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Appendix 6

EQUALITIES ANALYSIS FORM

Equality Analysis should be undertaken before a decision is made when adopting or reviewing

policies/procedures or for savings

proposals/ restructures and transformations where it is likely to affect equalities groups or engage the

Public sector Equality Duty

under section 149 of the Equality Act 2010 –See Appendix below).

(Note: If Equality is considered to have little or no effect on equality groups or if it is unlikely to engage

Equality duty then you do not need to complete this form. Even where the proposal is relevant to the

Equality duty, but the effects are remote or peripheral to the substance of the Equality duty then do

not complete this form, just use the standard equalities text in your main report, see web page for

standard text.)

Your Equality Analysis needs to demonstrate that due regard has been given to the equalities

protected characteristics and the equalities duties and that this policy/ procedure/ proposal is not in

breach of the Equality duties. The aim is to support members to make informed decisions about the

policy/savings proposal balanced against any likely adverse effects. You must advise members about

what actions are proposed to mitigate any adverse effect identified by affected stakeholders during

your consultation or from your data analysis.

Due regard has to be given to:

Ensure that your decisions impact in a fair way: Where there is evidence that particular

equalities groups will be negatively affected by a decision, action should be taken to address this.

Make your decisions based on evidence and more transparent: Equality Analysis provides a

clear and structured way to collect, assess and put forward relevant evidence and is much more open

and transparent.

Provide a platform for partnership working: Equality Analysis offers an opportunity for

organisations to work in partnership to consider the effect on members of their shared communities

and how they might best collaborate and co-ordinate financial decisions.

Enable decision makers to assess: Whether the decision might amount to unlawful

discrimination and/or might have an effect on the promotion of equality of opportunity and/or might

effect on the promotion of good relations, and if so the extent and nature of those effects.

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Name of the proposal/policy to be assessed:

Hounslow Statement of Licensing Policy 2020-2025

Directorate/ Section Community Enforcement and Regulatory Services

Date of Analysis 05 April 2020

Person Responsible for the analysis (include name of author if different)

Andrew Divine

1. Briefly describe

the policy/ proposal

–its aim and

expected

outcomes.

The Hounslow Statement of Licensing Policy is a statutory policy that

must be renewed and published at least every 5 years. Its aim is to

provide the framework in which licensable venues and individuals may

apply for licences that permit them to sell alcohol, provide late-night

refreshment and provide regulated entertainment.

The expected outcomes are that the Hounslow Statement of Licensing

Policy 2020-2025 fulfils the requirement of the law (The Licensing Act

2003), including the four licensing objectives against which all licence

applications and licence reviews must be judged:

1. Crime and disorder

2. Public nuisance

3. Public safety

4. Protecting children from harm.

It is worth noting that this is the borough’s fourth Statement of Licensing

Policy. There have been no issues raised around the equalities duties

with previous policies, and this policy is essentially a continuation of that

policy but for a few small changes. There are also no known issues with

other authorities’ statements of licensing policy from an equalities

perspective.

This is of course not to say that there may be equalities implications that

have been previously unseen, or which may now apply to this new

version of the policy. It is for this reason that that this Equalities Analysis

has been undertaken.

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2. Who is the

policy/ proposal

going to affect and

in what way?

Please use

evidence to support

your analysis. Use

separate sheets if

necessary.

1. Existing Hounslow licensed businesses \ personal licence holders

Existing licensed businesses will not be affected by the new policy should

they continue to trade as per their current licence. The same is true for

personal licence holders There is no requirement for them to apply for a

new licence. Any requirements on existing licensees since the 2015 policy

will already be in force though Acts of Parliament and Statutory Guidance

will override the existing Hounslow Statement of Licensing Policy 2015-20

and need to be read in concert with it.

However, should existing licensed premises owners wish to apply for

variations to their licence or an extension of their existing licence (for

example a larger premises or later hours), then there may be implications

for this under the new Hounslow Statement of Licensing Policy for 2020-

2025 depending on the type of premises and what it is applying for.

In particular, the evidence compiled to support the new policy shows that

there is a problem with street drinking, takeaway litter and antisocial

behaviour in Heston. This is clustered around or near to off-licences and

takeaways, As such the draft Hounslow Statement of Licensing Policy for

2020-2025 proposes extending the existing ‘Cumulative Impact Area’

(currently covering an area from Isleworth to Hounslow West) to Heston.

