Guidance

Prevention of illegal working in premises licensed for the sale of alcohol or late-night refreshment: equality impact assessment

Updated 27 March 2026

Section 1: Outline of issue under consideration

This Equality Impact Assessment (EIA) updates the Policy Equality Statement (PES) of 6 April 2017 (titled as above).

The Licensing Act 2003 (the 2003 Act) sets out the licensing regime for England and Wales. Section 36 and Schedule 4 of the Immigration Act 2016 (the 2016 Act) amended the 2003 Act and introduced immigration safeguards in respect of licensing applications made in England or Wales on or after 6 April 2017. The 2016 Act also introduced the Home Office (Immigration Enforcement) as a Responsible Authority (RA) within the 2003 Act.

This legislation provides a clear focus on the promotion of four statutory objectives which must be addressed when licensing functions are undertaken.

These licensing objectives are:

  • The prevention of crime* and disorder;

  • Public safety;

  • The prevention of public nuisance; and

  • The protection of children from harm.

*The prevention of crime includes the prevention of immigration crime and the prevention of illegal working in licensed premises. Licensing authorities are expected to work with Home Office Immigration Enforcement, as well as the police, in respect of these matters.

In terms of the population in scope:

As of 31 March 2024[footnote 1] there were:

  • 900,300 personal licences
  • 224,100 premises licences

This assessment updates consideration of the equality impacts of the measures within the 2016 Act which seek to prevent illegal working in premises licensed for the sale of alcohol or late-night refreshment via immigration safeguards in the existing licensing regime for this sector (“the measures”). These safeguards prevent premises and personal licences being issued to an individual who does not have lawful immigration status in the UK or eligibility to work in this sector and where issuing a licence to an individual would be prejudicial to the prevention of immigration crime and illegal working.

The measures intend to ensure the appropriate functioning of the regulated sector of alcohol or late-night refreshment, ensuring licensable activity of this type is carried out responsibly and without risk of harm to the surrounding communities. The prevention of immigration crime is part of the licensing objective of preventing crime and disorder. Accordingly, the measures contribute to promoting the protection of the public by ensuring that licence holders act responsibly and in accordance with UK law to better prevent and deter illegal working in a sector that is considered at high-risk.

There is a continuous, ongoing effort to tackle illegal working in the UK. Home Office Immigration Enforcement teams have intensified operational activity across the UK to stop businesses hiring people to work illegally. During 2025, 12,791 illegal working visits were carried out resulting in 8,971 arrests, marking the most successful calendar year on record for illegal working enforcement activity. As a result of this activity, 1,087 people have been returned so far. In the 18 months between 1 July 2024 and 31 December 2025, Immigration Enforcement teams carried out 17,483 visits up and down the UK to businesses suspected of using illegal workers, marking a 77% increase on the previous 18-month period. From these illegal working visits, teams made 12,322 arrests, an 83% increase on the same period immediately 18 months prior. A large proportion of these businesses hold premises or personal licences, which demonstrates why safeguards remain critical to the licensing regime for the sale of alcohol and late-night refreshment.

Measures

The measures provide for the following:

  1. Licences will not be granted to those without lawful immigration status or entitlement to work in the UK.

    These measures provide that premises and personal licences to supply alcohol or provide late-night refreshment cannot be issued to an individual who does not have permission to be in the UK or is not entitled to undertake work relating to the carrying on of a licensable activity; this could be because of an immigration condition prohibiting the individual from working or undertaking that type of work. All applications (by individuals irrespective of their nationality or the size of the business they represent) for these licences are required to include evidence of their lawful immigration status and entitlement to carry out work in a licensable activity. Checks are performed on a non-discriminatory basis. An applicant for a personal licence is required to make a declaration of any previous convictions or penalties, including in relation to any that are immigration-related.

  2. The Secretary of State is a Responsible Authority under the Licensing Act 2003.

    Responsible authorities are public bodies that must be fully notified of applications and are entitled to make representations to the licensing authority in relation to the application for the grant, variation or review of a premises licence. There are nine others, including the police and bodies responsible for health and safety, environmental health and trading standards.

    Where the applicant declares in their application for a personal licence a previous immigration offence or a comparable foreign offence, the relevant licensing authority will forward the application to the Home Office for further consideration. The Home Office will decide whether to make representations to the Licensing Authority. Where it is necessary to prevent illegal working and immigration crime, the Secretary of State (Immigration Enforcement) will submit to the relevant Licensing Authority an objection to the grant of a licence, or request that conditions be applied to a premises licence. Immigration Enforcement may also request the review of an existing licence as a result of enforcement activity which identifies the commission of immigration offences or where the holder of a licence issued before 6 April 2017 no longer has immigration permission to work. In all cases, it is the Licensing Authority that makes the decision on the licence application or review, having considered any representations. There is a right of appeal against that decision. The measures did not change existing licensing hearing and appeals processes.

