Your data: Licensing complaints

How we use your information

Aberdeen City Council as the Licensing Authority collects and records information about you in order to process your complaints about a licence holder or licenced premises (non alcohol) we have received. If you wish to submit a complaint regarding a licence holder or licence premises (non alcohol), it can only be considered by the Council as Licensing Authority if it:

· Is in writing

· Specifies the grounds of the complaint

· States your name

· For letters, either a home address or email address for subsequent communication

Information you provide in a complaint will be uploaded and kept in an electronic filing system for the licensing team to be used as evidence to establish a pattern of behaviour if required.

Where the Licencing Committee is required to decide on an outcome, in preparing the agenda for a Licencing Committee meeting, the information you provide is uploaded to an electronic committee management system which enables the publishing of the agenda on the Council’s website.

Who we share information with

We may carry out reasonable investigations into your submitted complaint which means we may share information about the nature of your complaint with other Council services.

In processing and determining the relevant licence holder of licensed premises (non alcohol), the Council as Licensing Authority are required to share details of your complaint with the licence holder and/or their agent for their information. Although we will not share your personal data with the licence holder and/or their agent, the content of your complaint may indirectly identify you. If the complaint is required to be considered by the Licensing Committee your complaint will be shared with the members of the Committee determining the outcome.

How long we keep your information for

We will keep your complaint to a licence holder or licensed premises (non alcohol) for 2 years from the date the complaint is made.

Committee Meeting Agendas, Minutes and accompanying papers including a copy of your complaint will be retained permanently and are published on the Council’s website. If the Committee has deemed the information confidential and considered it in private, the minute which is published will be anonymised.

Aberdeen City Council records and webcasts Council meetings, including the Licencing Committee meetings. For further information please see our Council meeting webcasting and recording privacy notice.

Your rights

You have rights in relation to your data, including the right to ask for a copy of it. See more information about the rights you have, as well as the contact details for the Council’s Data Protection Officer. You also have the right to make a complaint to the Information Commissioner’s Office if you think we haven’t handled your data properly.

Our legal basis

Aberdeen City Council is the data controller for this information. Wherever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal bases for processing personal data in relation to your objection or representation is part of our public task in relation to your objection or representation, in that the Council is exercising its official authority and function under Parts 1 and 2 and Schedule 1 of the Civic (Government) (Scotland) Act 1982. In carrying out this function, the Council is likely to process special categories of personal data. The Councils understands our legal basis for doing so because it is necessary for reasons of substantial public interest.

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