Annex 3

City of York Council

Equalities Impact Assessment

Who is submitting the proposal?

Directorate:		Environment, Transport and Planning
Service Area:		Public Protection (Licensing)
Name of the proposal:		Statement of Policy and Cumulative Impact Assessment (Licensing Act 2003)
Lead officer:		Lesley Cooke
Date assessment completed:		20 February 2025
Names of those who contributed to the assessment:
Name	Job title		Organisation	Area of expertise

Step 1 – Aims and intended outcomes 

1.1

What is the purpose of the proposal? Please explain your proposal in Plain English avoiding acronyms and jargon.

Under Section 5 of the Licensing Act 2003 local authorities are responsible for issuing premises licences, club premises certificates, personal licences and temporary event notices (TENs) in relation to the following licensable activities: · sale/supply of alcohol · provision of regulated entertainment · provision of late night refreshment There are currently 1081 premises and 4100 personal licences, and 44 club premises certificates in force.  The council receives approx. 200-300 TENs annually.  The council are required to adopt and review a Statement of Licensing Policy (a policy) at least every five years, but it can be reviewed at any time.  It was last reviewed and implemented in March 2022.  Section 5A of the Licensing Act 2003 provides that a licensing authority may, in appropriate circumstances, publish a document, at Cumulative Impact Assessment (CIA), stating that the licensing authority considers that a number of relevant authorisations in respect of premises in one or more parts of its area, described in the Assessment, is such that it is likely that it would be inconsistent with the authority’s duty under the 2003 Act to grant any further relevant authorisations in respect of premises in that part or those parts. A CIA must be reviewed at least every three years.  The Council published its first CIA in March 2019, a reviewed CIA was published in March 2022.

1.2

Are there any external considerations? (Legislation/government directive/codes of practice etc.)

Licensing Act 2003 (the Act) Section 182 Guidance for Local Authorities (last updated January 2024) In exercising their functions under the Act, the licensing authority must have regard to the licensing objectives as set out in Section 4 of the Act. The licensing objectives are: · the prevention of crime and disorder: · public safety; · the prevention of public nuisance; and · the protection of children from harm.  Mandatory licence conditions are also in place with regards to: · the supply of alcohol; · alcohol pricing; · exhibition of films; and · door supervision.

1.3	Who are the stakeholders and what are their interests?
	Generally speaking, the stakeholders are licence holders, responsible authorities, other parties including York BID, Make It York, residents and visitors to the city who share a common interest in that York is safe, vibrant and an inclusive city.

1.4

What results/outcomes do we want to achieve and for whom?  This section should explain what outcomes you want to achieve for service users, staff and/or the wider community. Demonstrate how the proposal links to the Council Plan (2019- 2023) and other corporate strategies and plans.

Under the 2003 Act licensing authorities have a legal duty to publish a Statement of Licensing Policy, this Policy must be reviewed at least every five years.  Under the 2003 Act licensing authorities can publish a Cumulative Impact Assessment (CIA), if there is the evidence base for such an assessment, if a CIA is published it must be reviewed at least every three years. City of York Council does publish a CIA which is referred to in the Policy.  The current CIA and Policy were published in 2022, both documents have been reviewed. The implementation of a Policy and CIA will support the council’s plan ‘One City For All’.

Step 2 – Gathering the information and feedback 

2.1	What sources of data, evidence and consultation feedback do we have to help us understand the impact of the proposal on equality rights and human rights? Please consider a range of sources, including consultation exercises, surveys, feedback from staff, stakeholders, participants, research reports, the views of equality groups, as well your own experience of working in this area etc.
Source of data/supporting evidence		Reason for using
Licensing Act 2003 and Section 182 Guidance		Licensing authorities must take the Act and Guidance into consideration when reviewing their Policy.  The Act states that any decisions taken by the licensing authority should aim to promote the licensing objectives: · Prevention of crime and disorder · Public safety · Prevention of public nuisance · Protection of children from harm
North Yorkshire Police provided the evidence for the CIA.		It is a legal requirement that the CIA must be evidence based.  The evidence provided by the Police identified an area within the city centre, that due to the high concentration of licensed premises, there is evidence of crime, disorder and ASB associated with the consumption of alcohol.
Information gained from attending Op Safari, Erase and Vault meetings		CYC officers attend and work jointly with colleagues from the Police, Fire Authority, YAS, BTP, York BID, Make it York, rescue boats, universities, street angels, YBAC, Pubwatch. Through the Policy we can tackle some issues identified through these meetings and working together.
City of York Council Public Health provided updated stats relating to alcohol related harm in the city.		Within the Policy there is a section ‘Local Factors’, the section highlights the factors that are affecting the city in relation to alcohol, for example the numbers of alcohol related hospital admissions.
York Open Data		To provide relevant local information for the Policy under the section ‘Local Factors’.  York Open Data is a platform created by the City of York Council which holds over 1000 different datasets, all of which are related to the City itself. All of the information is available for the public to access and manipulate.
An 8-week consultation was undertaken, as part of the review of the Policy and CIA.		It is a legal requirement that a consultation must take place when the policy and/or CIA are reviewed.  Responses to the consultation must be taken into consideration when determining the policy. The following were invited to participate in the consultation: BII · British Beer & Pub Association · Federation of Licensed Victuallers Association · CAMRA York · Club and Institute Union · Street Angels · Rescue Boat · York CVS · York & North Yorkshire Chamber of Commerce · York Citizens Advice Bureau · Older Citizens’ Advocacy York · York Age Concern · York Older Peoples Assembly · Clifton Moor Business Association · Vangarde Shopping Park · York Designer Outlet · Coppergate Centre · Federation of Small Businesses · York Professionals · York District Hospital · Make it York · Pubwatch · York High Street Forum · York BID · North Yorkshire Police · British Transport Police · North Yorkshire Fire & Rescue Service · City of York Council Public Protection · City of York Council Public Health · City of York Council Children Services · City of York Council Adult Services · City of York Council Development Control · Community Engagement Gatekeepers · Ward Councillors · Parish Councils · York & North Yorkshire Combined Authority · Police, Fire & Crime Commissioner · Yorks MPs · Premises Licence Holders