This will affect existing (premises not personal) licensees as the Cumulative

Impact Policy introduces the ‘rebuttal presumption. This presumption is

permitted under the S182 Guidance accompanying The Licensing Act 2003.

This means that rather than the ‘responsible authorities’, i.e. police, fire

service and council (officers / members) as well as residents / interested

parties having to demonstrate that a new or extended licence will negatively

impact on one or more of the four licensing objectives, the reverse is now

the case. That is, it places the onus on the licence applicant to prove how

they will not impact on the licensing objectives.

As a result, this can make it more difficult to gain a licence and allows the

council’s Licensing Committee more leeway in turning down applications if it

feels granting it would cause problems. It does not however mean there can

be no more licences granted within the cumulative impact area.

There are no statistics on the race (protected characteristic) of off-licence

and takeaway owners / licence holders (because demography questions

are not asked on licence applications), but, anecdotally, these independent

businesses in Hounslow (like many other boroughs) are often BAME

owned, particularly from the British Asian / South Asian community. This is

dealt with later in the EIA.

Continued overleaf…

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2. Who is the policy/ proposal going to affect and in what way? Please use evidence to support your analysis. Use separate sheets if necessary.

Continued…

2. Future licensed businesses and personal licence holders

The same analysis as above will also apply to those who are opening a new

business, event or organisation providing licensable activities.

3. Personal licence holders

There is no foreseeable impact on personal licence holders of the draft

Hounslow Statement of Licensing Policy for 2020-2025 because there is no

local interpretation of existing statute or change to the previous policy.

4. Residents

Residents are affected by the new policy in a number of ways. Firstly, they

are, or may wish to become, licence holders and thus the analysis above

applies to them.

More commonly, it is envisaged that they may wish to object to new

licences or to existing licensed premises under one or more of the four

licensing objectives.

The Licensing Act 2003 and Guidance sets out who must be consulted as a

minimum. This has not changed since the previous policy. The draft

Hounslow Statement of Licensing Policy for 2020-2025 sets out how the

Council and licence applicants will consult with all relevant parties including

residents.

It is not envisaged that any particular residents or groups of residents will be

disadvantaged by the new policy. Indeed, the policy takes into account

analysis of the council’s own research into resident feelings about crime

and disorder, nuisance and public safety, wherein many said that their area

suffered from alcohol-related crime, street detritus and public nuisance from

street drinking linked to off-licences and takeaways. It is envisaged that

residents will be broadly supportive of the policy during consultation based

on the previous policy (and the experience from other boroughs).

One group of residents that does require specific attention are those who

are rough sleeping with alcohol misuse problems. There are policies within

the draft Hounslow Statement of Licensing Policy for 2020-2025 that make

it slightly more difficult to access high strength single unit alcohol, which is

the drink most commonly used by these members of the community.

However, whilst it is proposed to continue these policies, they have already

been operative in the borough’s previous licensing policies and those

providing services and outreach to rough sleepers have been asked for

input during the policy development and will be consulted again during the

12-week draft policy consultation programme.

Continued overleaf…

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2. Who is the policy/ proposal going to affect and in what way? Please use evidence to support your analysis. Use separate sheets if necessary.

Continued…

5. Children

Children are a specific concern of the Licensing Act’s fourth objective:

protecting children from harm. Most obviously this includes not selling to

those underage, preventing ‘proxy purchasing’ of alcohol by adults for

children and addressing where licensed premises may be used by those

engaged in CSE (child sexual exploitation) or CCE (child criminal

exploitation).

It is not felt that the consultation of children directly is required in this policy

but to ensure that the interests of children and young people are involved,

the council’s children’s services, youth offending team and the borough’s

safeguarding board have been engaged and their input included in the

resulting draft policy.

6. Hounslow Council

A number of Hounslow Council departments and functions other than

licensing will be impacted by the policy. These include community safety,

highways, public health (a responsible authority), environmental health (a

responsible authority), planning and regeneration (a responsible authority)

and health and safety (community regulation). All of these departments

have been engaged with to input into the development of the draft.

7. The police

The Metropolitan Police have a significant role to play in licensing as a

responsible authority. They are consulted as a matter of course by all

applicants who must send a copy of their application to the police whether

for premises licence or personal licence.

