Agenda and minutes

            Apologies were reported on behalf of Councillors Dorrian, Howard and M. Kelly.

            The minutes of the meeting of 13th November were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 2nd December, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            No declarations of interest were reported.

            The Committee noted a list of licences and permits which had been issued under the Council’s Scheme of Delegation.

The Committee considered the undernoted report for the Grant of a 7-Day Annual Outdoor Entertainments Licence:

“1.0      Purpose of Report or Summary of main Issues

1.1      To consider an application for the Grant of a 7-Day Annual Outdoor Entertainments Licence based on the Council’s Standard Conditions to provide outdoor musical entertainment.

1.2       A location map is attached as Appendix 1 (copy available here).

2.0       Recommendations

2.1       Taking into account the information presented and any representations made you are required to make a decision to either:

1.      Approve the application for the grant of the Entertainments Licence, or

2.      Approve the application for the grant of the Entertainments Licence with Special Conditions, or

3.      Refuse the application for the grant of the Entertainments Licence.

2.2       If the application is refused, or Special Conditions are attached to the Licence to which the applicant does not consent, then the applicant may appeal the Council’s decision within 21 days of notification of that decision to the County Court.

3.0       Main report

            Key Issues

3.1       Members are reminded that all applications for the Grant of Outdoor Entertainments Licences are brought before Committee for your consideration.

3.2       Committee are advised that an application for this outdoor area was considered at your meeting of 18 April 2018 and, whilst objections had been received in respect of the application, the Committee agreed to grant the outdoor entertainments licence for a period of six months.

3.3       However, the applicant did not apply to renew the licence and it subsequently expired.

            Details of Premises and Proposals

3.4       The applicant proposes to provide outdoor entertainment within the external beer garden, which is located to the front of the Wellington Park Hotel. The external area will be utilised by both the Botanic Inn and the Wellington Park Hotel.

3.5       The previous Licence was issued with the following terms and conditions:

(a)    Occupancy of the external beer garden to be 350 persons.

(b)   The days and hours during which entertainment may be provided are:

·        Monday to Saturday   11.30 am to 11.00 pm, and

·        Sunday                        12.30 pm to 10.00 pm.

(c)    Special Conditions:

1.      The capacity of 350 persons for the outdoor area will be included in the existing overall maximum occupancy of the indoor areas; it is not in addition to this occupancy.

2.      The maximum indoor occupancy for both premises will be managed in conjunction with the external area to ensure numbers in all areas do not exceed capacity.

3.      Entertainment to be provided to the outdoor area must be no greater than 75 dBLAeq, 5mins at 1m from the loudspeaker.

4.      Outdoor area must be managed in accordance with the Noise Management Strategy dated January 2018.

5.      Music must be provided through the in-house sound system.

            The applicant has advised that, if a Licence is granted  ...  view the full minutes text for item 6.

            The Building Control Manager informed the Committee that an application had been received for the variation of a Seven-Day Annual Indoor Entertainments Licence in respect of The Deer’s Head, based upon the Council’s standard condition to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that entertainment was provided currently on Monday to Saturday from 11.30 a.m. till 1.00 a.m. and on Sunday from 12.30 p.m. to midnight. The licensee had now applied to provide entertainment till 3.00 a.m. the following morning on Monday to Sunday. 

            He pointed out that the applicant had stated that the main reason they wished to extend the hours of entertainment was to compete with other premises in the City centre providing late night entertainment. He advised that the applicant considered the current 1.00am Licence left them at a disadvantage and, as the area they were situated in was severely underdeveloped, they needed to make themselves a destination venue with a key role to play in the regeneration of the North Street area.

            The Building Control Manager confirmed that no written representation had been received in relation to the application and that the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had not objected. In such circumstances, it was normal practice for the Entertainments Licence to be issued under the Council’s Scheme of Delegation.  However, given that the application related to the extension of the hours of entertainment beyond 1.00 a.m., it was being presented to the Committee for consideration.

            He advised that no noise complaints had been received in relation to the premises in the last 12 months.

            The Committee agreed to vary the Seven-Day Annual Indoor Entertainments Licence for The Deer’s Head, 1-3 Lower Garfield Street, thereby permitting entertainment to take place till 3.00 a.m. the following morning on Monday to Sunday.

            The Committee considered the following report:

“1.0      Purpose of Report or Summary of main Issues

1.1       Members will recall that, at your meeting of 19 June this year, the Committee granted approval to initiate the statutory process for the designation of a new street trading site at the entrance into Victoria Square from Ann Street for the sale of hot and cold food and non-alcoholic beverages or similar commodities.

1.2       At that meeting the Committee also granted approval to initiate the statutory process for the rescinding of the designating resolution for the 3 Designated sites at Queen’s Quay.

2.0       Recommendations

2.1       Based on the information presented the Committee is requested to consider each proposal in turn and to decide whether to:

2.2

A)    New designation

1.      Approve a Designating Resolution to designate the entrance into Victoria Square from Ann Street for the sale of hot and cold food and non-alcoholic beverages or similar commodities. The Designating Resolution will include the operational date, or

2.      Decide not to proceed with the proposal.

2.3       In addition to making any Designating Resolution, Members may, having considered all comments, record any reasonable Conditions that should be applied to a subsequent Licence. For example, these may include hours of trade, days of trade, duration of Licence, etc.

2.4       Members are reminded that once the site becomes designated the Council will subsequently have to consider any applications that may be received for a Street Trading Licence.

2.5       At that time, an assessment will be made of the suitability and quality of the proposal within the requirements of the Act. Any Street Trading Licence granted may also be subject to reasonable conditions which can be used to control the commodities being sold, and potential nuisance, etc.

2.6

B)    Rescinding of designation

1.      Approve the rescinding of the Designating Resolution for Queen’s Quay and include the operational date, or

2.      Decide not to proceed with the proposal.

3.0       Main report

            Key Issues

3.1       The designation process involved seeking comments from interested parties, including relevant statutory bodies, through public advertisement and consultation. 

3.2       The Street Trading Act (NI) 2001 requires the Council to ensure that each application is fairly and objectively assessed, that all relevant factors are considered and, in doing so, the Council must consult with the:

a)     PSNI, and

b)     Department for Infrastructure - Roads.

3.3       The Council may also consult other persons as it considers appropriate. Such consultees may include:

a)     Belfast City Centre Management Company (BCCM)

b)     Local residents, business and commercial premises in the vicinity of the site in respect of which the application has been received.

3.4       Subsequently, the Service has received responses to the applications from a variety of interested parties and individuals.

3.5       The purpose of this report is to enable the Committee to consider each of the proposals in conjunction with any submissions received and make a decision on whether or not to designate or rescind the sites.

            A) Designation of new Site

3.6  ...  view the full minutes text for item 8.

            The Committee noted the applications that had been issued under the Council’s Scheme of Delegation.

            The Committee was reminded that Institute of Licensing’s National Training Event took place in November 2019 and the Committee had authorised the attendance of the Chair, the Deputy Chair, the Director of Planning and Building Control and the Building Control Manager to attend.

            The Building Control Manager advised that the event had been a great opportunity to meet with licensing professionals from across the UK and keep abreast of changes to licensing in other jurisdictions. He reported that themes and learning from the conference included presentations on:

·        Cumulative Impact areas;

·        Drug Trends;

·        Public Sector Equality Duty in Licensing;

·        Partnership approach to enforcement;

·        Safeguarding in Licensing;

·        Fit and Proper Person Criteria; and

·        Public safety Challenges for Licensed Events.

            The Committee noted the information which had been provided.