Step 3 – Gaps in data and knowledge

3.1	What are the main gaps in information and understanding of the impact of your proposal?  Please indicate how any gaps will be dealt with.
Gaps in data or knowledge		Action to deal with this
Some groups choose not to engage with the consultation		We try to engage with as many parties as possible through the consultation process.  We detailed at point 2.1 how we work closely with other CYC section and partner agencies to get a broad scope of matters.

Step 4 – Analysing the impacts or effects.

4.1	Please consider what the evidence tells you about the likely impact (positive or negative) on people sharing a protected characteristic, i.e. how significant could the impacts be if we did not make any adjustments? Remember the duty is also positive – so please identify where the proposal offers opportunities to promote equality and/or foster good relations.
Equality Groups and Human Rights.		Key Findings/Impacts	Positive (+) Negative (-) Neutral (0)	High (H) Medium (M) Low (L)
Age		The 2023-24 York Secondary School Health and Wellbeing Survey found that 65.6% of the pupils aged 11-17 years said they have tried or drink alcohol, and 30.5% said that the alcohol was given to the and a further 8.3% said someone had bought it for them with their money. The policy recommends that the age verifications policy, operated by premises licensed to sell alcohol, is ‘Challenge 25’. The policy also advises that the council will carefully consider the effects of alcohol sale and alcohol marketing on children, young people and family life.  As well as carefully considering the need to alcohol been sold/supplied at premises that are predominately used for activities targeted at children.  In the CIA, the onus is on new applicants to demonstrate how they will not add to the existing impact that licensed premises in that area are having on the community, including the supply of alcohol to under 18’s.  Alcohol related harm and hospital admissions where alcohol related conditions are either the primary reason or a contributory factor for admission, in relation to adults, are highlighted within the policy.  Through the Policy we encourage a diverse city, with offerings for all age groups. Even though under 18’s are not allowed to purchase and consume alcohol, one of the licensing objectives is to ‘protect children from harm’, the policy encourages family friendly premises where younger child can be free to go with the family.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.	Positive	Low
Disability		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.  Through the Policy we encourage consideration for disabled people or people with other additional needs.  The Purple Pound provides information on the value of being inclusive and explains the loss of income to businesses when disabled people walk away due to lack of accessibility.	Positive	Low
Gender		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.	Positive	Low
Gender Reassignment		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.  Paragraph 4.17 of the policy references hate crimes, levels of which in York are below the national average.  York Hate Crime Partnership is working to deter this behaviour and encourage reporting.  CYC Licensing and Community Safety, with partners launch the ‘Choose Respect Not Regret’ campaign in 2024.  The policy encourages that applicants and licence holders engage with local schemes such as this campaign, and national schemes such as ‘Ask for Angela’ and violent against women and girls. The Police advocate The WAVE (Welfare and Vulnerability Engagement) training, which they provide for free.	Positive	Low
Marriage and civil partnership		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.	Positive	Low
Pregnancy and maternity		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.	Positive	Low
Race		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.  Paragraph 4.17 of the policy references hate crimes, levels of which in York are below the national average.  The Council and Police are aware of a pattern of racial hate crime linked to the night-time economy, some incidents are directed to those who work in support, e.g. door staff, bar staff and taxi drivers.  York Hate Crime Partnership is working to deter this behaviour and encourage reporting.  CYC Licensing and Community Safety, with partners launch the ‘Choose Respect Not Regret’ campaign in 2024.  The policy encourages that applicants and licence holders engage with local schemes such as this campaign, and national schemes such as ‘Ask for Angela’ and violent against women and girls. The Police advocate The WAVE (Welfare and Vulnerability Engagement) training, which they provide for free.	Positive	Low
Religion and belief		Through the Policy we encourage a diverse city with offerings for everyone.  The policy encourages a variety and mix of high qualify licensed premises that will appeal to a broad spectrum of people, including a well-used city centre, day and night, that is safe and accessible to all.  Paragraph 4.17 of the policy references hate crimes, levels of which in York are below the national average.  York Hate Crime Partnership is working to deter this behaviour and encourage reporting.  CYC Licensing and Community Safety, with partners launch the ‘Choose Respect Not Regret’ campaign in 2024.  The policy encourages that applicants and licence holders engage with local schemes such as this campaign, and national schemes such as ‘Ask for Angela’ and violent against women and girls. The Police advocate The WAVE (Welfare and Vulnerability Engagement) training, which they provide for free.	Positive	Low
Sexual orientation		As above	Positive	Low
Other Socio-economic groups including :		Could other socio-economic groups be affected e.g. carers, ex-offenders, low incomes?
Carer		There are no known findings/impacts specific to this group	Positive	Low
Low income groups		There are no known findings/impacts specific to this group	Positive	Low
Veterans, Armed Forces Community		There are no known findings/impacts specific to this group	Positive	Low
Other		There are no known findings/impacts specific to this group
Impact on human rights:
List any human rights impacted.		None