  3. Aligning Immigration Officer powers with those of the local authority licensing officials and the police under the 2003 Act.

    This is intended to facilitate joint enforcement operations with licensing enforcement officers and other bodies that inspect workplaces for compliance. This was the intended purpose for these powers stated during the passage of the Act through Parliament. Accordingly, prior to using the power of entry under section 179, it is best practice for Home Office (Immigration Enforcement) teams to contact either the local licensing authority, or relevant responsible authority, and invite them to take part in a joint enforcement operation.

    The power of entry enables Immigration Officers to visit such premises without another responsible authority, if required. These powers are applicable irrespective of whether Home Office (Immigration Enforcement) is undertaking a solo or joint visit.

    Where immigration officers have reason to believe that a premises is being used for a licensable activity, they may enter the premises to check whether an offence under any of the Immigration Acts is being committed in connection with the licensable activity. This power of entry will be used following receipt of intelligence.

Section 2: Consideration of aim 1 of the duty: eliminate unlawful discrimination, harassment, victimisation, and any other conduct prohibited by the Equality Act 2010.

The protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation were carefully considered in this section for the measures. The proposal does not subject any person to less favourable treatment than any other person as the measures apply to everyone regardless of any protected characteristic and therefore no direct discrimination arises.

However, there may be indirect impacts on protected characteristics in relation to the measures. These are outlined below.

Age

Age is a factor that affects the likelihood of someone being employed. Younger adults are less likely to be employed which could be due to being in full-time education or the lack of having experience or skills, with 24.1% of those aged between 16 and 19 years in employment.

The employment percentage increases with age; the highest being for adults aged 40 to 44 years (80.8%). The employment percentage then decreases closer to typical retirement age. These trends reflect the ages where people generally transition in and out of the workforce. For the group aged 16 to 19 years, the majority (61.6%) are in some form of education, and for those aged 75 years and over, almost all are retired (92.6%).[footnote 2]

Direct discrimination

There is a direct impact on people according to their age. Section 13(2) of the Equality Act 2010 provides that for the protected characteristic of age, there is no direct discrimination if it can be shown that differential treatment due to age is a proportionate means of achieving a legitimate aim.

An individual can only hold a premises or personal licence if they are aged 18 or over. As such, the ability to hold a licence would subject individuals under 18 to less favourable treatment because of the protected characteristic of age, similar to the minimum age requirements to purchase alcohol. However, this is a proportionate means of achieving the legitimate aims of ensuring the protection and welfare of children and that access to the labour market and the carrying out of licensable activity is reserved to those who are eligible and with lawful immigration status in the UK.

Indirect discrimination

There may be indirect impacts on protected characteristics of age in relation to the measures as a whole.

It is considered that any potential indirect discrimination that may arise is justified as a proportionate means of achieving the legitimate policy aims.

Disability

According to the 2022 Annual Population Survey, 16% of those in the employed population (5.2 million) were disabled, with the remaining 84% not disabled (equating to 26.9 million people[footnote 3]).

In the UK, disabled people face lower employment rates and higher unemployment compared to their non-disabled counterparts. While the disability employment rate has increased, the gap between disabled and non-disabled employment remains significant. In terms of labour market participation: non-disabled adults are more likely to be in employment, as 81.6% of working age non-disabled adults were in employment compared to 53.1% of working age disabled adults[footnote 4].

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of disability and therefore no direct discrimination arises.

Indirect discrimination

The measures apply to every individual irrespective of any characteristic. However, with the potential size of the population who are disabled in mind, it is recognised that there could result in an indirect differential impact in respect of the protected characteristic of disability.

The Home Office has dedicated support to help those with disabilities. Further information can be found on GOV.UK at: https://www.gov.uk/access-to-work

Gender reassignment

The Census 2021 estimates show that trans people are less likely to be in employment and are more likely to be unemployed, compared with people with a gender identity the same as their sex registered at birth.[footnote 5]

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of gender reassignment and therefore no direct discrimination arises.

