Taxi and private hire licensing privacy statement
Why we collect information about you
We collect information to assess your suitability and fitness to be issued with a taxi or private hire licence and to assist us in managing your licence. We may also use your contact details in the event that we need to contact you in relation to your licence(s).
This is a task given to the Council by Part II of the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847.
What information do we collect about you?
We collect information about:
- you (name, address, contact details, NI number, date and place of birth, DVLA driving licence details, photograph and vehicle insurance details)
- your medical fitness, history and circumstances
- any recorded criminal history that relates to you (including details of current and/or previous criminal convictions, formal cautions, endorsements and previous and/or current criminal investigations)
- any licensing history that may be relevant to you (such as details of licences previously held with other licensing authorities, the outcome of those applications, any formal or informal enforcement action taken and/or the outcome of any such action)
- your eligibility to remain and/or work in the UK
Who do we share the information with?
- Gloucestershire Constabulary - From time to time we get requests from the police to for information that will assist them in investigating and preventing crime. We can share your information with the police if the law allows us too.
- Councillors who sit on the council’s licensing committee – Where we refer your application or licence (in the case of a review) to the council’s licensing committee for determination.
- Publically available – when your application goes to licencing committee the details of your application are made publically available so that the decisions the council makes are open and transparent. Some personal information such as criminal conviction is not made publically available but the licencing committee councillors will have that information to enable them to make a decision on your licence application
- Internal council departments who requires access to your information for the purpose of administration, regulation and law enforcement. From time to time we may share your information with other council departments if the law allows us to do so.
- Cabinet Office (as part of the National Fraud Initiative). The council has a legal duty to submit information to the government as part of the National Fraud Initiative (NFI).You can read about the type of information we have to disclose to the NFI on their website.
- HM Revenue & Customs - The council has a statutory duty under schedule 23 of the Finance Act 2011 to submit returns to the HMRC.
- National Anti-Fraud Network (NAFN) – The council shares information with NAFN as part of the national database of taxi and PHV driver licence refusals, suspensions and revocations.
- Department for Environment, Food & Rural Affairs – The council shares information with DEFRA as required by The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019. The information we are required to share with DEFRA includes: Vehicle Registration Mark, the start and expiry date of the vehicle licence, whether the vehicle is a taxi or PHV, the name of the licensing authority, the licence plate number and an indication of whether it is a wheelchair accessible vehicle.
- Read DEFRA's privacy notice for more information.
- Powys County Council – that provide criminal records checks on behalf of Cheltenham Borough Council in relation to hackney carriage and private hire licensing. You can read Powys County Council’s data protection statement on their website.
Is any information transferred to or stored on servers based outside the European Economic Area?
No
How long do we keep your information?
We keep information about you for a maximum period of four calendar years (three years + current) from the date you were first issued a Taxi or Private Hire licence by us.
We keep copies of your criminal disclosure certificate for a period of up to six months from the date of issue as specified on the criminal disclosure certificate in case it is needed for any legal proceedings.
Who do we collect information from?
- you
- The Disclosure and Barring Service – to check if you are eligible to hold a licence
- Gloucestershire Constabulary – to check criminal history
- The Driver and Vehicle Licensing Agency (via gov.uk website) to view your driving record, for example vehicles you can drive and/or to check your penalty points or disqualifications.
- Other licensing authorities whom you may have held a licence with
- Medical professionals and practitioners responsible for certifying your fitness to hold a licence
- Licensed operators
- Powys County Council – that provide criminal records checks on behalf of Cheltenham Borough Council in relation to hackney carriage and private hire licensing. You can read Powys County Council’s data protection statement on their website.
- HM Revenue and Customs – tax registration information pursuant to The Finance Act 2021, Schedule 33 (Licensing Authorities: Tax Information) Regulations 2022.
What are the consequences if we do not collect the data?
The council will be unable to fulfil its statutory obligations to assess your fitness and suitability to hold a licence and unable to enforce policy and legal requirements.
Are any decision about you made by automatic means?
No