metal dealer licenses

Records will be maintained for 4 years following the expiry or termination for the following:

  • gaming machine
  • club gaming
  • amusement with prizes 
  • family entertainment centre permits 
  • notifications of the use of 2 or less gaming machines in a licensed premises
  • approval for a premises to be used for a civil marriage or civil partnership

An entry on the relevant licensing register will be maintained indefinitely.

Who we share your data with

We share your data with persons and agencies, some of which are shown below:

  • elected representatives & members of Parliament (as your representatives)
  • the police
  • the Home Office (Immigration) 
  • others

In addition, we will share your personal data:

  • where such disclosure is necessary for compliance with a legal obligation to which we are subject
  • in order to protect your vital interests or the vital interests of another natural person
  • for the purposes of security and prevention of fraud and other criminal activity
  • where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure

Automated decision making

Your data will not be used for any automated decision-making, including profiling.

Your rights

The following rights under data protection law are available under the UK GDPR:

  • the right to access (where you can ask for copies of your personal data)
  • the right to rectification (where you can ask us to rectify inaccurate personal data and to complete incomplete personal data)
  • the right to erasure (where you can ask us to erase your personal data)
  • the right to restrict processing (where you can ask us to restrict the processing of your personal data)
  • the right to data portability (where you can ask that we transfer your personal data to another organisation or to you)
  • the right to object to processing (where you can object to the processing of your personal data) 
  • the right to complain to a supervisory authority (where you can complain about our processing of your personal data)
  • withdraw consent (to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent)

Where we process your information under legal obligation, certain rights do not apply, such as: 

  • erasure
  • data portability
  • objection to processing 
  • the right to withdraw consent

Where we process your data under the public task basis, certain rights do not apply, such as: 

  • erasure
  • data portability
  • the right to withdraw consent

These rights are subject to certain limitations and exceptions. You can learn more about your rights and how to exercise them, with further details on the Information Commissioner’s Office website. You may exercise any of the above rights in relation to your personal data by writing to us using the contact details provided below.

If your data is sent to other countries

The information you provide will not be transferred to another country outside of the UK.

Contact us 

Any queries in relation to this privacy notice should be forwarded to:
Phone: 0113 378 5076
Email:  entertainment.licensing@leeds.gov.uk 

Data Protection Officer

Aaron Linden
Head of Information Management and Governance - Data Protection Officer
Leeds City Council
Merrion House
110 Merrion Way
Leeds
LS2 8BB
DPO@leeds.gov.uk 

The Council privacy notice is available online.

Changes to this notice

We keep our privacy notice under regular review. We will notify you of significant changes to this notice by email or other means as appropriate. This privacy notice was last updated October 2024.