Privacy notices - Licensing objections, representations and complaints
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Description
We are the licensing authority in Highland for various types of activities regulated under various pieces of legislation.
These include:
• The Civic Government (Scotland) Act 1982 (which regulates, for example, matters such as public entertainment events, taxis and street trading)
• The Housing (Scotland) Act 2006 (which regulates houses in multiple occupation).
• Animal Boarding Establishments Act 1963
• Breeding of Dogs Acts 1973
• Caravan Sites and Control of Development Act 1960
• Cinemas Act 1985
• Dangerous Wild Animals Act 1976
• Deer (Scotland) Act 1996
• Guard Dogs Act 1975
• Performing Animals (Regulations) Act 1925
• Pet Animals Act 1951
• Riding Establishments Acts 1964 and 1970
• Theatres Act 1968
• Zoo Licensing Act 1981
• Licensing of Animal Dealers (Young Cats and Dogs) (Scotland) Regulations 2009The Highland Licensing Board which is appointed by the Council, is the licensing authority for the licensing of alcohol sales under the Licensing (Scotland) Act 2005 and for certain types of gaming and betting licences and lottery registrations under the Gambling (Scotland) Act 2005.These Acts and regulations are referred to in the rest of this notice as the “licensing legislation”.
This licensing legislation generally includes procedures for members of the public/interested parties to submit to the Council or to the Board, as appropriate, written objections or representations in respect of applications for new licences, licence renewals or licence variations. Members of the public/interested parties may also submit written complaints to the Council or Board about existing licence holders or licensed premises.
Written objections, representations or complaints cannot be considered by the Council or the Board unless they are signed and include some of your personal information (principally, your name and address) in addition to explaining your grounds of objection, representation or complaint.The licensing legislation and other rules also require the Council or Board to copy letters of objection, representation or complaint to the applicant or licence holder. This is to ensure they have fair notice of the issues being raised, and who is raising them, so that they can, if they wish, make further submissions to us in response.In addition, if you submit a licensing objection, representation or complaint to us, the Council and Board are generally obliged to give both you and the applicant or licence holder an opportunity to be heard at a meeting of the Licensing Committee or the Board before any application you have objected to, or submitted representations on, is determined, or before any decision is taken in respect of any complaint you have submitted. Your personal information is therefore also required so that the Council or Board can contact you to invite you to attend the relevant meeting at which the application or complaint will be determined.Your information also allows the Councillors who sit on the Licensing Committee and Board to identify whether they have any declarable interest which, under the Councillor’s Code of Conduct, would preclude their taking part in determining the application or complaint. This might arise where, for example, an objector or complainer was a friend or relative of one of these Councillors. -
If you don't give us your information
If you don’t provide your name and address in your written objection, representation or complaint, we will be unable to consider it and you will not be given the opportunity to speak to your objection, representation or complaint before the Licensing Committee or the Board.
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Conditions for processing personal information
Legal obligation
The council has a legal obligation to carry out the functions of the licensing authority under the licensing legislation and to do so in accordance with the statutory procedures set out in licensing legislation and in accordance with rules of natural justice such as fairness. Your personal information is needed to allow the Council to adhere to these statutory procedures and rules.
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Your rights
- View personal data
- Change personal data
- Delete personal data
- Restrict processing of personal data
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Who we share your information with
Your information will be shared with the licence applicant or licence holder. It may also be shared with Police Scotland and any other outside organisation or agency, or any relevant Council services, whose may be required to investigate your objection, representation or complaint and to advise the Licensing Committee or Board on it.
Your information will generally also be made publicly available when the licence application and your objection or representation, or your complaint, is reported to the Licensing Committee or Board for consideration. This is because, except in certain special circumstances, the law requires that proceedings before the Committee and Board must be in public.
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How long we hold your information
Your information will be held for 2 years after a licence application which you have objected to, or submitted representations on, has been determined or for 2 years after any decision in respect of your complaint about any existing licence holder or licensed premises.
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Automated processing
Your personal information is not subject to automated decision making or profiling.
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Data controller
The data controller is The Highland Council
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Data Protection Officer
Data Protection Officer
Highland Council Headquarters
Glenurquhart Road
Inverness
IV3 5NX
01463 702029 -
Supervisory authority
If you are unhappy with the way we have processed your personal information you can contact the Information Commissioner:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
https://ico.org.uk/global/contact-us/