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Agenda and minutes

Venue: Hybrid Meeting - Council Chamber

Contact: Mrs Sara Steele, Democratic Services Officer  90320202 x6301

Items
No. Item

1.

Apologies

Minutes:

            An apology was reported on behalf of Councillor O’Hara.

 

1a

Minutes

Minutes:

 

            The minutes of the meeting of 9th August were taken as read and signed as correct.  It was reported that the minutes had been adopted by the Council at its meeting on 1st September.

 

2.

Declarations of Interest

Minutes:

            Councillors Donnelly and Verner declared an interest in items 2 (b) Advice Service and item 2 (c) Community Provision Funding Update in that they either worked for or were associated with an organisation that was in receipt of funding from the DfC. Both Members left the meeting whilst the matter was being discussed. 

 

            The Chairperson, Councillor McMullan, declared an interest in item 2 (d) Carew Family Centre: Bridging Support, in that he was a Council representative on the Eastside Partnership and he removed himself from the meeting and chair whilst the matter was being discussed.

 

3.

Restricted

Minutes:

            The information contained in the reports associated with the following 7 items is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

 

      Resolved – That the Committee agrees to exclude the Members of the Press and public from the Committee meeting during discussion on the following 4 items as, due to their nature, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (Northern Ireland) 2014.

 

4.

Financial Reporting - Quarter 1 2022/23

Additional documents:

Minutes:

            The Director of City Services summarised the contents of the report which presented a Quarter 1 financial position for the People and Communities Committee, including a forecast of the year end outturn. She explained that the Quarter 1 position for the Committee showed an underspend of £1.338m (6%), with the forecast year-end position being an underspend of £785k (0.9%) which was well within the acceptable variance limit of 3%.

 

            The Committee was advised that one of the reasons for the Quarter 1 underspend were due to vacant posts across several services.  In addition, the forecast did not include the significant financial pressures being caused by the current rate of inflation, the anticipated cost of these pressures was £8m, and funding of these would result in a forecasted corporate deficit of £2.7m.

 

            The Committee was further advised that it needed to be aware of recent unbudgeted pressures, not factored into the departmental forecast, which would impact significantly on this position, therefore any further underspends that arose throughout the year would firstly be used to offset the forecast deficit.

 

            The Committee noted the report and the associated financial reporting pack.

 

5.

Pitch Partner Agreement - Alderman Tommy Patton Memorial Park

Minutes:

The Committee noted that this item had been withdrawn from the agenda.

 

6.

Community Provision Funding Update

Minutes:

The Committee considered a comprehensive report which provided an update regarding the current provision of Community Funding.

 

            The Director of Neighbourhood Services reminded the Members that this was the final year of the current funding arrangements for CapacityBuilding and Revenue for Community Building Grants ending 31st March 2023. The open call for the Capacity Building and Revenue for Community Buildings Grants 2023-2026 had ended on 9thSeptember. He advised that further papers would be presented to the Committee relating to these grants in the comingmonths.

 

            Following consideration, the Committee approved:

 

·        the second 50% instalment to organisations funded through Council’s Capacity Building Grant, Revenue for Community Buildings Grant and Advice Funding allocations for the 2022/23 financial year. With all payments to be made as detailed in the Letter of Offer’s terms and conditions;

·        the payment of a revenue grant to Independently Managed Community Centres on an annual basis and that this payment would include an annual increase aligned with Consumer Price Index increases (CPI), effective from 1st April each year; and

·        the payment to Independently Managed Community Centres of a summer scheme funding allocation of £2,500 (for each IMCC) every year.

 

7.

Carew Family Centre: Bridging Support

Additional documents:

Minutes:

(The Chairman, Councillor McMullan, who had declared an interest in this item, left the meeting while it was under consideration and the Deputy Chairperson, Councillor Bunting, took the chair.)

 

            The Director of Neighbourhood Services drew the Members’ attention to a report seeking authority to provide ‘Bridging Support’ to the Carew Family Centre.  He took the Members through the detail of the report and advised that the proposed award would help to support interim revenue costs for the building (Tamar Street, East Belfast) to enable the Eastside Partnership (ESP) to meet the timeframe for an application to the Council’s Community Development grants programme which was currently open to applications for grant support from April 2023.

