ARGYLL AND BUTE LICENSING BOARD
22 JUNE 2013
EQUALITIES MAINSTREAMING REPORT AND EQUALITY OUTCOMES
1.
SUMMARY
1.1 This report outlines the Argyll and Bute Licensing Board’s Equalities
Mainstreaming Report and Equality Outcomes as required by the Equality
Act 2010 (Specific Duties) (Scotland) Regulations 2012.
1.2 The report provides details the measures currently in place to ensure
compliance with these statutory duties.
1.3 A range of proposed activities are identified that could assist the Board in
making further progress in addressing this duty.
2.
RECOMMENDATION
The Board is requested to approve the content of the Equalities
Mainstreaming Report and Equality Outcomes for publication as required by
the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012.
3.
DETAIL
3.1 Argyll and Bute Licensing Board is included within the definition of a public
authority, distinct from the Council, as specified in the Equality Act 2010
(Part 3, Schedule 19).
3.2 The Equality Act 2010 (the Act) imposed the ‘General Equality Duty’ on
public authorities. In exercising its duties in terms of the Act, it must have
regard to the need to:


Eliminate discrimination
Advance equality of opportunity; and
Foster good relations
3.3 The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
imposes more specific requirements on public authorities, including licensing
boards.
3.4 Under these regulations, the Board is required to:
•
•
Publish equality outcomes which will enable the Board to better
perform the General Equality Duty
Report on the progress made in relation to ensuring that the General
Equality Duty is integral to the exercise of its functions so as to better
perform that duty (referred to as ‘mainstreaming’ the equality duty).
The mainstreaming report must incorporate;
o An annual breakdown of information on the composition of the
authority’s employees
o the recruitment and retention of employees
with respect to the number and relevant protected characteristic of
such persons.
4.
Equality Outcomes
4.1 The requirements in regard to the outcomes are that the Board:
 identifies a set of outcomes
 publishes these
 monitors and reports on progress in meeting the outcomes
4.2 The equality outcomes for Argyll and Bute Licensing Board are informed by
data and information gathered and analysed by Argyll and Bute Council.
The staff, property and services required by the Board and the Clerk to the
Board are provided by the Council, as described in the Licensing (Scotland)
Act 2005. The Board also has access to the Equality and Rights Impact
Assessment information as relevant to their development of policies and
procedures.
4.3 The Board is currently reviewing its statement of licensing policy, including a
review of how this meets the General Equality Duty. The draft equality
outcomes recommended to the Board for approval are:
1. Public engagement; improved arrangements for engaging with the
public on licensing issues, particularly through the Local Licensing
Forum
Relevant duties - advance equality of opportunity, foster good
relations
Protected Characteristic – age, gender, race, religion and belief,
sexual orientation, gender reassignment
2. Service delivery; ensure that the Board delivers its functions to meet
the needs of those
4.
CONCLUSION
4.1
The Equalities Mainstreaming Report and Equality Outcomes meets
the requirements of the public sector equality duty. Following approval
of the outcomes, an action plan will be developed in liaison with all
services.
5.
IMPLICATIONS
5.1
Policy - The Public Sector Equality Duty assists in delivering the
Council’s corporate objectives.
5.2
Financial – No Implications
5.3
Legal – The Equality Act 2010 (Specific Duties) (Scotland) Regulations
2012 includes a duty for public authorities to publish equality outcomes
and report on progress
Any person, including the EHRC, can apply to the Court of Session for
judicial review of a public body that they felt was failing to comply with
the general duty.
For the specific duty, the EHRC can only enforce.
5.4
HR – No implications
5.5
Equalities – As part of the Equality duty, the council is required to
eliminate discrimination, advance equality of opportunity and foster
good relations
5.6
Risk – Failure to publish Equality Outcomes/Pay information and a
mainstreaming report could result in adverse publicity for the Council.
5.7
Customer Service – No Implications
6.
FURTHER INFORMATION
For further information, please Susan Mair (Legal Services Manager) on
01546 604117.