Indirect discrimination

The Home Office does not routinely collect or process data in respect of this protected characteristic for immigration purposes. As such, the Home Office has been unable to conduct any internal analysis to explore how the protected characteristic of gender reassignment may be impacted. However, there have been representations made to the department previously regarding the need to check documents against an individuals’ physical appearances. These were considered and incorporated into policy, where appropriate. Therefore, while the measures apply to everyone, indirect disadvantages may occur for those with the protected characteristic of gender reassignment.

Marriage and civil partnership

ONS data suggests that more individuals that are married or in a civil partnership (16 million) are in employment as compared to those that are single (never married/partnered) (14 million). However, the data also suggests that a greater proportion of single people are in employment as compared to married people (69% vs 61%)[footnote 6],

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of their marriage or civil partnership, therefore no direct discrimination arises.

Indirect discrimination

No particular disadvantage has been identified in relation to the protected characteristic of marriage and civil partnership.

Pregnancy and maternity

In April to June 2021, three in four mothers with dependent children (75.6%) were in work in the UK, reaching its highest level in the equivalent quarter over the last 20 years (66.5% in 2002).

Over 9 in 10 (92.1%) fathers with dependent children were employed in April to June 2021; this is an increase from 89.6% in 2002 but has plateaued in recent years.

The employment rate was higher for mothers than either women or men without dependent children and has been since 2017[footnote 7].

Fewer than one in five new mothers (and 29% of first-time mothers) return to full-time work in the first three years after maternity leave. This drops to 15% after five years. 17% of women leave employment completely in the five years following childbirth, compared to 4% of men[footnote 8].

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of maternity and pregnancy and therefore no direct discrimination arises.

Indirect discrimination

The measures do not subject any person to less favourable treatment on the basis of maternity and pregnancy and therefore no indirect discrimination arises.

Race (including Nationality, Ethnic or National Origins, Colour)

Race encompasses colour, nationality, and ethnic and national origins but it does not include immigration status. In the exercise of immigration and nationality functions there is an exemption from the part of the Public Sector Equality Duty which requires a public authority to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, so far as it relates to nationality and ethnic or national origins.

These measures do not directly discriminate on grounds of race. In terms of indirect discrimination, these measures may have a larger impact on particular nationalities due to patterns of migration into the UK, including the patterns of immigration offending, as well as higher representation of particular nationalities within this sector. However, the measures are a proportionate means of achieving the legitimate aim of preventing crime and promoting effective immigration control and are justified on that basis.

Decisions to intervene on licence applications will be made in consideration of the individual’s compliance with the UK’s immigration laws. It will never be on grounds of colour, nationality or ethnic or national origins. The Secretary of State (Home Office) will intervene only where individuals do not comply with UK immigration law.

These measures only impact individuals who would either be committing an immigration offence by carrying out the licensable work, or who have previously committed immigration offences, such as employing illegal workers, which make them unsuitable for holding a licence in view of the licensing objective of preventing crime and disorder. It is an existing offence to employ an illegal worker under section 15 and 21 of the Immigration, Asylum and Nationality Act 2006. It is also an offence to be an illegal worker, under section 24B of the Immigration Act 1971.

Direct discrimination

The Home Office is not aware of any evidence which indicates that the measures result in direct discrimination on those with the protected characteristic of race.

Indirect discrimination

The Home Office has not identified anything which would have an adverse impact on particular racial groups if the guidance is followed as prescribed to licensing authorities.

Third country nationals with limited permission in the UK will be subject to a requirement for follow-up checks. These checks will not apply to individuals that do not have a limited right to remain. The requirement for repeat checks will cover a wide range of nationalities.

Needing to conduct digital right to work checks may differentially impact people with different ethnicities. An Office for National Statistics survey found that those who identified as Bangladeshi were least likely of all ethnic groups to say they had accessed the internet in the last three months, with 88% of respondents saying they had. In contrast, 99% of those in the mixed/multiple ethnic group had done so[footnote 9]. Therefore, while there is an expectation that digital right to work checks are conducted for those whose immigration status can be checked online, for example - foreign nationals who can use their eVisa to evidence their right to work, manual right to work checks may be undertaken on this cohort in certain circumstances.

Although the area is complex and limited by available data, the Home Office consideration thus far may suggest that non-white ethnic groups and in particular those identifying as part of the black ethnic group, may more frequently interact with aspects of the measures.

It should be noted that nationality alone would not be the reason why an individual is affected by the measures. Decisions to prevent access to work are taken on the basis of someone’s immigration status in the UK; primarily whether they have permission to be in the UK or not, and whether any permission provides them the appropriate right to work. Thus, although there is a link between nationality and immigration status, the Home Office does not consider this to have directly differential impact in respect of this protected characteristic.