 

            The Committee was advised that the ESP would continue to develop Carew as a Children and Family Centre until it could be handed back to the community, to an existing group/organisation, or a new group that was representative of a coalition of interests aligned to the vision of the centre. He reported that, without the proposed additional support (financial and human resources), there would be a risk that it would not be able to sustain the role as custodian until a sustainable succession plan had been implemented.

 

            The Committee agreed the provision of one off ‘Bridging Support’ to Eastside Partnership, to the value of £7,296, to contribute to the projected revenue costs associated with Carew Family Centre for the period September 2022 to April 2023.

 

(The Chairperson returned to the meeting.)

 

8.

Pedestrian Access to Alexandra Park HWRC

Additional documents:

Minutes:

(Mr. B. Murray, Waste Manager, attended in connection with this item.)

 

            The Director of Resources and Fleet advised that, following the queries raised in relation to pedestrian access to Household Waste Recycling Centres, in particular, Alexandra Park Avenue (only one access and egress gate), Resources and Fleet had reviewed the position with the Corporate Health and Safety Unit (CHSU) who had advised that the current access/egress for facilitating walk in pedestrians at the site was not sufficient.

 

            In response to the above, the Resources and Fleet Service had engaged with colleagues in Physical Programmes to commission a feasibility study into the pedestrian access of Alexandra HWRC.  She reported that an assessment of the existing Alexandra Park HRC site and development of the optimal layout to accommodate the requirements of the pedestrian access had identified that it would be feasible to provide pedestrian access to the site and she took the Members through the proposals and preferred option as detailed in the feasibility report.

 

            Several Members welcomed the outcome of the feasibility report and stated that they felt that option 1 appeared to be the most preferred option but stated that they would be keen to see the mature tree being relocated.

 

            A further Member stressed the need for similar consideration to be given to the accessibility of other household recycling centres, specifically Palmerston Road. 

 

            The Committee:

 

·        welcomed the proposed works to the pedestrian access to the Alexandra Park HWRC and that funds of £21k had been agreed to progress the work;

·        noted that Option 1 appeared to be preferred option and noted the possible relocation of the mature tree; and   

·        agreed that a report would be submitted to a future meeting which would consider the pedestrian access to other Household Waste Recycling Centres, including Palmerston Road.  

 

9.

Enforcement of Litter and Dog Offences - Potential Supplementary external pilot project

Minutes:

The Director of City Services drew the Members’ attention to a report seeking the Committee’sapproval for Belfast City Council to commence a 12-month pilot project with Waste Investigations Support and Enforcement (WISE), along with permission for the removal of the early payment discounted rate pertaining to fixed penalties issued for littering dog fouling and fly tipping offences for the duration of the pilot. 

 

            The Members noted that littering, fly-tipping and dog fouling activity had been the focus of ongoing discussion in recent months due to significant adverse press coverage of the city, in particular, the city centre. The Director also referred to the recently established Cleansing Task Force and the Member focus on these issues.  She advised that this report was being submitted in the context of the current financial situation that the Council faced with growing pressures and that the Members would be further appraised at the September Strategic Policy and Resources Committee.

 

            During discussion, there was unanimous agreement from all Parties that they did not wish to adopt the proposed pilot project, with the Members citing their desire to keep this role in-house to ensure the quality of the service and the job security of staff.  Several of the Members also drew reference to problems that had been experienced with the use of the pilot in other Council areas.

 

            The Members discussed at length the ongoing cleanliness issues in the city which had also been discussed at the Cleansing Task Force, along with the need to enhance the service by building up the Council’s in house resources and skills to ensure continuity of the service.

 

            The Members also discussed the recommendation that the early payment discounted rate pertaining to fixed penalties issued for littering, dog fouling and fly tipping offences be removed.  Following which, it was

 

Moved by Councillor Murray,

Seconded by Councillor Flynn,

 

            That the Committee agrees the removal of the early payment discounted rate pertaining to fixed penalties issued for littering, dog fouling and fly tipping offences.

 

            On a vote, six Members voted for the proposal and nine against and it was declared lost.

 

            The Committee:

 

·        agreed not to proceed with the procurement of a 12-month supplementary enforcement pilot with an independent enforcement company, targeting litter and dog fouling; and

·        agreed to retain the early payment discounted rate pertaining to fixed penalties issued for littering, dog fouling and fly tipping offences.

