City Centre Bye-Laws

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.

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 4 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:

Bye-Laws, Belfast City Council, For the Good Governance of Belfast City Centre and the Prevention and Suppression of Nuisances in Belfast City Centre

2. Brief description of policy or decision to be screened:

The council wish to introduce bye-laws for the good governance of the city centre. These bye-laws would require a person to obtain a permit issued by the council to allow them to:

take part in any amplified performance (whether vocal or instrumental), dance, concert or other such performance in a public place in the City Centre (including the Primary Retail Core)
use amplification devices in a public place, whether as part of a performance or otherwise, in the City Centre (including the Primary Retail Core)
erect, place, maintain or otherwise be responsible for a stand, stall, or vehicle with promotional literature or information (whether connected to a business, charity, political or any other non-commercial purpose) in a public place in the Primary Retail Core. (This provision does not apply to those vehicles which are within the said area solely for the purposes of delivery to or collecting goods from business premises).

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

Significant issues have been raised over the past number of years regarding the activities of buskers, preachers and various interest groups in the City Centre, mainly within the primary retail core. Officers recognise that busking can bring vibrancy to the area and should be facilitated. It is also recognised that street preaching and the ability to protest are important rights of expression in a democratic society and are protected under the European Convention of Human Rights. However, it is important to consider the context within which these activities are being considered, their cumulative impact and how this affects others.

The proposed bye-laws will introduce rules and regulations around participation in amplified performances, public speaking, meetings and events, and the display of promotional literature or other information in the city centre. The bye-laws are not intended to prevent street preaching or the promotion of any public interest causes. Rather, they are intended to reduce the overall ambient noise and unacceptable nuisance which is caused by the cumulative impact of these various activities in the City Centre.

4. On whom will the policy or decision impact?

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

Staff: Yes
Service users: Yes
Other public sector organizations: No
Voluntary, community groups or trade unions: Yes
Others, please specify: Yes

This policy will impact on all of the groups above for the following reasons:

The bye-laws will impact on those staff who will have enforcement role in ensuring the bye-laws are complied with.
The bye-laws will impact on those (service users) who wish to obtain a permit for the said activities (i.e. buskers, street entertainers, street preachers, public speakers, etc.); they will impact on business owners or retailers as well as the wider general public.
The bye-laws may impact on voluntary, community groups or trade unions who may have previously used amplification devices or imagery for what they perceive to be public interest causes.
The bye-laws will positively impact on others such as business owners or retailers as well as the wider general public as they will reduce the level of unacceptable nuisance and overall ambient noise in the city centre.

(Section 90 of the Local Government Act (NI) 1972 provides the lawful basis for making such bye-laws. A council may make bye-laws for the good rule and government of the whole or any part of its district; for the prevention and suppression of nuisances in its district; for any purpose for which bye-laws may be made by it under any other transferred provision).

5. Are there linkages to other Agencies or Departments?

The council when making bye-laws must first consult with the Department for Communities. The bye-laws shall be made under the common seal of the council and shall not have effect until they are confirmed by the Department for Communities.

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

Initial engagement undertaken with Department for Communities.

A public consultation on draft the bye-laws will take place in advance of any application to the Department for Communities for confirmation of the bye-laws.

Available evidence

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

Section 75 category	Details of evidence, information and engagement
Religious belief	Anecdotal evidence suggests that majority of street preachers are from a Protestant or Christian background
Political opinion	Not applicable
Racial group	Anecdotal evidence would suggest majority of buskers, street entertainers, preachers and those engaged in public interest causes are white (in keeping with the general population statistics)
Age	Anecdotal evidence suggests that majority of buskers and street entertainers are from the 16 – 45 age bracket.
Marital status	Not applicable
Sexual orientation	Not applicable
Men and women generally	Anecdotal evidence would suggest that majority of buskers, street entertainers and street preachers are male. There would be a more mixed representation of men and women amongst various public interest groups.
Disability	Anecdotal evidence that increasing ambient noise levels in the city centre (including that from amplification devices) may have a negative impact on various disability groups. Examples: An increase in ambient noise levels can present difficulties for the visually impaired when listening for traffic. Noise created by amplification devices may have a negative impact on those with auditory sensitivity.
Dependants	Not applicable

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 - it is possible that the bye-laws may affect more people from the Protestant or Christian background who make up a higher percentage of those individuals who participate in street preaching. Such individuals may be more likely to seek a permit to use an amplification device.	None
Political opinion	None	None
Racial group	None	None
Age	None – though it is possible that the bye-laws may affect a greater number of males from the age 18 to 40 bracket as they make up a higher percentage of those people who participate in busking. Such individuals may be more likely to seek a permit to use an amplification device.
Marital status	None	None
Sexual orientation	None	None
Men and women generally	None – though it is possible that the bye-laws may affect more young males from the age 18 to 40 as they make up a higher percentage of those people who participate in busking. Such individuals may be more likely to seek a permit to use an amplification device.	None
Disability	Positive – a reduction in overall ambient noise could have a positive affect on those people who have visual impairments and those with auditory sensitivity.	Minor
Dependants	None	None

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 is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Political opinion		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Racial group		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Age		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Marital status		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Sexual orientation		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Men and women generally		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category
Disability	Yes – there is anecdotal evidence to suggest that an overall reduction in ambient noise and the noise created specifically by amplification devices may promote better equality of opportunity for people with disabilities including those with visual impairments and those with auditory sensitivity.
Dependants		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category

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	The bye-laws will result in a reduction in overall noise levels being produced by a range of individuals or groups and as a result should have a neutral or positive impact on good relations in general.	Minor
Political opinion	The bye-laws will result in a reduction in overall noise levels being produced by a range of individuals or groups and as a result should have a neutral or positive impact on good relations in general.	Minor
Racial group	The bye-laws will result in a reduction in overall noise levels being produced by a range of individuals or groups and as a result should have a neutral or positive impact on good relations in general.	Minor

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 is no evidence that the bye-laws will better promote equality of opportunity for people within this category.
Political opinion		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category.
Racial group		No – there is no evidence that the bye-laws will better promote equality of opportunity for people within this category.

Section C

Belfast City Council also has legislative obligations to meet under the Disability Discrimination Order and Questions 12 and 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 – there is anecdotal evidence to suggest that an overall reduction in ambient noise and the noise created specifically by amplification devices may promote better equality of opportunity for people with disabilities including those with visual impairments and those with auditory sensitivity.

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

14. Multiple Identities

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

Not applicable.

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
Continued monitoring will help identify any issues which may need to be considered or addressed by the new bye-laws	Continued monitoring will help identify any issues which may need to be considered or addressed by the new bye-laws	Continued monitoring will help identify any issues which may need to be considered or addressed by the new bye-laws

Section D

Formal Record of Screening Decision

Title of Proposed policy or decision being screened

Bye-Laws, Belfast City Council, For the Good Governance of Belfast City Centre and the Prevention and Suppression of Nuisances in Belfast City Centre

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:

No decision has been taken on the outcome of the screening assessment. This will be completed following the consultation period.

Screening assessment completed by (Officer level) -

Name:
Date:
Department:

Screening decision approved by: