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BCP Regulatory services privacy notice

Please read our general privacy notice as well as this notice.

What we do

Regulatory Services comprises a range of statutory functions, including but not limited to:  

  • food hygiene responsible for carrying out inspections and enforcement of food businesses
  • trading standards responsible for ensuring compliance with national standards, investigation of complaints and enforcement 
  • petroleum, contamination land and air auality compliance checks and enforcement action 
  • animal welfare this includes collecting stray dogs, licensing and inspecting pet shops, animal boarding or kennels and the zoo. 
  • licensing including issuing licences and enforcement for relevant licensable activities including sale or alcohol, late night refreshment. In addition, licencing of private hire and hackney carriage vehicles and drivers including compliance and enforcement 
  • environmental protection investigate reports regarding pollution such as noise and other nuisances, drainage, waste on private land, pests, empty properties, crime, anti-social behaviour, and community issues
  • planning enforcement, compliance check and enforcement, 
  • infectious disease,  investigate food poisoning outbreaks and other infectious diseases working with Public Health Dorset as necessary
  • health and safety investigation and any necessary enforcement of accidents and incidents reported for designated workplaces  

The purposes we use your personal information for 

We collect and process your personal information to provide these services to you.  This will include: 

  • evaluating whether applicants are fit and proper to hold a license, permit or consent (e.g. gambling, animal welfare, sale of alcohol, provision of regulated entertainment, special treatments, scrap-metal collection, street trading, licensed sex establishments, among others)
  • preventing crime, preventing fraud and misuse of public funds, to help safeguard vulnerable adults and children
  • the processing of all applications
  • processing food registration forms to ensure new food businesses are inspected in a timely fashion
  • undertaking necessary investigations following complaints/information or reports from third parties received
  • carrying out compliance checks of businesses against set national standards such as weights and measures, storage of fireworks.
  • proceeding with enforcement action including formal notices, seizure of goods and prosecutions 
  • to produce statistics and reports. Statistics are used so that individuals’ personal data cannot be identified from them
  • developing policies and strategies
  • to comply with government department research and statistical returns
  • to account for our decisions and investigate complaints
  • improving our services 

The personal information we collect and use

We only obtain and use the information we need to provide our services to you.  We do not obtain and use special category information.

The law we use to process your personal information 

Statutory legislation

The main legislation that provides us with the statutory basis to deliver our services is: 

  • Animal Welfare Act 2006
  • Anti-Social, Crime and Policing Act 2014
  • Building Act 1984
  • Consumer Protection from Unfair Trading Regulations 2008
  • Crime & Disorder Act 1998 
  • Dangerous Dogs Act 1991
  • Dangerous Wild Animals Act 1970 and1976
  • Enterprise Act 2002
  • Environment Act 2005
  • Environmental Protection Act 1990 
  • Food Safety Act 1990
  • Fraud Act 2006
  • Gambling Act 2005
  • Health and Safety at Work Act etc 1974
  • Licensing Act 2003 
  • Licensing Act 2003
  • Local Government (Miscellaneous Provisions) Acts 1976 and 1982
  • Local Government Act 1972
  • Noise Act 1996
  • Policing and Crime Act 2009
  • Prevention of Damage by Pest Act 1949
  • Proceeds of Crime Act 2002
  • Public Health (Control of Disease) Act 1984 (as amended) by The Health and Social Care Act 2008
  • Public Health Act 1936 and 1961
  • Scrap Metal Dealers Act 2013
  • Town and Country Planning Act 1990 
  • Town and Police Clauses Act 1847
  • Weights and Measures Act 1985  

This list is not definitive but provides some examples.

The GDPR/DPA conditions we meet 

The conditions that we use to process your personal information are:  

  • public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law 

Special category personal information

We also use these additional conditions to process your special category personal information: 

  • public interest: the processing is necessary for reasons of substantial public interest (see Appendix A) 

How to withdraw your consent

Where you have been asked to provide your consent to processing you can withdraw it at any time.  If you wish to withdraw your consent, please contact or talk to the officer in the Council who has been providing the service or services to you.  If you do not have an officer that you have regular contact with, please make your request to withdraw consent to our Customer Services team

Remember to tell us which service or services your request applies to, so that we know who to send it to within the Council.     

Who we may share your information with 

Examples of organisations/bodies that we share information with:  

  • Government agencies (e.g. HMRC, DWP, Home Office, Gambling Commission, Environmental Agency)
  • Health & Safety Executive
  • Police
  • Fire & Rescue Service
  • NHS
  • Public Health Dorset/England
  • RSPCA
  • Responsible authorities under Licensing Act 2003 and Gambling Act 2005
  • Other local authorities
  • Other BCP Council teams who support our service may also have access to your personal information to carry out their statutory roles (e.g. Legal Services, Complaints, IT, Trading Standards, Environmental Protection, Information Management Team)
  • HM Courts and Tribunals Service
  • Solicitors and other advocates
  • Your lawyer or representative (if you have instructed one)
  • National Fraud Initiative
  • Disclosure and Barring Service
  • Litigants or complainants
  • National Anti-Fraud Network (NAFN)
  • DVLA 

How long we keep information about you 

All information held by Regulatory services is kept for 6 years after the licence, application or the reason for holding it has expired. The only exceptions to this are reports and investigations around contaminated land and petroleum licensing which need to be kept in-perpetuity.

Appendix A

Substantial public interest condition

This is a top line summary of the processing that falls within the “substantial public interest” condition, focusing on the areas most likely to apply to the Council – refer to the Act for further details.

Information Commissioner’s Office guidance is currently awaited in respect of the “special category” data conditions. 

In all cases processing of data must be in the substantial public interest. 

  • statutory etc. and government purposes - the exercise of a function conferred on a person by an enactment or rule of law (statutory functions)
  • administration of justice 
  • equality of opportunity or treatment - necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people specified in relation to that category with a view to enabling such equality to be promoted or maintained
  • racial and ethnic diversity at senior levels of organisations
  • preventing or detecting unlawful acts - necessary for the purposes of the prevention or detection of an unlawful act and must be carried out without the consent of the data subject 
  • regulatory requirements relating to unlawful acts and dishonesty, etc. - the processing is necessary for the purposes of complying with a regulatory requirement to establish whether another person has committed an unlawful act, or been involved in dishonesty, malpractice or other seriously improper conduct and, in the circumstances, the Council cannot reasonably be expected to obtain the consent of the data subject to the processing
  • preventing fraud
  • support for individuals with a particular disability or medical condition
  • safeguarding of children and of individuals at risk
  • safeguarding of economic well-being of certain individuals 
Page last updated: 16 May 2019
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