 

10.

Resources and Fleet Waste Update

Additional documents:

Minutes:

(Mr. B. Murray, Waste Manager, attended in connection with this item.)

 

            The Director of Resources and Fleet updated the Committee on Waste Collections Management and Performance.  This included an overview and update in respect of the following key issues:

 

·        Waste Performance and City Recycling Rates;

·        Waste Framework Update;

·        Carpet Recycling Scheme;

·        Reuse of Laptops and Electrical Equipment Scheme;

·        Diversion of (Bulky Household) wooden items from landfill;

·        Feasibility studies for Brown Bin and Glass Collection expansion;

·        HVO fuel trial; and

·        Inter Council / DAERA Collaboration.

 

            Following a query from a Member, the Director advised that every effort was being made to reinstate the glass recycling service that had recently been suspended due to resource issues, specifically the lack of category C (HGV) drivers.  She outlined that the current employment market was making it extremely difficult to recruit and retain drivers, however, she reported that a successful recruitment exercise had been held recently and job offers made. Once the drivers commenced employment this service would resume with immediate effect.  She also added a range of other measures, including a Council run Driver Academy, were being progressed to support continuity of service operations.  

 

The Committee noted the update provided.

 

11.

Request for a funfair at Boucher Road Playing Fields

Minutes:

            The Committee:

 

·        noted that the item had been withdrawn from the agenda and that the Director would take the decision, in consultation with the Party Group Leaders and the Chairperson, in accordance with the Scheme of Delegation; and

·        agreed that a report be submitted to a future meeting explaining the Scheme of Delegation for future reference

 

12.

Matters referred back from the Council/Motions

13.

Commonwealth Games success and female sporting needs in the City pdf icon PDF 225 KB

Minutes:

The Democratic Services Officer informed the Members that the Standards and Business Committee, at its meeting on 23rd August, had referred the following motion, which had been proposed by Councillor Maskey and seconded by Councillor McCabe, to the People and Communities Committee for consideration:

 

This Council also notes with concern a lack of capacity for female sports across

the City and resolves to work in partnership with the Department of Communities, Sport NI, the Irish Football Association and any other relevant body to do an immediate and focussed audit of female sporting needs across the City in an attempt to have as early data as possible in terms of what is required to meet capacity for female sports across all sporting disciplines.”

 

            With the permission of the Chairperson, Councillor McCabe, who had seconded the motion, addressed the Committee and provided an overview of the motion.

 

            A number of Members spoke in support of the motion and urged officers to ensure that, whilst considering the motion, female participation in smaller sports was also considered. 

 

            The Chairperson also emphasised the need to ensure that all sporting disciplines give due consideration to the need to be inclusive for those with a disability and asked that this also be considered within the remit of the report.  

 

            The Committee adopted the motion and agreed that a report on how this would be facilitated, resourced and managed would be submitted to a future meeting.

 

14.

Herbicide reduction policy pdf icon PDF 226 KB

Minutes:

The Democratic Services Officer informed the Members that the Standards and Business Committee, at its meeting on 23rd August, had referred the following motion, which had been proposed by Councillor Flynn and seconded by Councillor Smyth, to the People and Communities Committee for consideration:

 

“This Council notes that Northern Ireland ranks 12th worst in the world for biodiversity loss, with significant threats to our natural and native wildlife and habitats due to human intervention.

 

It further notes that a scientific study published in June stated that chemical pollution has passed the safe limit for humanity.

 

This Council commits to the principle of herbicide reduction and will develop a herbicide reduction policy for use across the council estate, in line with best practice regarding weed control and land management.”

 

            The proposer of the motion, Councillor Flynn, addressed the Committee and provided an overview of the motion.

 

            The Committee adopted the motion and agreed that a report on how this would be facilitated, resourced and managed would be submitted to a future meeting.

 

15.

Committee/Strategic Issues

16.

Belfast Boxing Strategy Quarterly Update and 2022/2023 Action Plan pdf icon PDF 251 KB

Additional documents:

Minutes:

            The Director of Neighbourhood Services reminded the Committee that the Council had previously agreed to provide £200,000 in funding to the Irish Athletic Boxing Association Ulster Branch (IABA) in the current financial year for delivery of an agreed action plan which supported the Belfast Boxing Strategy and he then provided an update on the progress in relation to the agreement up to the end of June 2022.