Use the following guidance to inform your responses:

Indicate:

- Where you think that the proposal could have a POSITIVE impact on any of the equality groups like promoting equality and equal opportunities or improving relations within equality groups

- Where you think that the proposal could have a NEGATIVE impact on any of the equality groups, i.e. it could disadvantage them

- Where you think that this proposal has a NEUTRAL effect on any of the equality groups listed below i.e. it has no effect currently on equality groups.

It is important to remember that a proposal may be highly relevant to one aspect of equality and not relevant to another.

High impact (The proposal or process is very equality relevant)	There is significant potential for or evidence of adverse impact The proposal is institution wide or public facing The proposal has consequences for or affects significant numbers of people The proposal has the potential to make a significant contribution to promoting equality and the exercise of human rights.
Medium impact (The proposal or process is somewhat equality relevant)	There is some evidence to suggest potential for or evidence of adverse impact The proposal is institution wide or across services, but mainly internal The proposal has consequences for or affects some people The proposal has the potential to make a contribution to promoting equality and the exercise of human rights
Low impact (The proposal or process might be equality relevant)	There is little evidence to suggest that the proposal could result in adverse impact The proposal operates in a limited way The proposal has consequences for or affects few people The proposal may have the potential to contribute to promoting equality and the exercise of human rights

Step 5 - Mitigating adverse impacts and maximising positive impacts

5.1	Based on your findings, explain ways you plan to mitigate any unlawful prohibited conduct or unwanted adverse impact. Where positive impacts have been identified, what is been done to optimise opportunities to advance equality or foster good relations?
By publishing the Policy and the CIA the council is giving a clear guide to licence holders, new applicants, responsible authorities and other parties with regards to how licensing matters will be dealt with by the authority, with the aim to promote the four licensing objectives.

Step 6 – Recommendations and conclusions of the assessment

6.1	Having considered the potential or actual impacts you should be in a position to make an informed judgement on what should be done. In all cases, document your reasoning that justifies your decision. There are four main options you can take:
- No major change to the proposal – the EIA demonstrates the proposal is robust.  There is no potential for unlawful discrimination or adverse impact and you have taken all opportunities to advance equality and foster good relations, subject to continuing monitor and review.
- Adjust the proposal – the EIA identifies potential problems or missed opportunities. This involves taking steps to remove any barriers, to better advance quality or to foster good relations. - Continue with the proposal (despite the potential for adverse impact) – you should clearly set out the justifications for doing this and how you believe the decision is compatible with our obligations under the duty - Stop and remove the proposal – if there are adverse effects that are not justified and cannot be mitigated, you should consider stopping the proposal altogether. If a proposal leads to unlawful discrimination it should be removed or changed. Important: If there are any adverse impacts you cannot mitigate, please provide a compelling reason in the justification column.
Option selected		Conclusions/justification
No major change to the proposal		By reviewing the Policy and CIA, and consulting on the review, the council has met the legal requirements of the Licensing Act 2003.  The EIA demonstrates the proposal is robust.  There is no potential for unlawful discrimination or adverse impact and you have taken all opportunities to advance equality and foster good relations, subject to continuing monitor and review.

Step 7 – Summary of agreed actions resulting from the assessment

7.1	What action, by whom, will be undertaken as a result of the impact assessment.
Impact/issue		Action to be taken	Person responsible	Timescale
None

Step 8 - Monitor, review and improve

8. 1	How will the impact of your proposal be monitored and improved upon going forward?   Consider how will you identify the impact of activities on protected characteristics and other marginalised groups going forward? How will any learning and enhancements be capitalised on and embedded?
	It is it is It is a legal requirement that the Policy is reviewed at least once every five years, and the CIA is reviewed at least once every three years.