The police are the licensing authority’s experts for the licensing objective of

crime and disorder (as well as having a view on the other three licensing

objectives). As such, they require a licensing policy that allows them to

object where proportionate, appropriate and on evidenced grounds to a

licence application. They also require a policy which allows them to suggest

‘licence conditions’ to licence applicants and the Licensing Committee that

will address their concerns regarding potential crime and disorder. The

police licensing officer for the borough has inputted into the draft policy and

offered suggestions.

8. London Fire Brigade

The fire service is the final responsible authority that must be consulted in

the development of the policy and by applicants seeking a premises licence.

The fire service has a particular interest the licensing objective of public

safety. LFB was offered the chance to input into the development of the

policy but has not, at this time, responded. They will be further consulted

during the formal consultation period.

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3. When will the decision be taken?

November 2020 (Full Council date TBC).

4. Are there concerns that the decision could affect the following: - Please explain or attach evidence of your answers to these questions

(i) Age No The Licensing Act 2003 and its guidance are clear that alcohol may

only be sold to persons over the age of 18. It may be provided by a

person over 18 to those under 18 only in certain circumstances.

As such, the law, as set out in the Licensing Act 2003 and the draft

Hounslow Statement of Licensing Policy 2020-2025 application of the

law to under 18s, does not contravene this protected characteristic.

Overall, by protecting the under 18s the policy will have a positive

effect on them.

There are no obvious concerns for older age groups.

(ii) Disability No Whilst the Licensing Act 2003 and the draft Hounslow Statement of

Licensing Policy 2020-2025 regulates alcohol, entertainment and

late-night refreshment, and there are no obvious impacts from it on

disabled resident and visitors, the draft policy does reinforce the

importance of ensuring premises are as accessible and welcoming as

possible to those with disabilities and references to the Equality Act.

(iii) Gender

Reassignment

No There is no evidence in Hounslow (or that we are aware of from other

boroughs) that those seeking, undergoing or having undergone

gender reassignment would be affected by the new policy.

(iv) Race Poss

ibly

As noted above, a significant number of small businesses are run by

those from the BAME community. The plan is to analyse the

characteristics of those responding to the council’s consultation to

identify if there are any particular issues raised around the new policy

and the Cumulative Impact Assessment and its proposed areas from

any protected characteristics groups.

Some nightclubs have been accused, particularly in the West End of

London, of charging more and of refusing entry to those of BAME

(particularly Black) backgrounds. In 2019 Westminster City Council

undertook an inquiry into this and published a report. There has been

no suggestion of such similar issues in licensed premises in

Hounslow (there is only one nightclub and few late-night venues

here). However, the draft Hounslow Statement of Licensing Policy

2020-2025 does refer to the importance of the council’s aim to

promote diversity, inclusion of the night-time economy and that no

door policy can be discriminatory.

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(v) Religion or

Belief

No There is no evidence either nationally or locally that any licence

policy would impact negatively on the protected characteristic of

religion or belief.

(vi) Sex No Whilst vulnerability in the night-time economy is an acknowledged

issue, particularly for women, there is no perceived potential impact

from the policy negatively upon this group. Rather, the Hounslow

Statement of Licensing Policy for 2020-2025 will ensure that licensed

premises, through ‘licence conditions’ and premises’ mandatory

‘operating schedules’ are effectively regulated, providing the

appropriate level of staffing, management, CCTV, security personnel

and safe interior design to minimise the risk of crime and disorder

(including sexual offences) and to ensure public safety.

(vii) Sexual

Orientation

No According to research by University College London, London has lost

over 60% of its LGBTQ+ venues (pubs, bars, nightclubs) over the

past decade. It is important that the LGBTQ+ community has access

to nightlife appropriate opportunities in the city. Hounslow does not

have a recognised LGBTQ+ scene or cluster of venues such as

Soho, Vauxhall or Hackney but obviously it does have an LGBTQ+

community.

It is therefore an important that the Hounslow Statement of Licensing

Policy for 2020-2025 does not deter a venue that attracts or is

inclusive of the LGBTQ+ community from opening or expanding,

subject to it not impacting negatively on the licensing objectives.