 

            He explained that, in line with the Council’s objectives, the Belfast Boxing Strategy Steering Group had met quarterly.  The Steering Group was chaired by the Director of Neighbourhood Services and attended by Council officers, IABA officers and officials and Co. Antrim officials.

 

            The Committee was reminded that the Council had previously agreed a total of 37 Indicators with the IABA to monitor delivery of the programmes.  The Director reported that the IABA had been compliant with all the reporting requirements. He advised that the IABA had provided narrative against each of the KPIs to describe progress against each indicator and planned to ensure that all targets were achieved at year end.

 

            The Committee was advised that in line with normal process the IABA had developed its programme action plan relating to 2022/2023.

 

            The Committee noted the quarterly progress update report.

 

17.

Stadia Community Benefits Initiative pdf icon PDF 257 KB

Additional documents:

Minutes:

            The Committee considered the undernoted report:

 

“1.0      Purpose of Report or Summary of main Issues

 

1.1       To advise Committee of progress with the Stadia Community Benefits Initiative (SCBI) for 2022/2023 and provide an update on the action plan.

 

2.0       Recommendations

 

2.1       The Committee is asked to 

 

·        Note progress to date.

 

3.0       Main report

 

3.1       The Council has been undertaking the Leisure Transformation Programme to renew its Leisure facilities across the City. This Programme has been influenced by the Partnership opportunities presented by the NI Executive Stadia Programme.

 

3.2       The Council, Department for Communities (DfC) and the Irish Football Association (IFA) have recognised the opportunities presented by the Stadia Programme, have committed to work together to maximise these benefits, and have agreed to establish a Stadium Community Benefits Initiative as part of the Belfast Community Benefits Initiative (‘the Project’) to implement and deliver agreed objectives including promoting equality, tackling poverty, and tackling social exclusion within the Belfast area.

 

3.3       In March 2016 the Council, DfC and IFA signed an agreement which sets out their respective commitments to the project. As other major stadia are developed in Belfast it is anticipated that other sports governing bodies shall become parties to the agreement. At its April 2018 meeting, People and Communities committee agreed that Council would work with the Gaelic Athletic Association (GAA) within the Stadia Community Benefits Initiative and recognised their significant planned investment in Gaelic Games in the city to support their Gaelfast strategy. GAA activities became fully incorporated into the action plan at the start of financial year 2019-2020, with Gaelfast staff imbedded into the governance structure at Communications Board, Delivery Board, Policy and Performance Board.

 

3.4       The agreement is for a period of ten years with financial commitment from Council and IFA in place to the end of March 2026. Delivery is managed through monthly meetings of the Delivery Board, which reports quarterly to the Policy and Performance Board. Financial and performance reports will be presented to Council and other partners’ Boards as necessary.

 

3.5       The Policy & Performance Group is responsible for agreeing the Benefits Realisation Plan and associated annual targets. Work was undertaken to ensure the end benefits/outcomes are aligned to partners’ strategies. To measure the progress of this the Council and the IFA have developed a range of indicators/intermediate benefits which are monitored through programme delivery:

 

a.      Number of coaching sessions provided

b.     Number of coaches engaged in delivering coaching

c.      Number of sessions improving club governance

d.     Number of volunteering opportunities

e.      Participation opportunities for under 16s

f.       Female participation rates

g.     Number of people completing skills development programme

h.     Number of sessions for under-represented groups

i.       Number of sessions for school and youth groups

j.       Community group usage of stadia

k.      Number of clubs attaining club-mark

l.       Educational opportunities

m.    Number of programmes targeting ASB

n.     Improved collaborative working

o.     Number of disabled participants

p.     Number of older people participating

 

3.6       Following the completion of a baseline assessment in early 2017, annual workplans are developed  ...  view the full minutes text for item 17.

18.

Cemeteries and Crematorium Working Group update pdf icon PDF 241 KB

Additional documents:

Minutes:

            The Director of City Services drew the Members’ attention to the minutes of the Strategic Cemeteries and Development Working Group and provided a brief update in regard to the matters that had been considered, as follows:

 

·        Update on City Cemetery Heritage Project;

·        Update on the Crematorium Development; and

·        Update on Bereavement Services – Operational.

