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Equality Screening Outcome Report

Pavement cafés

The Council has a statutory duty to screen. This includes our strategies, plans, policies, legislative developments; and new ways of working such as the introduction, change or end of an existing service, grant funding arrangement or facility. This screening template is designed to help departments consider the likely equality impacts of their proposed decisions on different groups of customers, service users, staff and visitors. 

Before carrying out an equality screening exercise, it is important that you have received the necessary training first. To find out about the training needed or any other queries on screening, contact the Equality and Diversity Officer (job-share) Lorraine Dennis on extension 6026 or 6027, or by email equality@belfastcity.gov.uk

The accompanying Screening Guidance note provides straightforward advice on how to carry out equality screening exercises. Detailed information about the Section 75 equality duties and what they mean in practice is available on the Equality Commission’s website.

The screening template has four sections to complete. These are:

Section A - provides details about the policy or decision that is being screened

Section B – gives information on the consultation process, supporting evidence gathered and has 4 key questions outlining the likely impacts on all equality groups.

Section C - has 4 key questions in relation to obligations under the Disability Discrimination Order

Section D - is the formal record of the screening decision.

Section A

Details about the policy or decision to be screened

1. Title of policy or decision to be screened

A permanent licensing scheme for pavement cafés in Belfast and associated guidance for applicants.

Under the provisions of the Licensing of Pavement Cafés Act (Northern Ireland) 2014 the Council may grant Pavement Café Licences. A pavement café licence authorises a person who carries out a business involving the supply of food or drink (in or from premises) to place furniture (tables, chairs, etc.) in a public area for use by customers.

In June 2020, Belfast City Council introduced a temporary process for considering pavement café applications to assist the hospitality sector during the recovery period following the Covid-19 pandemic lockdown. This scheme has been extended twice and it has now been agreed by Council that it will expire on 31 December 2023. The Council has agreed to introduce a permanent pavement café licensing scheme and transition to that scheme over a 3-month period when the current temporary process comes to an end.

2. Brief description of policy or decision to be screened

(Explain - Is this a new, revised or existing policy? Are there financial, legislative or procurement implications?)

This is a review of an existing policy – in June 2020 the Council introduced a temporary process for pavement café licence applications, with no associated fee, to help businesses recover during Covid-19.

The process was always intended to be a temporary process, as when businesses reopened after lockdown patrons were not allowed to be inside the premises due to social distancing restrictions. This temporary process was considered as part of the solution to help business recovery and was originally to be for a period of one year. It gave the ability to businesses to start using the pavement café area whilst their licence application was being determined and statutory agencies were encouraged, by Government, to take a very liberal view when considering applications to allow hospitality businesses to reopen.

This liberal approach when considering applications meant permitting pavement cafés that would not have been agreed in ‘normal’ circumstances. For example:

  • Much larger pavement café areas,
  • Pavement cafés being allowed to use the road,
  • DfI introducing ‘Parklets’ to be used as a pavement café area, and
  • DfI temporarily closing or restricting roads, so they could be used for a pavement café area.

Also, post lockdown, the City was a very different place compared to now; patrons were not allowed to be inside hospitality premises, there were social distancing and mobility restrictions, most people were working from home, footfall was down in the City centre, as was traffic and this gave significantly more available space on the street.

The Council has now agreed to introduce a permanent pavement café licensing scheme and transition to that scheme when this current temporary process comes to an end on 31 December 2023. The permanent scheme will mirror the existing temporary scheme in most aspects, however, associated fees may apply, the liberal approach outlined is no longer considered appropriate, licence conditions may be amended to address specific issues, and it is intended that the permanent scheme will include increased monitoring and stepped-up enforcement activity with regards to both licensed and unlicensed pavement cafés.

It is recognised that new pavement cafés appearing in areas where pedestrians, particularly those with sight loss or who are blind, older people and those with dependents will be impacted. However, it is considered that there will be a beneficial outcome as street furniture, space and safety standards are controlled. For example pavement cafés will have to be contained within a screened area, to remove the risk of walking into loose tables and chairs and the obstruction of footpaths may reduce as maintaining pedestrian flow, clear access for disabled people and people with buggies, and keeping clear access to the entrances to business premises and to road crossings etc. is considered within the licensing scheme’s best practice technical guidance and will be considered before a license is granted.

3. Aims and objectives of the policy or decision to be screened

(What is the policy trying to achieve?)

