Your data: application for the grant or renewal of a Market Operators’ Licence
How we use your data
Aberdeen City Council, as the Licensing Authority, collects and records the personal information you provide in this form, along with supporting documentation, in order to process your licence application.
In processing and determining your application, the Council as Licensing Authority will share the information you have provided with (1) the Chief Constable, Police Scotland, (2) the Scottish Fire and Rescue Service (where the activity is to be carried on in premises), and (3) the members of the Licensing Committee when they require to determine your application.
If your application requires to be considered at a meeting of the Licensing Committee, or its Sub-Committee, an agenda will be prepared for the hearing of your application. In order to publish the agenda for the meeting the relevant information provided on your application is uploaded to an electronic committee management system.
We are required to display your application on a public register. The register will show your name, date of receipt of your application, and the final decision. It will also note the type and terms of the licence granted and will subsequently show any suspension, revocation, variation or surrender of the licence. The register is open to inspection by any member of the public.
The Council doesn’t share the information you’ve provided with any other third parties, unless we’re authorised or required to do so by law, which may include HMRC.
Sharing with The National Fraud Initiative in Scotland
The Council is obliged to participate in the National Fraud Initiative in Scotland and in terms of this passes information to Audit Scotland for data matching to detect fraud or possible fraud. You can find details of this exercise on Audit Scotland’s website.
How long we keep your information for
If your application for a licence is granted, the application form and related documents will be retained by the Council’s Licensing Team for a period of two years, from the date this licence expires. If your application is withdrawn or refused the application form and related documents will be retained for a period of two years from the date of withdrawal or refusal.
In the event your application is considered by the Licensing Committee, the Committee Meeting Agenda, Minutes and accompanying papers including limited details of your application, provided it was not deemed confidential, are published on the Council’s website indefinitely. If the Committee has deemed your application confidential and considered it in private, the minute which is published will be anonymised.
You have rights in relation to your data, including the right to ask for a copy. See more information about all the rights you have, as well as 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
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 application for a licence is Article 6(e) and Article 9(g) of the General Data Protection Regulation (GDPR) in that the Council is exercising its official authority under Parts 1 and 2 and Schedule 1 of the Civic (Government) (Scotland) Act 1982 and as such requires to process some information which is classified as special category under GPDR for reasons of substantial public interest.
The Council has a legal obligation under Part 2A of the Public Finance and Accountability (Scotland) Act 2000, to provide Audit Scotland with data to carry out data matching exercises for the purpose of assisting in the prevention and detection of fraud.
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