(viii) Pregnancy

and Maternity

No No potential impact has been identified at this stage. The Licensing

Act 2003 is clear about the sales of alcohol to minors, the draft

Hounslow Statement of Licensing Policy for 2020-2025 must simply

translate this into a borough-wide document.

The draft Hounslow Statement of Licensing Policy for 2020-2025

does however encourage licensed premises to stock a wide range of

no alcohol products which broaden the appeal to a range of

customers, and this may be a positive benefit to pregnant women as

well as to be welcoming, where appropriate, to as wide a range of the

community as possible. This includes the borough welcoming family

friendly licensed venues.

(ix) fostering

good relations

and community

cohesion

No Licensed venues are often at the heart of the community. From pubs

to restaurants, social clubs to sports facilities. But the range of

licensed venues goes way beyond the pub or off-licence. Many

community and cultural venues (which themselves are licensed for

entertainment and events) could not function without having a bar

licensed to sell alcohol (e.g. theatres, sports clubs, cinemas

community halls).

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It is therefore important that the Hounslow Statement of Licensing

Policy for 2020-2025 does not unreasonably prevent venues from

opening or expanding their operations, providing they do not threaten

the licensing objectives.

(x) Human

Rights*

No There are no obvious conflicts between the draft Hounslow

Statement of Licensing Policy for 2020-2025 and the Human Rights

Act’s articles 2-14.

*Public Authorities have a duty under the Human Rights Act 1998 (HRA) not

to act incompatibly with rights under the European Convention for the

Protection of Fundamental Rights and Freedoms

Because of the close relationship between human rights and equality, it is

good practice for those exercising public functions to consider equality and

human rights together when analysing for effect on policies and proposals.

(See list below for the Human Rights Articles)

5. Which

equalities

duties will be

engaged by

this proposal

and will require

due regard to

be given before

a decision is

made? (See

summary of

equalities

duties below)

Overall the Licensing Act 2003 and the Hounslow Statement of Licensing

Policy for 2020-2025 have relatively little apparent impact on the equalities

duties. However, the consultation process (a draft of which is set out later in

this document) has been designed to reach all aspects of the community and

to identify any areas of equalities impact that may remain invisible at this

time, despite having considered this thoroughly and in good faith.

The one equality duty which the council will need to pay particular attention to

(specifically 3a below) is that around ensuring that those from the borough’s

Asian licensee community (protected characteristic: race) are not

disadvantaged in the implementation of the new policy.

“(3) Having due regard to the need to advance equality of opportunity

between persons who share a relevant protected characteristic and persons

who do not share it involves having due regard, in particular, to the need to-

a) remove or minimise disadvantages suffered by persons who share a

relevant characteristic that are connected to that characteristic;

b) take steps to meet the needs of persons who share a relevant protected

characteristic that are different from the needs of persons who do not

share it;

c) encourage persons who share a relevant protected characteristic to

participate in public life or in any other activity in which participation by

such persons is disproportionately low.”

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6. Are there

any relevant

groups or

stakeholders

who you can

approach to

explore their

views on the

policy /

proposal?

You must

consult/involve

those who will

be affected by

the decision.

Please list the relevant groups and how the views of these groups will

be obtained. Or state the reason why you have not approached

groups/users affected by your proposal:

RESPONSIBLE AUTHORITIES

London Borough of Hounslow Planning – consulted.

London Borough of Hounslow Public Health – consulted.

London Borough of Hounslow Community Safety – consulted.

London Borough of Hounslow – Highways / Hounslow Highways – consulted.

London Borough of Hounslow – Regulatory services – consulted.

Hounslow Council Children’s Service and Youth Offending – consulted.

Hounslow Safeguarding Children Board – consulted (no reply at this time; will

be reminded of the opportunity to input into the consultation draft policy).

Metropolitan Police Service – consulted.

London Fire Brigade – consulted (no reply at this time – they will be given

another opportunity to engage with the draft policy during the consultation).

RESIDENTS

Residents will be engaged widely through the consultation process. This will

involve hosting the draft policy and questionnaire on the council website and

at the council headquarters and library. We will examine ways of driving

responses to this via council communications and PR.

We have undertaken an analysis of the 2018 Borough Survey around crime

and disorder and antisocial behaviour. See next section for details.