The objectives are as follows:

  • The provision of a permanent licensing of pavement cafés scheme for Belfast (to be implemented once the current temporary scheme expires, with transitional arrangements). The scheme aims to be consistent in approach, in the good practice guidance used and in fees charged (when appropriate), with the rest of Northern Ireland, whilst taking into account Belfast specific issues or views;
  • To continue to facilitate the controlled expansion of suitable premises such as cafés, restaurants and pubs, providing small businesses with an opportunity to boost their income at a time of economic crisis, in support of a vibrant daytime and evening economy and for the general wellbeing of the community;
  • To ensure Belfast has well-regulated pavement cafés, having a positive effect on urban environments, enhancing the attractiveness of local areas and contributing to an excellent visitor experience;
  • While the provision of pavement cafés is encouraged it is important that they are properly situated and managed. There is scope to ensure they enhance the locality in which they are to be situated and not create undue noise or other nuisance to residents or neighbouring businesses; and
  • A key consideration prior to licensing will be that the pavement café does not obstruct the footpath or footway and does not present a hazard for pedestrians, particularly those with a physical disability or mobility requirements, who are blind or partially sighted and carers or people with dependants.
4. On whom will the policy or decision impact?

Consider the internal and external impacts (both actual or potential) and explain:-

Members: Yes.

Any pavement café licensing scheme continues to receive political oversight and endorsement of measures proposed by senior officers, with reports provided to the Licensing Committee, who will also hear any representations or objections concerning licence applications and decide whether or not to grant the pavement café licence as well as deciding on any proposals to revoke an existing licence. 

Staff: Yes.

There is some impact on staff as Belfast City Council is required to administer and enforce the legislation through the licensing scheme with an application and inspection procedure. This function sits within the existing Building Control Service’s Licensing Team.

Service users: Yes.

There will be an impact on those that already have a pavement café licence under the temporary scheme, who will need to apply under the new scheme in accordance with agreed transitional arrangements. The permanent scheme will have an application and associated fees may apply. A few existing licensees may find that some changes are required to their existing pavement café, as well as additional conditions to be complied with by all licensees, as the permanent scheme moves away from the liberal approach of the temporary scheme. Both licensed pavement cafés and those operating a pavement café without a licence will be subject to increased monitoring and enforcement when the permanent scheme is fully implemented. Previous consultation with the hospitality sector suggests that these small businesses see it as an opportunity to boost their income; and views on this as well as on fees are being sought from business groups and current licensees during our consultation.

Other public sector organisations: Yes.

It is generally only pavement cafés located on public land such as footpaths that will be licensed and impact will be limited to those groups or organisations adjacent to or intending to operate their own pavement cafés. There may be instances whereby Department for Communities (DfC) and the Council may enter into agreements with businesses to use their land to enable a licence to be issued for cafés in Belfast. As part of the licensing process councils are required to consult with DfI Roads, and where the premises are licensed for the sale of alcohol, with the PSNI, so these organisations will be impacted by an additional workload associated with the licensing scheme.

Voluntary, community groups or trade unions: Yes.

It is generally only pavement cafés located on public land such as footpaths that will be licensed and impact will be limited to only those groups or organisations adjacent to or intending to operate their own pavement cafés. The level of fees may pose a barrier to not-for-profit groups wishing to operate a pavement café on public land, who will need to apply. Some voluntary or community groups may be impacted by increased work engaging in the pavement café licensing process, making objection, etc. as part of advocating for those they work with or support in the community, residents, people with disabilities, etc.

Others, please specify: Yes.

Pedestrians, particularly disabled people, and in particular people with restricted mobility or people with sight loss or who are blind. Other pedestrians including older people and people with buggies may be impacted by restriction of footpath space and new hazards.

It is recognised that new pavement cafés opening in areas which are already well known to pedestrians with sight loss and who are blind, may have the most impact until the pavement cafés become familiar. 

There will be impacts on pedestrians where pavement cafés are located and on the customers of the businesses themselves and of nearby businesses. 

However, it is considered that proper regulation of pavement cafés can, and over the last few years of the temporary scheme has had a beneficial outcome as street furniture, space and safety standards etc. are controlled. For example, pavement cafés must be contained within a screened area to remove the risk of walking into loose tables and chairs, and the obstruction of footpaths may reduce as the enclosure is assessed with the aim of maintaining pedestrian flow. Access for disabled people and people with buggies and keeping clear access to the entrances to business premises and to road crossings etc. is considered within the licensing scheme’s guidance and is considered before a licence is granted.

The Council has no powers to regulate other street clutter such as A Boards or shop displays under this legislation.

