Agenda and minutes

            No apologies were received.

            The minutes of the meeting of 21st 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 3rd October, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

The Interim City Solicitor/Director of Legal Civic Services declared a conflict of interest in item 2(d) Application for the Renewal of a Seven-Day Annual Indoor Entertainments Licence – St. Malachy’s College Old Boys’ Association, 442 Antrim Road in that she knew one of the applicants and left the meeting whilst the matter was being discussed.

            The Committee noted a list of licences for Houses in Multiple Occupation which had, since its last meeting, been issued under the Council’s Scheme of Delegation.

The Committee noted a list of applications for licences which had, since its last meeting, been approved under the Council’s Scheme of Delegation.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of a Seven-Day Annual Outdoor Entertainments Licence for the following premises, based on the Council’s standard conditions, to provide outdoor musical entertainment for:

Area and Location             Ref. No.                   Applicant

Central Catholic Club,       WK/2020/02063       Patrick McAviney

43a Rosemary Street                                          Club Chairman

Belfast, BT1 1QB                                               

1.2       A location map is attached at Appendix 1.

2.0       Recommendations

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

a)        Approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence, or

b)       Approve the application for the grant with special conditions, or

c)        Refuse the application for the grant of the 7-Day Annual Outdoor Entertainments Licence.

2.2       If an 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. In the case that the applicant subsequently decides to appeal, outdoor entertainment may not be provided until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       The applicant has applied to provide musical entertainment in the form of live music, within an outdoor area adjacent to the Club’s main building. The club has an existing indoor Entertainments Licence.

3.2       A layout plan is attached at Appendix 2.

3.3       The standard days and hours for an Outdoor Entertainments Licence are:

·        Monday to Sunday:   11.30 am to 11.00 pm.

Members are reminded that all applications for the grant of Outdoor Entertainments Licences must be brought before Committee for consideration.

Representations

3.4       No written representation has been received as a result of the public notice of the application.

PSNI

3.5       The Police Service of Northern Ireland has been consulted in relation to the application and has confirmed that it has no objection to the application.

NIFRS

3.6       The Northern Ireland Fire and Rescue Service has been consulted in relation to the outdoor application and has confirmed that it has no objection to the application.

            Health, Safety and Welfare

3.7       The applicant is developing a management plan outlining how the area will be managed to ensure the health and safety of their patrons and staff.

            Noise

3.8       The applicant has provided the Service with a noise impact assessment report from an acoustic consultant for the outdoor area, which has been forwarded to our Environmental Protection Unit (EPU) for evaluation. 

3.9       The provision of only amplified background music and the performance of live small acoustic bands is proposed, and should Members be minded to grant the Outdoor Entertainments Licence the licensee is content for a special condition to this effect be placed on the licence.

3.10     Members are reminded that the Clean Neighbourhood and Environment Act (Northern Ireland) 2011 gives the Council additional powers in  ...  view the full minutes text for item 7.

            The Committee agreed to defer the application for the renewal of a seven-day annual indoor entertainments licence due to the Interim City Solicitor/Director of Legal Civic Services’ declaration of interest, in that she knew one of the applicants. 

            There was also the matter of the footage received from the objector which showed the identity of individuals and would therefore contravene General Data Protection Regulations (GDPR) if played to the Committee before identities were pixelated.

            The Building Control Manager submitted for the Committee’s consideration the following report:

1.0       Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (the Order).  

            Premises and Location           Ref. No.            Applicant

            Playland (formerly Mavericks)                         WK/20200431        Spiros Poker Limited

            24-28 Bradbury Place                                        22 Barrack Street

            Belfast, BT7 1RS                                               Armagh, BT60 1AD

1.2       The Director of Spiros Poker Limited is Sonia Mullen.

1.3       A location map is attached at Appendix 1.

1.4       A layout plan of the premises is attached at Appendix 2.

2.0       Recommendations

2.1       In considering the application for the grant of an Amusement Permit, the Committee shall have regard to the Order and to Belfast City Council’s Amusement Permit Policy, as follows:

a)          The fitness of the applicant to hold a Permit having regard to his character, reputation and financial standing, and

b)          The fitness of any other person by whom the business is to be carried on under the Permit would be managed, or for whose benefit that business would be carried on,

c)          In considering the fitness of a body corporate to hold an amusement permit, the Council shall also have regard to the character, reputation and financial standing of the directors of the body corporate and any other persons who have executive control of it and who have a financial interest in it, as if the permit were, or were proposed to be, held by them jointly,

d)          Representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub-division the premises are situated, and

e)          Representation, if any, as a result of the public notices of advertisement.

You are then required to make a decision based on the following options set out under the Order.

You must refuse the application unless satisfied that:

a)             The applicant is a fit person to hold an Amusement Permit; and

b)            The applicant will not allow the business proposed to be carried on under the Amusement Permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of an Amusement Permit.

Thereafter:-

1)             You may refuse the application after hearing any representations from third parties, or

2)             You may grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

3)             You may also grant the application subject to discretionary conditions outlined in the Order relating to the illumination of the premises, advertising of, and window displays on the premises and the display of information notices.

2.2       Should you be minded to refuse the application for the grant of an Amusement Permit, or grant the Permit, subject to any discretionary conditions, you are required to advise the applicant of your intention to do so and you must afford the applicant  ...  view the full minutes text for item 9.

The Building Control Manager provided an update on the trial period which the Committee, at its meeting on 13th April 2022, had agreed to extend for a further six months, with authority delegated to the Director of Planning and Building Control to deal with all Article 44A extension applications both for City centre and non-city centre locations in the manner which had been previously agreed by the Committee.  He provided a summary position whereby following the April Committee Meeting the Committee agreed to offer no objection to Article 44A extension applications for Biddy Duffy’s and Horatio Todd’s up to 19th October 2022 and that each applicant be requested:

1. to agree to withdraw all Article 44A extension applications beyond 19th October, to allow officers to provide at the Committee meeting in October an update on any issues which had arisen from the operation of the premises during the 9-month trial period, given that both premises were located in close proximity to residential accommodation; and

2. to agree not to provide entertainment after 2.00 a.m., unless an Entertainments Licence was in place which expressly permitted entertainment to take place beyond that time.

To date, Biddy Duffy’s had only once availed of the additional hours of operation permitted by their Article 44A applications whilst Horatio Todd’s had not used any of their additional hours applications. 

The licensee of Biddy Duffy’s had advised that they were not using their additional hours because customers were no longer interested in late nights, post-covid, whilst the licensee for Horatio Todd’s would not be applying for any further additional hours claiming that they cost too much in legal fees and provide no return.

Given that the premises were close to residential properties, the intention of the extended trial period was to consider whether the premises operating to the later hours, or any period immediately following their termination, led to undue inconvenience to persons residing in the vicinity.

The Building Control Manager advised that despite a prolonged trial period of over 9 months, there was still no evidence to provide the Committee in relation to the impact, if any, of these bars selling alcohol to 2.00 am on their local neighbourhood. He added that Coronavirus had had a significant impact on the licensed trade and it would seem that the introduction of new legislation to permit longer opening hours had not had the widespread uptake that might have been expected.  When reporting to the Committee in April, it was anticipated that trade in the industry and tourism generally would pick up, and that there would be greater interest from pubs and hotels in availing of the opportunity to serve alcohol until 2.00 am.  No doubt the more recent pressures that businesses were enduring due to the cost of living and energy crisis had had a further impact on recovery and, in turn, their desire to avail of late licences.

After consideration the Committee agreed to delegate authority to the Director of Planning and Building Control to deal with all such  ...  view the full minutes text for item 11.