ROUGH SLEEPERS

Rough sleepers with alcohol problems are key purchasers of single units of

high strength alcohol from the borough’s off licences. This creates both public

health issues (not a licensing objective) but also public nuisance and public

safety implications (which both are licensing objectives) Whilst the draft

licensing policy plans to reduce the access to single cans and miniatures

favoured by these groups and through the Cumulative Impact Policy and the

application of Model Conditions, alcohol will still be available to rough

sleepers and street drinkers and to this end the input of homeless outreach

services has been sought.

CHILDREN

The policy is not considered of likely impact on children or young people in

any way that has been different to previous policies, such that the actual

direct engagement of children and young people is required. However,

Children’s Services and Youth Offending have already been engaged and

offered input. And, of course, parents and any other interested parties may

response to the consultation.

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6 continued LICENSED PREMISES, CLUB PREMISES AND PERSONAL LICENCEs

Every licensed premises, club premises and personal licence holder will be

written to individually at their address by the Licensing Team, alerting them to

the consultation and how to respond to it.

Given the current uncertainty due to Covid 19, the licensed on-trade is likely

to the be the last to reopen. Therefore, premises may be mothballed until

later in the 2020. Whilst businesses should still be receiving and examining

their post, to reduce the risk of the letter being missed, consultation will also

be raised via the numerous Pubwatch meetings in the borough.

Likewise, all personal licence holders will be asked to ensure that if they are

operating a licensed venue within the borough, and if they are not the owner,

that they raise the opportunity to respond to the consultation with the owner.

7. Please explain in detail the views of the relevant groups who have been consulted on

the issues involved and the dates when this happened. (Please use a separate sheet if

necessary). Set out in themes what the disadvantage is for each equality protected

characteristic e.g. age, disability, race etc.

RESPONSIBLE AUTHORITIES

LONDON BOROUGH OF HOUNSLOW

Head of Planning (Consulted March 2020).

Key issues: Improving cooperation between licensing and planning / chairs and tables on

pavements / balance between regulation and control and supporting growth and regeneration –

particularly food-led licensed trade in new developments. Key equality element was about

promoting diversity and an offer for all in licenced economy, not just alcohol-led premises – to

ensure community cohesion and wide base of participation in public life.

Director of Public Health and Public Health Manager (Consulted March & April 2020)

Key issues: alcohol fuelled domestic abuse (protected characteristic: sex) under licensing

objectives of public safety and crime and disorder. Underage sales and consumption protection

of children from harm (protected characteristic: age).

Head of Highways / Hounslow Highways (Consulted April 2020)

Key issues: Reported general resident complaints around takeaway litter and single cans and

bottles from off-licences. Issues around rough sleepers and street drinkers causing public

nuisance.

Hounslow Council Children’s Service and Youth Offending (Consulted March 2020)

Key issues: Child sexual exploitation and child criminal exploitation are known to take place in

the night-time economy and sometimes around certain licensed venues. Protection of children

from harm (protected characteristic: age) is a critical addition to the new policy. As such licensing

policy has expectation that CSE and CCE should be considered by preemies licence holders in

their application and if necessary addressed in their operating schedules.

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Hounslow Safeguarding Children Board (Consulted March 2020)

No reply at this time; will be reminded of the opportunity to input into the consultation draft policy.

POLICE (Consulted March / April 2020)

Key issues: protection of children from harm by effective controls on selling to minors, and to

street drinkers. The latter is particularly important given issues around crime and disorder, public

safety and public nuisance. By insisting on later morning opening and earlier night-time closing

as well as no single can or bottle sales of alcohol. This may have some impact on street

drinkers; however, it can be justified within the Licensing Act 2003’s four licensing objectives.

LONDON FIRE BRIGADE consulted March 2020

No reply at this time – they will be given another opportunity to engage with the draft policy

during the consultation.

RESIDENTS

Key issues: BMG Residents Survey 2018 - A common theme for residents is public nuisance

and feelings of public safety (licensing objectives) linked to public place alcohol consumption

(linked to off-licences) and also litter and street cleansing (public nuisance), which is in turn

linked in part to takeaways.