5. Are there linkages to other Agencies or Departments?

Yes, the main linkages are with DfI Roads and PSNI as the Council is required to consult about licensing applications with DfI Roads, and where the premises are licensed for the sale of alcohol, also to consult with the PSNI.

BCC Environmental Health and BCC Planning Service can also be involved in regards to some applications, as can the Building Regulations function within Building Control (for example when fixed awnings are being provided to a pavement café).

Section B

Information on the consultation process, supporting evidence gathered and has 4 key questions outlining the likely impacts for equality and good relations

6. Outline consultation process planned or achieved

Previous consultation achieved

Consultation by the Department for Communities during the drafting and progress of the Bill through the Assembly

The Licensing of Pavement cafés Bill was introduced in the Northern Ireland Assembly on 17 June 2013 (Bill 24/11-15) following calls from key stakeholders for the introduction of a statutory licensing scheme for pavement cafés, a consultation was launched. The Department also met with several organisations to discuss the issue. The consultation paper sought views on a proposal to provide district councils with the power to licence occupiers of suitable premises to place tables and chairs on the pavement. The overall response to the consultation was very positive.

Before introducing the Bill, in accordance with its duty under Section 75 of the Northern Ireland Act 1998, the Department conducted a screening exercise on the proposal for a statutory licensing scheme, concluding that it did not have any significant implications for equality and that an equality impact assessment was therefore not necessary. 

During formulation of the Bill there was engagement between Department officials and groups representing disabled people and the Communities Committee consulted with the groups that represent people with disabilities during its detailed consideration of the Bill. During the process of bringing the Licensing of Pavement cafés Bill through the Assembly, the Committee called for evidence. One general concern that the Communities Committee had, as it took evidence during the committee stage, was the potential implications of pavement cafés for those with disabilities, particularly if there is expansion of pavement cafés. 

Communities Committee members met representatives of RNIB and were made aware of the inconvenience and potential distress that could be experienced by partially sighted individuals when presented with unfamiliar obstacles on journeys with which they are usually familiar. 

The Communities Committee held an evidence session on 17 October 2013 with the Inclusive Mobility and Transport Advisory Committee (IMTAC) and Guide Dogs Northern Ireland and considered comments from Disability Action.

Engagement and consultation carried out by the Council

At the Council’s Licensing Committee’s meeting of 21 October 2015 representatives from the DfC Social Policy Unit and from Hospitality Ulster appeared before the Committee to discuss the introduction of the new legislation and the supplementary guidance being developed to help councils administer applications.

Arising from this the Licensing Committee agreed that officers should facilitate discussion between councils, the DFC and DFI, Hospitality Ulster, Disability Action, Transport NI, the PSNI and other relevant parties, with a view to formulating guidance and practice note on the design and management of pavement cafés in Northern Ireland.

It was felt that the supplementary guidelines produced by the DFC were drafted without the appropriate level of engagement with councils and other key stakeholders. Officers from the Building Control Service held discussions with Councils throughout Northern Ireland and other relevant stakeholders, including IMTAC, to develop good practice guidance on the design and management of pavement cafés prior to the introduction of the Act on 1 October 2016.

The Licensing Forum NI, which is chaired by the Building Control Manager, had set up working groups with representatives from the 11 councils to establish consistency of approach and to seek ways to reduce the administrative burden on councils and businesses alike. Working groups have engaged with key stakeholders including Department for Infrastructure (DFI) Roads, Police Service of Northern Ireland (PSNI), IMTAC and representatives of other disability groups and the Planning Service.

The Building Control Service has engaged:

  • With key stakeholders including DFI Roads, PSNI, and the Planning Service through participation in Licensing Forum NI working groups;
  • With its existing licensing customers through its regular Licensing Customer forum directly with Hospitality Ulster;
  • By making presentations to the Public Space Management Action Group, which is facilitated by BCCM, and by working with this group in developing best practice guidance. We have continued to meet with the group. Pavement cafés is a regular agenda item;
  • By making a presentation at Economic Development’s Retail Forum Meeting June 2016 – which is used to communicate with retail business association in the city including Belfast City Centre Management, NIRTA and the NI Retail Consortium and 7 business associations (including Ballyhackamore, Antrim Road, Belmont Road, West Belfast Traders Forum, Holywood Arches Business Association and Greater Shankill Business Association);
  • By making a presentation to the Council’s Consultative Forum;
  • By having a walk around the City centre with disabled people;
  • By attending meetings with IMTAC and making a presentation to their board. We also continue to engage with IMTAC regarding how the licensing of pavement cafés is impacting on their members, we also sought their opinion on extending the temporary licence period; and
  • Attended a meeting with the N.I. Assembly’s All-Party Group on Visual Impairment.