 

            The Director advised the Members that the Coronavirus Act 2020 contained provisions which had allowed the electronic transfer of statutory documentation relating to burials and cremations.  She reported that these provisions had been due to expire on 24thSeptember, however, since the Working Group had met, she was glad to report that some of the measure had now been extended which would enable Funeral Directors to still lodge these electronically.

 

            The Committee approved and adopted the minutes and the recommendations from theStrategic Cemeteries and CrematoriumDevelopment Working Group meeting held on 24th August, 2022.

 

19.

Reference Group on Older People Update pdf icon PDF 254 KB

Additional documents:

Minutes:

            The Director of Neighbourhood Services drew the Members’ attention to the minutes of the Reference Group on Older People, advising that Alderman Copeland had been appointed as the Working Group’s Chairperson.  He then provided a brief overview of the items that had been considered, as follows:

 

·        Update on the development of Age-friendly Belfast Plan 2022-2026;

·        Update on Extreme Weather and Winter Planning with Older People; and

·        Update in respect of age-friendly Belfast Activities and Events.

 

            A Member advised that, given the current heating crisis, the possibility of waiving Building Control Inspection fess had been discussed at the recent Working Group meeting and he asked that this be further considered. 


 

 

            The Committee:

 

·        approved and adopted the minutes and the recommendations from the Reference Group on Older People meeting held on 22nd August, 2022; and

·        agreed that a report would be submitted to a future meeting which would consider the potential of waiving Building Control Inspections fees in relation to insultation inspections. 

 

20.

Belfast City Youth Council Update pdf icon PDF 420 KB

Minutes:

The Director of Neighbourhood Services advised the Members that, due to a number of factors over recent months, the BCYC had seen a decrease in activity and he therefore suggested that the special joint meeting scheduled for October be postponed until December 2022.

 

            He reported that a new Children and Young People’s Co-ordinator had recently been appointed and this delay would give the officer time to build on relationships internally and externally and particularly with BCYC members to focus on reviewing previous plans and progress and on supporting them to develop new ideas, priorities and projects.

 

            He also highlighted that, at the June 2021, joint special meeting between People and Communities and the BCYC, it had been agreed that there was potential to improve communication and co-operation between Councillors, officers and BCYC and that this could be done via the nominated Youth Party Champions who would engage with the BCYC on issues and/or motions relating to young people.  He further suggested, given the recommendation to postpone the October Special Meeting, that a meeting of the nominated party Youth Champions and the BCYC be organised in October/November to enable introductions and initial discussions to commence in advance of the proposed December meeting.

 

            The Committee approved the recommended approach to engagement with Elected Members and the BCYC in the coming months, including postponing the next special joint meeting of the committee with the BCYC until December 2022 and officers arranging an initial meeting with the BCYC and the nominated Elected Member Youth Champions.

 

21.

Physical Programme and Asset Management

22.

Cherryvale Gate Anti-Social Behaviour Measures Consultation pdf icon PDF 282 KB

Additional documents:

Minutes:

            The Committee considered the undernoted report:

 

“1.0      Purpose of Report or Summary of main Issues

 

1.1             The purpose of the report is to:

 

·        Update members on the findings of the Cherryvale gate anti-social behaviour measures survey

·        Present options as to next steps for members to consider

 

2.0       Recommendations

 

2.1       The Committee is asked to:

 

·        Note the results of the ASB measure survey residents’ survey.

·        Note that this matter was considered by the East Area Working Group on the 31st May 2022 and the feedback from EAWG in paragraph 3.7,3.8 & 3.10. 

·        Consider options in paragraph 3.14 and agree next steps.

 

3.0       Main report

 

3.1       Following a request at People and Communities Committee on 3rd March 2020, the Committee agreed to commence a consultation process with immediate neighbours and other stakeholders regarding the potential re-opening of an entrance gate into Cherryvale Playing Fields from Knockbreda Park.