We have engaged in depth with the Heston Action Group. HAG have been campaigning for

action to tackle cleansing in their area, along with tackling street drinking littering and fly tipping

and the antisocial behaviour linked to street drinking. The evidence collected by the group into

these problems combined with the evidence of the independent consultants employed by the

council has been evaluated and is considerd sufficient to recommend to Council that the

Cumulative Impact Policy Area is extended to encompass Heston. HAG and others will be

invited to comment further on the draft policy in due course.

It is anticipated that residents will also respond to the consultation, albeit numbers for passive

public consultation are by their nature limited. The questionnaire will capture personal

characteristics, so we are able to analyse any trends by protected characteristics. Because

overall volumes will be limited, we recommend that further thought is given to engaging with any

other conduits to community that the council consultation team can recommend.

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8. Taking into account the views of these groups, and the available evidence, please

clearly state the risks associated with the decision, weighed against the benefits of the

decision. Will the impact be high, medium or low? [see *definitions below].

At this time (pre public consultation) we have assessed the draft Statement of Licensing Policy

as posing a LOW RISK to the equalities duties and to human rights.

The reason for this low risk assessment is that there is no clear and obvious negative impacts on

any group with protected characteristics. This is reinforced by other equalities impact

assessment undertaken by other authorities that have been reviewed, which have also identified

a similar lack of issues. Further, the policy is essentially the local version of the Licensing Act

2003 and its accompanying S182 Guidance and does not deviate from this to create new

localised rules, which would ultimately be judicially incompatible with the legislation, and thus if

legally challenged would almost certainly be found against by the court.

Indeed, there are on balance positives – particularly for children, LGBTQ+ women and for

community diversity of a policy that seeks to reduce alcohol related crime and disorder, public

nuisance and supports increased public safety.

There is however the need to consult further with residents in general and in particular business

owners to ensure that there are no unforeseen negative impacts on any group with protected

characteristics (or indeed the community in general). This is particularly so for the borough’s

small business off-licence and takeaway licence holders who may disproportionately come from

those in the Asian community (protected characteristic: race).

*High – Impact is likely to be high if the savings proposal has significant relevance to the substance of the

Equality duty. So consider size and scale of effect of policy/savings proposal or service restructure on staff,

users/residents and other affected stakeholders. The effects can also be high if there is a potential for

challenge of breach of equalities duties from affected stakeholders who have a protected equality

characteristic. (see overview of legal duties below).

Medium – If your proposal is not assessed as high or low then it is likely to be medium risk. Due regard

given to the equality duties must be commensurate with the impact of the policy/proposal or decision.

Low – Impact is low if Equality is considered to have little or no effect on equality groups or if it is unlikely to

engage Equality duty. Or if the proposal is relevant to the Equality duty but the effects are remote or

peripheral to the substance of the Equality duty under section149 and section 20, then impact is low. You

do not need to complete this form, just write under the standard equalities text in your main report that you

have considered Equalities duties. For the standard text see under Equalities Analysis on the intranet under

Equality.

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Signed (completing officer) Andrew Devine ______________

Signed (Manager) Vicky Wallas_________________________

9. What are the main conclusions and key actions to mitigate or minimise the

disadvantage /concerns raised by equalities groups?

Please identify recommendations to add to the main report from this equality analysis and

explain how each action directly responds to the disadvantage raised. Set out fully the

actions/recommendations you propose in the Action Plan below.

(You can use the information in section 9 and10 to inform the main report to members under the section on

‘Equalities and Human Rights Implications’).

By adding the conclusions and the key actions and recommendations to the main report you do not need to

separately publish this form unless your report involves savings and affects the public. Then make sure it is

added as an Appendix as well as completing the main report’s Equality and Human Rights implications

Action 1. Take further advice on potential routes to consultation. For example, any

recommended equalities groups who can be invited to comment on the draft directly.

Action 2. Consult all business affected directly via letter inviting them to reivew the draft.

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10. Equalities Analysis Action Plan Where the equality analysis indicates a potential negative impact, consideration should be given to means of reducing or mitigating the negative effects. At this stage an Action Plan should be developed to address any concerns/issues raised in your analysis. You should also consider arrangements for reviewing the actual effect of the proposals annually once they have been implemented if appropriate. The plan should be adopted as Equality Objectives and integrated in your Service or Business Plan. If relevant, please list below any recommendations for action that you plan to take as a result of this equality analysis.