Consultation on best practice guidance, design standards

Consultation on Fees - The Act states the procedures which the Council must follow in setting the fees. The Building Control Service consulted with potential pavement café operators on the proposed fees for a pavement café licence application. We placed a public notice in the three main papers, had an online questionnaire on citizen space, consulted directly with trade and business groups. The outcome of this consultation was brought before the Licensing Committee, and the final fee was determined for a five-year licence and ratified by full Council.

The Council subsequently determined that no fees would be applied during a limited recovery phase of the Covid -19 pandemic, and this was extended during the temporary licence extension periods.

Planned consultation on pavement café licence applications during the application process - Councils will have autonomy to select which representative groups they consult with regarding the establishment of pavement cafés. (Hansard 25 June 2013 Volume 86, No 6).

It is recognised that new pavement cafés appearing in areas where pedestrians, particularly those with sight loss and who are blind, are familiar with, may have the most impact. Public consultation during the application process will be by listing applications and licensed pavement cafés on the council website for information purposes.

Planned or ongoing consultation

Consultation is currently underway and we are engaging with existing licensees, the business community, representatives of people with disabilities and relevant government agencies, as well as undertaking a YourSay public consultation to obtain views on the merits of Pavement Café licensing and to collate any issues members of the public may raise.

The YourSay public consultation is planned to run for 8 weeks during October – November 2023 which will be augmented by additional, focused consultation and workshops targeted at those groups and businesses likely to be most impacted by the Pavement Café Licensing scheme (with a workshop for both business and disability umbrella groups and Councillors), running alongside the public consultation. 

Views are to be sought on the benefits of pavement cafés and any issues experienced during the temporary scheme; on the transition to a permanent scheme, including charging of fees, the length of the licence period, the guidance and technical requirements for pavement cafés, standard licence conditions, and on the continued use of the temporary licensing scheme guidance for applicants, which was produced based on the Department for Communities guidelines and supplementary guidance from the Licensing Forum Northern Ireland.

As part of the consultation, on 5 September 2023, a workshop was held for Members to discuss pavement café licensing and their views on moving to a permanent scheme. As well as officers from Building Control and Planning there were staff from Open Spaces and Street scene, City Regeneration and Development, and Legal and Civic Services available to provide input to the workshop on matters such as how pavement cafés contribute to vibrancy, impact on amenity and their effect on other road or pavement users. Some of the key outcomes of the workshop were that there was a general view that pavement cafés were a positive addition to the City and that proper regulation and proportionate enforcement would be an important aspect of any permanent scheme to ensure a fair approach for all those wishing to benefit from a pavement café licence.

7. Available evidence

What evidence or information (both qualitative and quantitative) have you gathered to inform this policy? Set out all evidence to help inform your screening assessment.

It is important to record information gathered from a variety of sources such as: monitoring information; complaints; research surveys; consultation exercises from other public authorities.

Monitoring Information: Planned inspections are carried out of every application premises, and in addition monitoring inspections are made of licenced pavement cafés, inspections made in relation to complaints and unlicensed pavement cafés have been visited to discuss making applications. Approximately 200 inspections have been carried out to date and, generally, the level of compliance of licensed pavement cafés has been high and has been further raised through on-site discussions.

Complaints: We monitor complaints about pavement cafés and the licensing process, and any recurring themes will be used to inform future reviews of the licensing scheme. An online facility to make a complaint about a pavement café is also available on the Council’s website. Complaints about individual pavement café premises are investigated and will be considered when the licence is due for renewal.

The number of complaints that have been received to date is reasonably low, totalling 11 complaints about licensed pavement cafés and 12 for unlicensed locations in total for 2020 and 2021. Most of these complaints came in the May Bank Holiday weekend (2021) coinciding with re-opening of outdoor areas. Most complaints have been resolved quickly. From 2022 to September 2023, we have received 13 complaints about 10 individual pavement café premises, 4 of which have a temporary pavement café licence. Of these complaints 5 expressed concerns around accessibility for people with a disability passing-by the premises, and of these only one pavement cafés had an existing licence.

If there are complaints, the Belfast City Council comments and complaints procedure will be available. Common themes have been:

  • PC furniture obstructing footpath or pedestrian movement, particularly for those with disabilities;
  • PC furniture obstructing or blocking access to other premises;
  • Unlicensed PC;
  • Cleansing issues;
  • PC size expanding or at other premises frontage without permission;
  • PC area not managed - anti-social behaviour; and
  • Use of a loading bay.