Enforcement activity which identifies illegal working is intelligence led and not driven by the race of licence holders. The imposition of any licensing sanction on a licence holder is based on their activities and applies to all licence holders who are non-compliant with legislation and is not based on their race. The decision to issue a warning letter or instigate a licence review will be based on an evidence-based approach and therefore solely on the non-compliance of the licence holder or the business for which they hold a licence, and not the licence holder’s race.

Religion or belief

Those with no religion make up the largest proportion of the employed population (49%, 15.4 million people), followed by Christians (42%, 13,4 million people) and Muslims (6%, 1.2 million people[footnote 10]).

Data also shows that ethnicities and religions intersect, suggesting that people of different religions may be affected at different rates. Of the 3,868,131 Muslims in England and Wales, the majority (3,108,394) identified as Asian, Black or mixed, multiple ethnicities and 226,233 identified as White. Of the 1,327,777 Hindus in England and Wales, 979,120 identified as Asian, Black or mixed, multiple ethnicities, while 6,859 Hindus identified as White. Of the 524,140 Sikhs in England and Wales, 433,440 Sikhs identified as Asian, Black or mixed, multiple ethnicities and 3,423 identified as White. Without better understanding of how these ethnicity and religious affiliations link to migrants in the UK, it is hard to draw any firm conclusions from this data[footnote 11].

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of religion or belief therefore no direct discrimination arises.

Indirect discrimination

No particular disadvantage has been identified in relation to the protected characteristic of religion or belief.

Sex

By sex, females had a lower percentage in employment (53.2%) compared with males (61.4%). Males also had a slightly larger proportion of all those in employment (52.0%) than females (48.0%), despite there being fewer males (48.4%) than females (51.6%) in the adult population overall.[footnote 12]

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of sex therefore no direct discrimination arises.

Indirect discrimination

Although the operation of the measures may result in an indirect differential impact in respect of the protected characteristic of sex, the Home Office considers this is outweighed by the legitimate aims of the measure. Namely, of operating and enforcing a fair immigration system; protecting taxpayer funded services; and protecting vulnerable migrants from exploitation and is therefore justifiable as a proportionate means of achieving multiple legitimate aims.

Sexual orientation

93.6% of those of working age in 2023 identified as heterosexual, 2.0% identified as gay or lesbian, 1.8% identified as bisexual and 0.7% identified in some other way[footnote 13]. A higher percentage of individuals identifying as lesbian, gay, bisexual, or another minority sexual orientation (LGB+) adults are employed (63.8%) than straight or heterosexual adults (57.8%); the higher percentage in LGB+ adults was largely driven by gay or lesbian people, where 7 in 10 (70.3%) were employed.[footnote 14]

The measures however apply to all individuals, regardless of their sexual orientation.

Direct discrimination

The measures do not subject any person to less favourable treatment on the basis of sexual orientation, therefore no direct discrimination arises.

Indirect discrimination

No particular disadvantage has been identified in relation to the protected characteristic of sexual orientation.

Section 3: Consideration of aim 2 of the duty: Advancing equality of opportunity between people who share a protected characteristic and people who do not share it.

The measures do not deliver a less-better outcome for those with a particular protected characteristic as compared to others as it applies to the working population as a whole. The measures as they are designed to distinguish between those who are present in the UK with lawful status versus those who are here irregularly; and ensure where an individual holds lawful status, it affords them the right to access work and hold a licence. The measures therefore neither promotes nor diminishes equality of opportunity for individuals.

However, the Home Office recognises it is possible that individuals with some protected characteristics may experience indirect discrimination.

Age

All individuals, regardless of age, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Disability

All individuals, regardless of disability, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Gender reassignment

All individuals, regardless of gender reassignment, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Marriage and civil partnership

All individuals, regardless of marriage and civil partnership, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Maternity and pregnancy

All individuals, regardless of maternity and pregnancy, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Race (including Nationality, Ethnic or National Origins, Colour)

All individuals, regardless of race, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Religion or belief

All individuals, regardless of religion or belief, will be considered equally under these measures, on the basis of them having permission to be in the UK.

Sex

All individuals, regardless of sex, will be considered equally under these measures on the basis of them having permission to be in the UK.

Sexual orientation

All individuals, regardless of sexual orientation, will be considered equally under these measures on the basis of them having permission to be in the UK.

Section 4: Consideration of aim 3 of the duty: Fostering good relations between people who share a protected characteristic and persons who do not share it.

By implementing these measures, it will build confidence in immigration enforcement measures as a whole and in aiding employers to further prevent illegal working. However, it is possible that the measures could result in some negative impact on good relations.