 

3.2       At the People and Communities Committee meeting on 11 August 2020, officers were asked to arrange a site meeting to allow Elected Members the opportunity to meet with various user groups to discuss any relevant issues regarding the Playing Fields. A site meeting was held on the 3rd September 2020 and involved Elected Members, representatives from Friends of Cherryvale and various sports users of the facility. Belfast City Council Officers provided an update on works that were taking place within the Playing Fields.  Officers also provided an update that 100 households within the immediate vicinity of the gate had been sent a questionnaire asking for their views concerning the potential re - opening of the gate.

 

3.3       At a further People and Communities Committee meeting, on 8th September 2020, officers were asked to widen the survey to incorporate additional residents. Following discussion, it was subsequently decided to extend the survey scope to a 400 metre radius (i.e. approximately within a 5 minute walk) from the gate.

 

3.4       The Committee, in reviewing the findings, asked that in an attempt to address the anti-social behaviour concerns, that an assessment be carried out in consultation with adjacent residents who might be affected on the possible options to prevent anti-social behaviour including new lighting options, anti-graffiti paint and anti-climb paint.

 

3.5       To complete this survey, Belfast City Council officers determined that 61 properties would need to be consulted in which residents who may be affected by any such anti-social behaviour issues would live.  The residents identified live in the following properties;

 

Address

Property numbers

Knock Eden Pk

1 to 17 odd and even side

Rosetta Pk

16-36 odd and even side.

Knockbreda Rd 

24 - 55 odd and even side.

 

3.6       Belfast City Council received a total of 18 responses from residents who received letters requesting they be engaged with in person to discuss the potential reopening of the gate and to detail any concerns they may have.  The respondents who had requested interviews which were scheduled for Wednesday 26th May failed to respond to any further correspondence or communication with the Open Spaces and Street Scene Manager.  Interviews  ...  view the full minutes text for item 22.

23.

Naming of Request for renaming of Moltke Street Playground pdf icon PDF 237 KB

Additional documents:

Minutes:

The Director of Neighbourhood Services reminded the Committee that a housing association development in 2014 in the Village area of the city had created an area of open space at the junction of Nubia Street and Moltke Street. He reported that after a very protracted legal process a transfer of the land to the Council had been completed in 2019, this was the last transfer agreed before the Council took a decision to accept land only from statutory partners, along with an accompanying financial contribution towards future maintenance.

 

            The Director detailed that, at the beginning of the development, the community through the Blackstaff Community Development Association had requested the asset be named after the late Ruby Murray who was a local resident. With the complexities of completing the land transfer the naming had not been treated as a priority at that time.

 

            He detailed that there had been a number of requests from the community over the intervening years and most recently contact had been made by Mr. Burgess the husband of the late Ruby Murray in support of the initiative. The Chair of the local Neighbourhood Partnership had also been consulted and had indicated that he had no issue with the name being proposed.

 

            The Committee was advised that, whilst there was no current policy on the naming of parks, the framework (available on mod.gov) formed the basis of current practice with the public consultation element carried out through the Council’s “Your Say” platform. Officers were therefore suggesting that, given the strong support within local community, the Committee might consider not undertaking the normal process of wide scale public consultation on this occasion and that the asset be renamed the Ruby Murray Park.

 

            The Committee agreed that officers should commence the process of renaming the Moltke Street Playground the Ruby Murray Park.

 

24.

Public Right of Way at Orby Green pdf icon PDF 426 KB

Additional documents:

Minutes:

            The Committee considered the following report:

 

“1.0    Purpose of Report or Summary of main Issues

 

1.1      Under the Article 3 of the Access to the Countryside Order (NI) 1983 all Local Councils have a duty to

 

          ...assert, protect and keep open and free from obstruction or encroachment any Public Right of Way.

 

1.2      A fence with a gate was erected in 2014 across a path between Orby Green and Orby Link.  In 2020 this gate was welded shut and members of the public alleged that this had blocked a public right of way.  A questionnaire and map were sent out to residents.  The evidence returned showed that people did use the routes as of right and that the developer at the time of construction had intended to create public access through.  The evidence also revealed that this route has been used regularly for a prolonged time by members of the public.  

 

2.0      Recommendations

 

2.1      The Committee is asked to

 

·        Assert the Public Right of Way on foot from Orby Green to Orby Link.

 

3.0      Main report

 

          Key Issues

 

3.1      The Access to the Countryside (Northern Ireland) Order 1983 places a duty on District Councils to ‘assert, protect and keep open and free from obstruction or encroachment any public right of way’. 