Research and Surveys: Following an initial survey undertaken to establish the numbers of pavement café premises at present in Belfast – when there were approximately 300, an updated survey has been carried out in 2023 – there are now approximately 230 pavement cafés in Belfast, with 94 temporary pavement café licences having been issued. There are a considerable number of unlicensed pavement cafés; in Belfast City Centre in particular. Survey data collected includes any compliance issues, photographs, etc. and this data will continue to be updated when the permanent scheme is introduced. We will engage with business owners and encourage licence applications to be made, seek that pavement cafés are improved if necessary, and enforcement action will be taken, when necessary, with the aim of all pavement cafés in Belfast being licenced and properly regulated.

Consultation exercise and other public authorities: Previous consultation regarding Licensing Forum guidance as referred to, which is the basis of our pavement café guidance.

Section 75 category

Details of evidences or information and engagement

Religious belief

 Not applicable

Political opinion

 Not applicable

Racial group

Country of birth statistics taken from the last census in 2021, show that 8.6 per cent of all usual Belfast residents were born outside the UK and Ireland. While the largest ethnic group in Belfast included people who identified as White (92.9 per cent), this was followed by Chinese (1.4 per cent), Indian (1.3 per cent), people of mixed ethnicity (1.2 per cent) and Black African (1.2 per cent). People born in other EU countries comprised 3.8 per cent of Belfast’s population, and people born in the rest of the world comprised 6.1 per cent. 

Ethnic background

Belfast

Northern Ireland

White

92.9 per cent

96.6 per cent

Irish Traveller

0.1 per cent

0.1 per cent

Roma

0.1per cent

0.1 per cent

Indian

1.3 per cent

0.5 per cent

Chinese

1.4 per cent

0.5 per cent

Filipino

0.5 per cent

0.2 per cent

Pakistani

0.1 per cent

0.1 per cent

Arab

0.3 per cent

0.1 per cent

Other Asian

0.5 per cent

0.3 per cent

Black African

1.2 per cent

0.4 per cent

Black Other

0.1 per cent

0.2 per cent

Mixed

1.2 per cent

0.8 per cent

Other ethnicities

0.3 per cent

0.2 per cent

The Census showed that the most commonly spoken languages in Belfast (excluding English and Irish) are Polish, Arabic and Chinese

Ethnic background

Belfast

Northern Ireland

English

89.86 per cent

92.03 per cent

Polish

1.11 per cent

1.06 per cent

Lithuanian

0.11 per cent

0.47 per cent

Irish

0.77 per cent

0.31 per cent

Romanian

0.42 per cent

0.30 per cent

Portuguese

0.19 per cent

0.26 per cent

Arabic

0.59 per cent

0.19 per cent

Bulgarian

0.05 per cent

0.19 per cent

Chinese (not otherwise specified)

0.66 per cent

0.17 per cent

Slovak

0.19 per cent

0.12 per cent

Hungarian

0.13 per cent

0.11 per cent

Spanish

0.28 per cent

0.10 per cent

Latvian

0.04 per cent

0.09 per cent

Russian

0.07 per cent

0.08 per cent

Tetun

0.01 per cent

0.08 per cent

Malayalam

0.15 per cent

0.08 per cent

Tagalog or Filipino

0.13 per cent

0.07 per cent

Cantonese

0.12 per cent

0.07 per cent

Other languages

1.74 per cent

0.71 per cent

No code required

3.38 per cent

3.50 per cent

Age

55.2 per cent of the population aged under 40 compared to 50.4 per cent of the NI population.

Location

0 to 14 years

15 to 39 years

40 to 64 years

65+ years

Belfast

18.0 per cent

37.1 per cent

30.1 per cent

14.7 per cent

Northern Ireland

19.2 per cent

31.2 per cent

32.4 per cent

17.2 per cent

NISRA projects that the proportion of older people (aged 65+) will increase to 24.8 per cent by mid-2045. The proportion of older people will overtake the proportion of children (aged 0–15) for the first time by mid-2027.

While, in general, the population is living longer, this is often with long-term health conditions. In Belfast on Census day 2021, 37.1 per cent of people aged 65 and over reported that they had no limiting health problems or disabilities. This is compared to 73.3 per cent across the general population. 

 

All ages

0 to 14

15 to 39

40 to 64

65+

 

Day-to-day activities limited a lot

13.6 per cent

4.3 per cent

5.9 per cent

18.5 per cent

34.1 per cent

 

Day-to-day activities limited a little

13.2 per cent

6.5 per cent

8.7 per cent

15.1 per cent

28.8 per cent

 

Day-to-day activities not limited

73.3 per cent

89.3 per cent

85.5 per cent

66.4 per cent

37.1 per cent

 

People aged 65 and over are also less likely to report good or very good health (42.9 per cent) than the general population of all ages (75.8 per cent). 