Nonetheless, the measures treat all individuals equally and considers that any such impact is proportionate to this legitimate aim.

Age

All individuals, who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of age, will be treated equally. As these measures apply to everyone equally regardless of age, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.

There is no distinction between people who share this protected characteristic and persons who do not share it.

Disability

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of disability, will be treated equally. As these measures apply to everyone equally regardless of disability, it is not assessed to have a great impact overall on relations between people with this characteristic and those who do not share it.

The Home Office however acknowledges that individuals who are disabled may experience discrimination in everyday life more regularly than those who are not; for example, those with a disability may be subject to loss of employment more frequently.

It can be noted that where wider discrimination occurs between people who share the protected characteristic of disability, and those who do not, good relations will be difficult to foster. Compounded by the measures this may affect relations between those who share the protected characteristic of disability and those who do not.

Gender reassignment

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of gender reassignment, will be treated equally. As the measures apply to everyone equally regardless of gender reassignment, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.

Maternity and pregnancy

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of maternity and pregnancy, will be treated equally. As the measures applies to everyone equally regardless of maternity and pregnancy, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.

Race (including Nationality, Ethnic or National Origins, Colour)

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of race, will be treated equally. The measures apply to all individuals including British and Irish Citizens regardless of race.

As the measures apply to everyone equally regardless of race, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it. However, some aspects of the measures may disproportionately impact on people of colour.

Nonetheless, the measures treat all individuals equally and considers that any such impact is proportionate to this legitimate aim.

Religion or belief

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of religion or belief, will be treated equally. As the measures apply to everyone equally regardless of religion or belief, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.

Sex

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of sex, will be treated equally. As the measures apply to everyone equally regardless of sex, it is not assessed to have a significant impact overall on relations between people with this characteristic and those who do not share it.

However, it is recognised that the indirect differential impact whereby men appear to interact with or be affected by the measures more so than women, may impact the obligation to foster good relations.

Sexual orientation

All individuals who have the right to work in licenced premises for the sale of alcohol or late-night refreshments, regardless of sexual orientation, will be treated equally. As the measures apply to everyone equally regardless of sexual orientation, it is not assessed to have a significant impact overall on relations between people with this characteristic and those who do not share it.

Section 5: Ongoing compliance with the PSED

Since 6 April 2017, in England and Wales, all applications for licences to supply alcohol or late-night refreshment have included a declaration that the applicant has lawful immigration status and the right to work in the UK, accompanied by evidence to support this. These immigration checks are a requirement for all applicants and therefore it is ensured they do not target any group on the grounds of a protected characteristic.

Therefore, where correctly applied, this policy will not lead to unlawful direct or indirect discrimination. Individuals will be excluded from obtaining a licence only as a result of not having a legal entitlement to carry out the licensable activity in question as a result of their immigration status, and any relevant offences, and not as a result of unlawful discrimination.

This EIA will be reviewed within 24 months to ensure the most up-to-date understanding of impacts on those with protected characteristics.

Section 6: Section 55 duty (for immigration, asylum, and nationality considerations only)

The section 55 duty to safeguard and promote the welfare of children in the UK has been considered.

Although the measures are designed to impact on adults, there will be circumstances, however, where it could have an indirect impact upon children. For example, migrant parents of children could be impacted where parents or guardians are restricted from licence application due to the conditions attached to their immigration status.

Section 7: Risks to vulnerable individuals and other groups

The Home Office does not consider the measures to have any adverse impacts on vulnerable individuals and other groups. However, there may be risks for vulnerable individuals or other vulnerable groups listed in Article 14 of the European Convention Human Rights (ECHR), such as creating or exacerbating vulnerability in some populations.

For example, if an individual has been found to be working illegally and can no longer provide for their families, there is a chance that this could lead to homelessness therefore creating vulnerability.

Vulnerability may be exacerbated in children through its potential to have an indirect impact upon them where migrant parents or guardians are restricted from licence application due to the conditions attached to their immigration status.

Declaration and sign off

I have read the available evidence, and I am satisfied that this demonstrates compliance, where relevant, with section 149 of the Equality Act 2010 and that due regard has been had to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.

This EIA will be reviewed on

03/12/2027

SCS name and title

Rebecca Nugent, Deputy Director, Access, Compliance, Returns and Enforcement Policy.

Directorate/Unit

Asylum, Protection and Enforcement Directorate, Migration and Borders Group.

Lead contact

Kanwalpreet Jhajj

Date

03/12/2025