Licensing authorities face a more transparent and more equality-focused operating environment

From 5 August 2026, licensing authorities will need to operate with the benefit of the updated Equality Act 2010 Code of Practice for services, public functions and associations (“the Code”). 

The Code confirms that the exercise of public functions falls within Part 3 of the Equality Act 2010 (“the Equality Act”). That matters for licensing because the grant, refusal, suspension, revocation, variation and enforcement of licences are not merely administrative steps: they are public functions which must be carried out in a way that avoids unlawful discrimination, harassment and victimisation and properly reflects equality duties.

In practical terms, authorities should expect greater focus on how licensing information is presented, how engagement is undertaken and whether decision-making processes take account of barriers faced by applicants, residents, workers and service users with protected characteristics. Equality considerations should not be treated as a final-stage check. They should be embedded in policy design, consultation, evidence gathering, committee reports and enforcement decisions.

A second set of changes follows from the Provision of Services (Amendment and Transitional Provision) Regulations 2026 (“the Regulations”), which come into force on 1 October 2026. 

These Regulations amend the framework governing how competent authorities administer authorisation schemes for service providers. Their purpose is to strengthen communication and transparency requirements, making it easier for businesses to understand what is required, how to apply, what evidence is needed, how long the process should take and how decisions will be made.

For businesses, this should mean fewer surprises and less friction. 

For licensing authorities, it will require a careful review of application forms, website content, guidance notes, internal workflows and template correspondence. Authorities will need to ensure that published requirements are clear, up to date and consistent with the way applications are actually handled. A process that is technically compliant but difficult to navigate is unlikely to meet the direction of travel behind the reforms.

London operators also need to keep a close eye on the Greater London Authority’s (“GLA”) new strategic licensing role. The Mayor of London has been granted strategic licensing powers, with the GLA expected to take on a phased role in Licensing Act 2003 (“the Licensing Act”) applications. 

As a Responsible Authority, as defined in the Licensing Act, the GLA will receive relevant licensing applications from across London and may make formal representations to licensing committees. A separate call-in power for applications of strategic importance is expected to be developed through secondary legislation.

The policy aim is to create a more consistent, transparent and business-friendly approach to licensing across the capital, while still supporting the statutory licensing objectives. However, the practical impact may be significant. Applicants for alcohol licences in London may need to consider not only the position of the relevant borough, police and other responsible authorities, but also how an application sits within wider strategic priorities for London’s hospitality, culture and night-time economy.

Taken together, these developments point in the same direction. Licensing authorities will be expected to explain more, publish more and evidence more. Businesses should benefit from clearer routes through the system, but should also prepare applications that anticipate equality, transparency and strategic policy considerations from the outset. For both sides, the message is straightforward: good licensing decisions will increasingly depend on good process.

What this means in practice

Licensing authorities should use the coming months to review their policies, published guidance and internal decision-making processes. Application requirements should be easy to find and understand, evidence thresholds should be clearly explained, and applicants should be given realistic information about timescales and the stages involved. Committee reports and enforcement decisions should also show that equality duties and relevant strategic considerations have been addressed in substance, rather than simply acknowledged.

For businesses, the changes underline the importance of preparing complete and well-evidenced applications at the outset. Operators should think carefully about accessibility, community impact, equality considerations and, in London, how their proposals align with the emerging strategic licensing framework. A strong application will not just answer the statutory questions; it will help the authority understand why the proposal is responsible, proportionate and capable of supporting the licensing objectives.

Key takeaways

• Licensing is clearly within the scope of the Equality Act 2010 public functions regime, so equality considerations need to be built into licensing processes from the start.
• From 1 October 2026, authorities will be expected to provide clearer and more accessible information about applications, evidence requirements, timelines and decision-making procedures.
• London alcohol licence applicants should factor in the GLA’s developing strategic licensing role, including its ability to engage as a Responsible Authority in Licensing Act 2003 applications.
• Businesses should prepare applications that are not only legally compliant, but also accessible, evidence-led and aligned with local and strategic licensing priorities.
• Authorities should review forms, guidance, website content, training and committee reporting now to reduce the risk of inconsistent or opaque licensing decisions.