Equality Act 2010: new Code of Practice for services, public functions and associations

Licensing authorities will soon be operating under updated equality guidance, following the Government’s decision to bring the new Equality Act 2010 Code of Practice for Services, Public Functions and Associations into force on 5 August 2026. The change is made through the Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Commencement) Order 2026, which revokes the long‑standing 2011 Code and replaces it with “a modernised framework reflecting current case law and public‑sector practice.”

For licensing bodies, the commencement of the new Code marks a notable shift in how equality duties must be interpreted and applied when granting, refusing, conditioning or enforcing licences. The Code provides updated guidance on how licensing decisions should be made lawfully and consistently under the Equality Act, reinforcing the position that licensing is a public function subject to the Act’s full non‑discrimination and public sector equality duty requirements.

The 2011 Code of Practice, in place since April 2011, will be revoked on the same date the new Code comes into force.

Summary of what the 2026 Code says about licensing

• Licensing is explicitly treated as a public function All licensing activities—grant, refusal, suspension, revocation, variation and enforcement—must comply with Part 3 of the Equality Act.
• Decisions must not discriminate Licensing authorities must avoid direct and indirect discrimination across all protected characteristics when determining applications or imposing conditions.
• Reasonable adjustments are required Licensing processes, hearings, forms and communications must be accessible to disabled applicants and disabled people affected by licensed activities.
• Conditions must be proportionate and justified Conditions attached to licences must not disadvantage protected groups unless objectively justified.
• Policies must be equality‑assessed Licensing policies, including taxi/PHV frameworks, premises licensing policies and enforcement strategies, must be reviewed for equality impact under the public sector equality duty.
• Enforcement must be consistent and non‑discriminatory Inspections, compliance checks and enforcement actions must be applied fairly and without discriminatory effect.