The age profile of blind and people with sight loss in Northern Ireland differs from that of the resident population as a whole. In general terms, they tend to be older than the general population. For example, while 19.2 per cent of the resident population are aged 0-15 years, only 4.4 per cent of blind or partially sighted persons are in this age category. In contrast, 59.7 per cent of the blind or partially sighted population are aged 65 or over, while this age group accounts for 17.2 per cent of usual residents.

The age profile of Belfast is similar to that of the wider region. Almost one in five residents (18.0 per cent) are aged under 15, slightly lower than the Northern Ireland average (19.2 per cent). The working age population (aged 16-64 years) make up two-thirds (66.14 per cent) of all Belfast residents. Older people (aged 65+) currently account for 14.72 per cent of the Belfast population.

Statistics also reveal an ageing population. From 2011 to 2021, the NI population aged over 65 years has increased by over 60,000 (25 per cent). Older people are both pavement café users and pedestrians. It is important that the pavement café is accessible to use. Older Pedestrians, may be impacted upon by restriction of footpath space and new hazards. Furthermore older people particularly need to be made aware of the actual change to street scape taking place.

Marital status

Not applicable

Sexual orientation

Not applicable

Men and women generally

Not applicable

Disability

The 2021 Census asked people to what extent a long-term health problem or disability limits their day-to-day activities. Just over 1 in 4 (26.7 per cent) Belfast residents have a limiting health condition or disability, which is higher than the proportion of residents across NI.

Belfast residents are also more likely to have multiple long-term health conditions (18.9 per cent compared to the NI average of 16.6). According to the 2021 Census, just over 1 in 4 Belfast residents (26.7 per cent) have a long-term health condition or disability that limits their day-to-day activities. This is slightly higher than the NI average of 24.4 per cent. 

Location

Day-to-day activities limited a lot

Day-to-day activities limited a little

Day-to-day activities not limited

Belfast

13.6 per cent

13.2 per cent

73.3 per cent

Northern Ireland

11.5 per cent

12.9 per cent

75.7 per cent

Belfast residents are also more likely to have more than one long-term health condition (18.9 per cent) compared to 16.6 per cent across NI, with 2.6 per cent having 5 or more long-term health conditions. 

This table provides information on mobility or dexterity difficulties that requires the use of a wheelchair. Belfast has a higher percentage of people who require the use of a wheelchair for mobility.

People that have a mobility or dexterity difficulty that requires the use of a wheelchair

Belfast

Northern Ireland

 

Number

Per cent

Number

Per cent

 

5,659

1.64

28138

1.48

This table provides information on blindness (or partial sight loss) and other communication difficulty. Belfast has a higher percentage of residents with blindness and sight loss and communication difficulty.

People with blindness or partial sight loss

Belfast

Northern Ireland

 

Number

Per cent

Number

Per cent

 

6,869

1.99

33,961

1.78

Sight loss affects the ability to receive and use information, to get out and about and travel independently, to act effectively as an informed consumer and, generally, to participate in society

The main issues facing people with sight loss when using the streetscape include: accessible crossing points; shared space schemes which remove kerbing and tactile paving; advertising boards left on the pavement; as well as street and café furniture.

Disabled people are both pavement café users and pedestrians. It is important that the pavement café is accessible to use. Pedestrians, particularly disabled people, particularly people with restricted mobility or people with sight loss or who are blind, may be impacted upon by restriction of footpath space and new hazards.

Problems are caused when items are poorly placed and managed, overused, or when the obstacle itself is hard to see or detect properly with a white cane. In these cases street furniture can become a hazard and increase the risk of significant collisions that result in injury. Furthermore disabled people need to be made aware of the actual changes to streetscapes in the City taking place

Dependants

The 2021 Census found that 28.6 per cent of households in Belfast included a dependent child compared to 33.9 per cent of households across NI. This includes 19.2 per cent which are lone parent households (higher than the NI average of 17.1 per cent). 

The 2021 Census also found that 12.3 per cent of Belfast residents provide unpaid care for a dependant adult. People aged 40 to 64 (20.1 per cent) and 65 and over (12.0 per cent) are most likely to provide unpaid care. 

People with dependants are both pavement café users and pedestrians. It is important that the pavement café is accessible to use. Pedestrians, with dependants either younger or older buggies may be impacted upon by restriction of footpath space and new hazards.

