Agenda and minutes

            Apologies for inability to attend were received from Councillors Howard, McCullough and McCusker.

            The minutes of the meeting of 16th September were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 1st October, 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 recorded.

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

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

            The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 4 Landseer Street.

            The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 7 Pretoria Street.

              The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 29 St Ives Gardens.

            The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 4 Stranmillis Park.

            The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 4 Stranmillis Gardens.

            The HMO Unit Manager provided an overview of the application and explained that, as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            The Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 50 Stranmillis Gardens.

            The HMO Unit Manager provided an overview of the application and explained that as a valid objection had been received, the application must be considered by the Committee, pursuant to the 2016 Act and legal advice.

            He advised that no noise complaints had been received in relation to the property.

            He pointed out that the property was previously licensed as an HMO up and until 20th August 2019, at which time the licence had expired. Prior to the expiry of the licence, the NIHMO Unit had written to the owner on 13th August 2019 reminding him that the licence on the property was about to expire.  On 2nd October 2019, an authorised officer from the HMO Unit had inspected the property and established that the property was occupied as an HMO by 5 individuals from more than 2 households.

            He further advised that officers had written to Mr. Rafferty on 2nd October 2019 asking him if he had a reasonable excuse for operating the accommodation without it being licensed.  As no such reasonable excuse was forthcoming, a Fixed Penalty Notice (“FPN”) was issued on 14th October 2019 for the sum of £5000.00, offering Mr. Rafferty the opportunity of discharging any liability to conviction for the alleged offence, by paying the fixed penalty.  Mr. Rafferty accepted the opportunity and paid the FPN on the 28thOctober 2019.

            On 28th November 2019, pursuant to Section 15 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, a Temporary Exemption Notice (TEN) was granted until 28th February 2020 after the owner specified the steps he would be taking, with a view to securing the accommodation ceases to be an HMO. The TEN was subsequently extended until 28th May 2020.  On 17th July 2020 officers had confirmed that the property was no longer in HMO usage. On 13th February 2020 an application for a new HMO licence was submitted to the NIHMO Unit.

            Following the publication of the application, an objection was received in relation to the application. The objection raised general concerns about the overprovision of HMOs in the Stranmillis HMO Policy Area. 

            The HMO Unit Manager informed the Committee that as it was a new application, the HMO Unit had consulted with the Council’s Planning Service which confirmed that on 17th January 2020, a Certificate of Lawful Use or Development was granted with the planning reference LA04/2019/2946/lde.

            For the purpose of determining whether or not the granting of a licence would result in an overprovision of HMOs in the locality of the accommodation, the locality was defined as being HMO Policy Area “HMO 2/19 Stranmillis” as defined in the document “Houses in Multiple Occupation (HMOs) Subject Plan for Belfast City Council Area 2015.

            The Committee agreed that Mr. Steven Rafferty, speaking on behalf of the applicant, Mr. Niall Rafferty, could address the Committee regarding the application for a new HMO for 32 Stranmillis Park.

            Mr. Rafferty explained that because of miscommunications and inaccuracies provided by the HMO Office,  ...  view the full minutes text for item 13.

            The HMO Unit Manager presented the Committee with an update in respect of the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Members will be aware that responsibility for HMO’s was transferred to local district councils in April 2019 with the enactment of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ‘2016 Act’.

1.2       Members expressed concern at the September’s licensing committee meeting about the ongoing issues in the Holylands and other areas associated with HMOs, particularly around ASB. It was agreed that officers would bring back a report to this meeting outlining what potential action could be taken under HMO legislation to address that and other more medium term priorities, for example amendments to the HMO legislation.

1.3       This paper provides Members with information regarding the action being taken by the NIHMO Unit to address ASB in HMO accommodation and details of the proposed review of the Houses in Multiple Occupation (HMO) Licensing Scheme.

2.0       Recommendations

2.1       The Committee is asked to note the additional measures which have been put in place to allow the NIHMO Unit to address ASB issues and the proposed review of the HMO Licensing Scheme.

3.0       Main report

            Key Issues

            Background

3.1       On the 20 February 2019 this committee approved the Standard Licensing Conditions for Houses in Multiple Occupation (HMOs) in Northern Ireland. The conditions imposed within that document apply to all houses in multiple occupation (HMOs) in Northern Ireland, and will be attached to all licences as they are issued. They are imposed for the purpose of regulating both the management, use and occupation of the HMO, and its condition and contents.

3.2       Section 9 of the Standard Licensing Conditions require the licensee to have in place a policy / plan (approved in writing by the council) to deal with any anti-social behaviour linked to licensed premises, either directly or indirectly which is caused by or effects their tenants.

3.3       To assist owners and managing agents in the preparing of their anti-social behaviour plans, Members on the 20 February 2019 approved the guidance document ‘Tackling Anti-Social Behaviour in HMO Properties, A Guide for Owners and Managing Agents’.

3.4       Only those properties licensed since the 1 April 2019 have the Standard Licensing Conditions and the requirement to have an ASB plan applied to them, this equates to 22% of licensed HMOs in Belfast. The remaining 78% of licensed HMOs retain the condition in place when they transferred from Statutory Registrations (granted by the NIHE) and became Licences pursuant to the provisions of The Houses in Multiple Occupation (Commencement and Transitional Provisions) Order (Northern Ireland) 2019.

3.5       Section 10(6) of the Houses in Multiple Occupation Act (Northern Ireland) 2016 sets out certain matters which the Council must have regard to in deciding whether an owner or managing agent is a fit and proper person.   It also allows councils to take into account any other matter which it considers to be relevant. This cannot however include over provision or breach  ...  view the full minutes text for item 15.