 

3.2      In 2021 when the gate was welded shut once again, having been reopened, the Council were compelled under the above duty to investigate. The Council wrote to the landowner asking for the gate to be reopened to restore the public right of way. The landowner stated that they held no evidence of a public right of way. The Council investigated the matter by means of a community survey. 100% of the total returns (25 respondents) provided evidence that a public right of way had come into existence by presumed dedication.

 

3.3      Legal Services have been consulted and have confirmed that the path appears to meet the common law tests for establishment of a public right of way, so have recommended that the Council assert this Public Right of Way as required by its duty under the Access to the Countryside Order.

 

3.4      For a Public Right of Way to exist at Common Law there are two essential elements,

 

a)     Dedication by the owner of the soil

b)     Acceptance of the Right of Way by the public

 

3.5      Dedication by the Landowner can be either express or presumed.  The vast majority of cases will turn on presumed dedication by the Landowner, as only very rarely will a Landowner expressly dedicate his lands as a Public Right of Way.

 

3.6      The following evidence shows presumed dedication by the landowner;

 

a)     The path was constructed through the amenity space by the developer providing a pedestrian link between Orby Green and Orby Link. It is constructed of a sealed tarmac surface.

b)     The route in question has been used ‘as of right’ by the general public.

c)     The public’s use of the path was open until 2014. At this point a fence  ...  view the full minutes text for item 24.

25.

Operational Issues

26.

Proposal for naming new streets pdf icon PDF 248 KB

Minutes:

            The Committee approved the application for naming a new street in the City as set out below:

 

Proposed Name             

Location

  Applicant

Gilchrist View

Off Linen Mill Grove, Edenderry, BT8

KMBC Properties, Ltd

 

27.

Consultation response to Food Standards Agency on the Draft Food Hygiene Rating (Online Display) Regulations (NI) 2023 pdf icon PDF 235 KB

Additional documents:

Minutes:

            The Committee considered the following report:

 

“1.0      Purpose of Report or Summary of main Issues

 

1.1       Over recent years, there has been significant growth in the online sale of food, including from cafes, fast food and restaurant outlets, via online apps (including online aggregator outlets/apps such as ‘Just Eat, Deliveroo, Uber Eats’), websites and via social media channels.

 

1.2       Food businesses that offer food for sale at a physical premises are legally required to display a food hygiene rating sticker. Currently online food sales are not required to display a food hygiene rating at point of sale.

 

1.3       The Food Standards Agency (FSA) is now seeking views and comments of stakeholders on draft Food Hygiene Rating (Online Display) Regulations (Northern Ireland) 2023 and the potential impact on food businesses and district councils.  The consultation focuses on the introduction of secondary legislation needed to implement the online display provision within the statutory food hygiene rating scheme established by the Food Hygiene Rating Act (Northern Ireland) 2016.

 

1.4       The Council’s Food Safety team have reviewed the FSA consultation questionnaire and have prepared a draft response for committee approval. The draft response indicates general support for the implementation of the regulation, however makes comment on a number of technical points and queries in relation to implementation.

 

2.0       Recommendations

 

2.1       The Committee is asked to approve and endorse the draft consultation response, subject to ratification at the October meeting of Council.

 

3.0       Main Report

 

3.1       The Food Hygiene Rating Act (Northern Ireland) 2016 introduced a statutory food hygiene rating scheme in Northern Ireland. The legislation includes provisions which make it mandatory for food businesses to display food hygiene rating stickers at their premises and, if consumers can order online, to display their rating online in a specified manner.

 

3.2       Secondary legislation has been implemented to require the display at physical establishments however a separate piece of legislation is required to implement the requirement for display on an online ordering platform. Without this legislation there exists an asymmetry of information available relating to a business’ food hygiene compliance, therefore increasing consumers’ risk of illness attributed to foodborne disease. This absence of accountability to consumers also limits compliance incentives for businesses, exacerbating regulatory burdens. Secondary legislation mandating online display of food hygiene ratings (FHRs) will seek to correct these shortcomings and ensure the scheme delivers its intended benefits in all settings.