Furthermore people with dependants need to be made aware of the actual change to street scape in the City Centre taking place.

8. What is the likely impact (indicate if the policy impact is positive or negative) on equality of opportunity for those affected by this policy, for each of the Section 75 equality categories? What is the level of impact?

Section 75 category

Likely impact?

Level of impact? Minor, Major or None

Religious belief

None

None

Political opinion

None

None

Racial group

We are aware that some groups will not have the same access to information as others, this includes people whose first language is not English.

Minor

Age

The needs of older people who may have challenges with mobility and sight within the pavement café and using the footpath or street have been considered in light of best-practice design and management guidelines.

The licensed pavement cafés will themselves be accessible to older people to enjoy and participate in café culture, and they should not obstruct access to the existing indoor services. This will be achieved through the provision of suitable furniture, which is adequately spaced, adequately visible and limited to a defined area that is screened-off in order to prevent people, especially those with visual sight loss colliding without warning with groups of chairs or tables. There will be a requirement to maintain a clear passage space on the footpath, and to maintain clear access to road crossing points and the access to adjoining businesses.

It is envisaged that this will be an improvement of standards and accessibility over some current, non-licensed pavement cafés, and therefore the licensing process supports the equality of opportunity to older people by ensuring that pavement cafés and the areas around them are accessible and supportive of their needs. The needs of older people within the pavement café and using the footpath or street have been considered.

Minor

Marital status

None

None

Sexual orientation

None

None

Men and women generally

None

None

Disability

The needs of disabled people within the pavement café and using the footpath or street have been considered in light of best-practice design and management guidelines.

The licensed pavement cafés will themselves be accessible to disabled people to enjoy and participate in café culture and in keeping with the DDA, and they should not obstruct access to the existing indoor services. This will be achieved through the provision of suitable furniture, which is adequately spaced, adequately visible and limited to a defined area that is screened-off in order to prevent people, especially those with visual impairment colliding without warning with groups of chairs or tables. There will be a requirement to maintain a clear passage space on the footpath, and to maintain clear access to road crossing points and the access to adjoining businesses.

It is envisaged that this will be an improvement of standards and accessibility over some current, non-licensed pavement cafés, and therefore the licensing process supports the equality of opportunity to disabled people by ensuring that pavement cafés and the areas around them are accessible and supportive of their needs.

 Minor

 Dependants

The needs of people with dependents within the pavement café and using the footpath or street have been considered in light of best-practice design and management guidelines.

The licensed pavement cafés will themselves be accessible to people with dependents to enjoy and participate in café culture, and they should not obstruct access to the existing indoor services. This will be achieved through the provision of suitable furniture, which is adequately spaced, adequately visible and limited to a defined area that is screened-off in order to prevent people with dependants colliding without warning with groups of chairs or tables. There will be a requirement to maintain a clear passage space on the footpath, and to maintain clear access to road crossing points and the access to adjoining businesses.

It is envisaged that this will be an improvement of standards and accessibility over some current, non-licensed pavement cafés, and therefore the licensing process supports the equality of opportunity to people with dependents by ensuring that pavement cafés and the areas around them are accessible and supportive of their needs. The needs of people with dependents within the pavement café and using the footpath or street have been considered.

 Minor

9. Are there opportunities to better promote equality of opportunity for people within the Section 75 equalities categories?

Section 75 category

If Yes, provide details

If No, provide reasons

Religious belief

No

There are no opportunities to promote equality issues of this nature. 

Political opinion

No

There are no opportunities to promote equality issues of this nature. 

Racial group

Yes. We will continue to review the guidance and licensing and its impact on people with English as a second language to consider opportunities to better promote equality of opportunity. Additionally, documents can be made available in languages other than English on request

Not applicable

Age

Yes. We will continue to review the guidance and licensing of pavement cafés and its impact on older people to consider opportunities to better promote equality of opportunity

Not applicable

Marital status

No

There are no opportunities to promote equality issues of this nature. 

Sexual orientation

No

There are no opportunities to promote equality issues of this nature. 

Men and women generally

No

There are no opportunities to promote equality issues of this nature. 

Disability

Yes, We will continue to review the guidance and licensing of pavement cafés and its impact on disabled people to consider opportunities to better promote equality of opportunity. In particular those who are mobility restricted and those who are blind and partially sighted.

