Sheffield City Council admits failure to comply with equality duty over Spearmint Rhino Licence

As reported by the Local Government Lawyer Sheffield City Council formally acknowledged that it failed to comply with the public sector equality duty when making a decision to renew an SEV licence is respect of a Spearmint Rhino premises which had operated in the city for many years.

The statement was made as part of a settlement of a judicial review challenge brought over the decision taken to renew in May 2016. During the renewal hearing it is reported that the Committee chose to ignore concerns raised about the impact of such venues on gender equality and were dismissed on the basis they were “moral objections” and therefore, irrelevant to the case at hand.

In granting permission for the Judicial Review, which was schedule to take place on 9^th & 10^th May, Mrs Justice Jefford stated:

“There is no direct evidence that the Defendant [Sheffield City Council] has had due regard to the Public Sector Equality Duty (as it is required to do under s.149 of the Equality Act 2010). The decision gives no indication that it has been considered….

“Further, there is a tenable basis for the Claimant’s inference that the Defendant has wrongly ignored objections based on the potential impact on gender equality, treating them as moral objections and irrelevant.”

These statements in the permission order were very clear and may have influenced the Council’s decision to settle proceedings.

Although the point was conceded by the Council this settlement has no bearing on the current licence for Spearmint Rhino, which was further renewed in April 2017.