 

3.3       While it should be anticipated that this secondary legislation will ensure consistency of Food Hygiene Rating display across all platforms and provide authorised officers with the appropriate tools for enforcement, and the consultation response indicates support in this respect, Food Safety Officers within Belfast City Council have also raised a number of reservations with regard to implementation of the legislation and future enforcement. These concerns have been reflected in the consultation response to assist FSA in taking forward the proposed legislation and to seek further clarification on specific points.

 

-       The requirement for a sitting NI Executive/NI Assembly to introduce new legislation may affect  ...  view the full minutes text for item 27.

28.

Regulation of Cosmetic Treatments in Northern Ireland pdf icon PDF 167 KB

Additional documents:

Minutes:

            The Committee considered the following report:

 

“1.0      Purpose of Report or Summary of main Issues

 

1.1       The popularity of aesthetic cosmetic treatments has grown rapidly in recent years, with new non-surgical procedures continually emerging on the market.

 

1.2       New legislation to improve regulation of this sector has recently been introduced in England, along with a proposed licensing scheme for non-surgical cosmetic procedures. Powers available to Environmental Health Officers in Northern Ireland to regulate this sector to protect health and safety remains significantly more limited. The NI Local Authority Health and Safety Liaison Group (on which BCC is represented) is seeking support of all Councils to advocate for an appropriate regulatory regime for this sector.

 

1.3       This report seeks the committee’s support and approval for Belfast City Council to write to the Minister for Health to seek improved regulation of cosmetic treatments in Northern Ireland, along with the introduction of a licensing scheme for non-surgical cosmetic procedures.

 

2.0       Recommendations

 

2.1       The Committee is asked to

 

·        Write to the Minister for Health to seek improved regulation of cosmetic treatments in Northern Ireland, along with the introduction of a licensing scheme for non-surgical cosmetic procedures.

 

3.0       Main report

 

3.1       In October 2021 the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 came into force in England making it illegal to administer Botox or a filler by way of injection for a cosmetic purpose to a person under 18 years of age. No such law exists in Northern Ireland.

 

3.2       The UK Government recently confirmed its intention to introduce a licensing regime for non-surgical cosmetic procedures to better regulate the cosmetic industry in England through an amendment to the Health and Care Bill.

 

3.3       The licensing scheme in England will introduce consistent standards that individuals carrying out non-surgical cosmetic procedures such as lip fillers, botox etc. must meet, as well as hygiene and safety standards for premises. It will focus on those cosmetic procedures which, if not properly performed, have the potential to cause harm.

 

3.4       In recent years there has been a significant rise in the number and type of non-surgical aesthetic procedures available, with many practitioners performing treatments without being able to evidence appropriate training and the required standards of oversight and supervision.

 

3.5       The existing legislation available to Environmental Health Officers to regulate this sector in Northern Ireland is considered no longer fit for purpose and no licensing scheme (similar to that being introduced in England) currently exists in Northern Ireland. 

 

3.6       The Local Authority Health and Safety Liaison Group (HSLG) is a subgroup of Environmental Health Northern Ireland (EHNI). HSLG is seeking the support of all Councils by requesting that each Council write to the Health Minister to ask for better regulation of cosmetic treatments in Northern Ireland, along with the introduction of a licensing scheme for non-surgical cosmetic procedures.

 

            Finance and Resource Implications

 

3.7       None


 

      Asset and Other Implications

     

3.8None

 

      Equality or Good Relations Implications/

      Rural Needs Assessment

 

3.9None.

 

            A Member welcomed the proposal to  ...  view the full minutes text for item 28.

29.

Issues Raised in Advance by Members

30.

Council Allotments - Councillor Flynn

Minutes:

With the permission of the Chairperson, Councillor Flynn addressed the Committee and outlined his concerns regarding the general lack of maintenance and upkeep of Council owned allotments.

 

            A number of Members concurred with the Member, highlighting that, despite numerous allotments not being maintained, there was lengthy waiting lists across the Council area seeking allocation.  It was suggested that the lease system might need to be reviewed to address those people not maintaining their allotment.

 

            It was also suggested that officers investigate if they could identify any suitable plots of land that would be suitable to accommodate new allotments.

 

            The Committee agreed to undertake a review of all Council managed allotment facilities, including investigating the levels of upkeep of individual plots, the ongoing management and maintenance of the sites and length of waiting lists at the various sites with a comprehensive report to be submitted to a future meeting.

 

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