Issue Action Required

Lead Officer Timescale Resource Implications

Comments

Ensure all potentially affected licence holders are engaged and are able to comment

Consult all individual licence holders in Hounslow

Andrew Devine

June to August 2020 (consultation period)

Single Mailing to approximately 1,000 premises and personal licence holders

N/A

Identify any further equalities groups who could offer relevant feedback

Community Regulation to engage with Hounslow Equalities & Human Rights team

Andrew Devine

June to August 2020 (consultation period)

Internal officer time, limited impact

N/A

Ongoing input from local experts on licensing policy development

Continue to engage with those responsible authorities on draft of policy

Andrew Devine

June to August 2020 (consultation period) and on any post-consultation changes.

Internal officer time, limited impact

N/A

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Appendix 1

Is the policy/savings proposal/restructure/transformation decision likely to breach equalities duties below? If the proposal/policy is not remote or peripheral to the substance of the duties set out below then an Equality Analysis is relevant. Overview of Equality Act 2010 General Public Sector Equalities duties Equality Act 2010 – Section 149, Part 11, Public Sector Equality Duty (1) A public authority must, in the exercise of its functions, have due regard to the need to- (a) Eliminate discrimination, harassment, victimisation and eliminate any other conduct that is

prohibited by or under the Act; (b) Advance equality of opportunity between persons who share a relevant protected characteristic

and person who do not share it; (c) Foster good relations between persons who share a relevant protected characteristic and

persons who do not share it; (2) A person who is not a public authority but who exercises public functions must, in the exercises of those functions, have due regard to the matters mentioned in subsection (1) above. (3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to- d) remove or minimise disadvantages suffered by persons who share a relevant characteristic that

are connected to that characteristic; e) take steps to meet the needs of persons who share a relevant protected characteristic that are

different from the needs of persons who do not share it; f) encourage persons who share a relevant protected characteristic to participate in public life or in

any other activity in which participation by such persons is disproportionately low. (4) The steps involved in meeting the needs of disabled persons that are different from the needs of

persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities.

(5)Having due regard to the need to foster good relations between person who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:

a) Tackle prejudice, and b) Promote understanding.

(6) Compliance with the duties in this section may involve treating some persons more favourably

than other; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act.

(7) The relevant protected characteristics are:

a) Age; b) Disability; c) Gender reassignment; d) Pregnancy and maternity; e) Race; f) Religion or belief; g) Sex; h) Sexual orientation.

Equality Act 2010 - Section 20, Part 2 - Duty to make adjustments for disabled people

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(1) Where a provision, criterion or practice of a public body puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(2) Where a physical feature puts a disabled person at a substantial disadvantage in relation matter

in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(3) Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial

disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

Under Section 39, Part 5 of the Equality Act 2010, Employers must not discriminate against or victimise an employee:

as to the terms of employment;

in the way they make access to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

by dismissing the employee; or subjecting them to any other detriment;

Employers must ensure that they do not deny workers access to benefits because of a protected characteristic.

Where denying access to a benefit or offering it on less favourable terms the employer must be able to objectively justify the rule or practice as a proportionate means of achieving a legitimate aim.

Sections 64 and 65 relate to equal pay between men and women.

These equal pay provisions apply to all contractual terms including wages and salaries, non-discretionary bonuses, holiday pay, sick pay, overtime, shift payments, and occupational pension benefits, and to non-monetary terms such as leave entitlements or access to benefits.

Other sex discrimination provisions apply to non-contractual pay and benefits such as purely discretionary bonuses, promotions, transfers and training and offers of employment or appointments to office.

Appendix 2 Human Rights Act 1998 which came into force in 2000 Does your proposal breach any of these Articles

Article 2 - Right to Life Article 3 - Protection from torture and inhuman or degrading treatment or punishment Article 4 - Protection from slavery and forced or compulsory labour Article 5 - The right to liberty and security of person Article 6 - The right to a fair trial Article 7 - Protection from retrospective criminal offences Article 8 - The protection of private and family life Article 9 - Freedom of thought, conscience and religion Article 10 - Freedom of expression Article 11 - Freedom of association and assembly Article 12 - The right to marry and found a family Article 14 - Freedom from discrimination

For more information contact: Celia Golden Equality and Human Rights Borough Solicitors Corporate Services

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0208 583 2530 celia.golden@hounslow.gov.uk Revised October 2015