Not applicable

 Dependants

Yes, We will continue to review the guidance and licensing of pavement cafés and its impact on people with dependents to consider opportunities to better promote equality of opportunity

Not applicable

10. To what extent is the policy likely to impact (positive or negatively) on good relations between people of different religious belief, political opinion or racial group? What is the level of impact?

Good relations category

Likely impact?

Level of impact? Minor, Major or None

Religious belief

None

None

Political opinion

None

None

Racial group

None

None

11. Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group?

Good relations category

If Yes, provide details

If No, provide reasons

Religious belief

No

There are no opportunities to promote good relations of this nature. 

Political opinion

No

There are no opportunities to promote good relations of this nature. 

Racial group

No

There are no opportunities to promote good relations of this nature. 

Section C

Belfast City Council also has legislative obligations to meet under the Disability Discrimination Order and Questions 12 to 13 relate to these two areas.

Consideration of Disability Duties

12. Does this proposed policy or decision provide an opportunity for the Council to better promote positive attitudes towards disabled people?

Yes, while opportunities are limited, needs of disabled people have been considered. Guidance for pavement café licensing addresses the needs of disabled people, both within the pavement café area for patrons and in preventing restrictions of movement or obstruction for passers-by. The licensing scheme supports a positive attitude towards disabled people, by ensuring that facilities are accessible, suitably positioned and with appropriate visibility. The guidance and licences will be monitored and reviewed to assess any issues which require reconsideration.

13. Does this proposed policy or decision provide an opportunity to actively increase the participation by disabled people in public life?

Explain your assessment in full.

Yes, given that licensed pavement cafés will ensure that the needs of disabled persons as customers and passers-by are met, through enforcement of best-practice design and management guidelines. The licensed pavement cafés will themselves be accessible to disabled people to enjoy and participate in café culture and in keeping with the DDA, and they should not obstruct access to the existing indoor services. This will be achieved through the provision of suitable furniture, which is adequately spaced, adequately visible and limited to a defined area that is screened-off in order to prevent people, especially those with visual impairment, colliding without warning with groups of chairs or tables. There will be a requirement to maintain a clear passage space on the footpath, and to maintain clear access to road crossing points and the access to adjoining businesses.

It is envisaged that there will be continuing improvement of standards and accessibility, and therefore the licensing process supports the participation by disabled people in public life, by ensuring that pavement cafés and the areas around them are accessible and supportive of their needs.

14. Multiple Identities
Provide details of data on the impact of the policy with multiple identities

None

15. Monitoring Arrangements

Section 75 places a requirement the Council to have equality monitoring arrangements in place in order to assess the impact of policies and services etc; and to help identify barriers to fair participation and to better promote equality of opportunity. 

Outline what data you will collect in the future in order to monitor the impact of this policy or decision on equality, good relations and disability duties.

Equality

 Good Relations

Disability Duties

Complaints are considered

Complaints are considered

Complaints are considered and enforcement action taken as appropriate or required

Unusual trends are considered

Unusual trends are considered

Unusual trends are considered and taken into account as relevant at renewal of licence.

Objections to applications or renewal of pavement café licence

Objections are considered

Content of objections are considered with Licensing Committee making final determination when objection cannot be resolved

Results of monitoring inspections

Findings from inspections considered

Findings from inspections considered and enforcement action taken as appropriate or required for breaches of licence conditions etc.

Section D

Formal Record of Screening Decision

Title of Proposed Policy or Decision being screened

A permanent licensing scheme for pavement cafés in Belfast and associated guidance for applicants.

I can confirm that the proposed policy or decision has been screened for:

  • equality of opportunity and good relations
  • disabilities duties

On the basis of the answers to the screening questions, I recommend that this policy or decision is:

* Screened Out - Mitigating Actions (minor impacts)

  • Provide a brief note here to explain how this decision was reached:
  • Explain what mitigating actions and or policy changes will now be introduced:

Impact on pedestrians and particularly for disabled people have been taken into account, through consultation, and relevant issues captured in the best practice design and management guidance that is to be used in assessing premises at the licence application stage for proposed pavement cafés.

The list of premises with a current pavement café licence, and new applications received for a licence are listed on the Council’s website for information purposes.

Monitoring and review process will continue during the extended phase of the temporary scheme and once the permanent scheme comes force.

Building on knowledge

The Council will continue to make improvements as we build on our knowledge throughout the engagement process and the monitoring of the scheme.

Screening assessment completed by (Officer level) -

Name:

Date:

Department:

Place and Economy Department

Screening decision approved by:

Name:

Date:

Department: Place and Economy Department

Please save the final version of the completed screening form and forward to the Equality and Diversity Officer at equality@belfastcity.gov.uk

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