Agenda and minutes

            An apology was reported on behalf of Alderman L. Patterson.

            The minutes of the meeting of 15th April were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 5th May, 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 considered the undernoted Protocol for use by the Licensing Committee:

“PROTOCOL FOR DECISION MAKING

BY THE LICENSING COMMITTEE

Introduction

1. The following protocol has been developed for use by the Licensing Committee (‘the Committee’). It should be read alongside relevant provisions of the Council’s Standing Orders and the Code of Conduct for Councillors and is not intended to replace either document. The key aims of the protocol are to ensure that:

Those who apply for, or make representation to, applications before the Committee are able to make informed representations and know the case which they have to meet; and

The Committee makes decisions in a soundly based, lawful, and transparent way and in a timely and efficient manner.

2.   Meetings of the Committee will be open to the public; however, seating within the Committee chamber will be limited according to venue capacity and associated fire and safety regulations.

3.   Seating for applicants, statutory consultees, and objectors (‘the parties’) to an application will be reserved but only for the time in which their application is being considered.

Representations to Committee

4.   Only those who have made written submissions and registered a request to speak in respect of an application shall be permitted to make oral representations before the Committee.

5.   Parties to an application will be subject to the following conditions:

i.  Deputations shall be heard in the following order:

Statutory consultees or other notice parties;

Objectors and/or their representatives;

Applicant and/or their representatives and/or those supporting the application.

ii.  Where more than one application is received in relation to a street trading site, deputations will be heard in alphabetical order according to the surnames of the applicants;

iii.  Deputations, unless otherwise agreed in advance by the Committee, shall consist of no more than 3 persons. Where there are more than 3 objectors or groups of objectors they will be required to arrange a single deputation to express their representations;

iv.   The privilege of such deputation shall be confined to the presentation of a statement and the making of a short address either by each member of the deputation or, should they so wish, by their nominated spokesperson or legal adviser;

v.    Each deputation shall be permitted, as far as is reasonably practicable, a maximum of 5 minutes to address the Committee. Where more than one person wishes to make representation the 5 minutes should be shared between the members of the deputation;

vi.  Speakers will not be permitted to circulate papers to members at the Committee meeting;

vii.  All members of a deputation must continue to be seated and remain silent whilst other deputations are making representations to the Committee;

viii.    Cross-examination, discussion or any type of debate between persons making representations to Committee shall not be permitted;

ix.   Once all deputations have been made, the parties shall be permitted an opportunity to rebut any factual inaccuracies only which may have arisen from the oral representations of another deputation and in respect of which  ...  view the full minutes text for item 2a

            The Head of Building Control reminded the Committee that it had requested that a map defining the boundary of the City Centre be submitted to a future meeting for consideration.

            He reported that the Belfast Metropolitan Area Plan (BMAP) had come into operation on the 9th September, 2014 and that by using the same City Centre boundary as defined within BMAP, in order to determine which premises were required to advertise in the four main newspapers, this would ensure that decisions made by the Committee would remain aligned with planning policy and would be consistent with the Council’s Amusement Permit policy, which also used the boundary as defined by BMAP.

            The Assistant Building Control Manager demonstrated an in-house digital map which had been created to illustrate the number, type and location of Entertainments Licences, Amusement Permits, Outdoor venues, Street Trading pitches and Sex Establishments across the City.  He explained that the map would be useful in illustrating to the Committee how many late licences were in operation in certain areas of the city centre, for example, when making decisions in the future.

            In response to a Members question, the Head of Building Control agreed to submit a report to a future meeting detailing the number of licensed premises which were previously within the Lisburn or Castlereagh areas and which were now within the Belfast boundary.

            The Committee agreed to adopt the City Centre boundary area, as proposed, for the purposes of determining those premises which were required to advertise an application for an Entertainments Licence in one of the four main newspapers.

            The Committee considered the undernoted report:

“1.0  Purpose of Report

1.1The Police Service of Northern Ireland (PSNI) wrote to the Council on 27th April to make it aware of a new policy regarding charging for special policing services at events and enterprises.  This policy has been agreed with the Policing Board and is effective from 1st April 2015.  They have asked that this letter and the relevant Policy are brought to the attention of the Licensing Committee for information.

1.2The PSNI wish to inform the Committee of this new policy and of the relevance it has with the Committee’s role in the licensing of entertainments.  The PSNI have stated in the policy that, where there is no request for PSNI services, or there is no agreement with the event organiser on the extent of provision and payment for policing services, they may look to make the case to the Committee to object to the event.

2.0Recommendation

2.1The Committee is asked to consider the letter and policy and whether it wishes to avail of the offer to receive a briefing from the PSNI at a future meeting.

3.0Main Report

3.1Key Issues

      The PSNI have indicated they have the legal authority to charge for policing services under Section 11 of the Police (Northern Ireland) Act 2000 and that this policy formalises existing arrangements and brings the PSNI into line with other Police Services within the United Kingdom.

3.2In cases where the PSNI cannot get agreement by way of numbers then they will seek to raise the concerns with the Licensing Committee either by objecting to the event or seeking the Council to impose their requirements by way of conditions on the entertainments.  

3.3Entertainments Licences are granted to premises on an annual basis, so within their terms and condition they can provide entertainments for the duration of that licence.   Whilst the PSNI can object at any time and are not constrained as to the substance of that objection it can only be considered at the grant and/or renewal of the licence. 

3.4If the proposed event is due to take place under a current Entertainments Licence, the only basis upon which a proposed event can be stopped is where the Council is satisfied that the event is causing, or likely to cause a serious threat to public order or public safety. 

3.5Suspending an Entertainments Licence is a significant Council decision, which has legal and financial implications for the Council.  Furthermore, before suspending a Licence, a meeting of the Licensing Committee must be convened and the applicant permitted to address the Committee before it decides whether to suspend the Licence.

3.6Financial & Resource Implications

      None

3.7Equality or Good Relations Implications

      There are no equality or good relations issues associated with this report.”

            During discussion, a number of Members of the Committee expressed concerns at the proposal, particularly given the widespread effect that this would have on a number of Council Departments.  Accordingly, the Committee  ...  view the full minutes text for item 2c

            The Head of Building Control reminded Members that, on 1st May 2015, the Minister for the Environment, Mark H Durkan MLA, had announced that a consultation on the review of Entertainments Licensing legislation would be undertaken by a Working Group set up by the Minister.  The Head of Building Control advised Members that the consultation would run until 26th June, 2015 and that the Committee was being asked to submit a response.

            After discussion, the Committee agreed that:

1.     officers would draw up a draft response to the consultation questions;

2.     Members would email any specific comments to the Head of Building Control for inclusion within the response; and

3.     a special meeting of the Licensing Committee, to which all Members of the Council would be invited, would be held to discuss and agree the Council’s response before the next Licensing Committee.

            The Committee considered the undernoted report:

“1.0  Purpose of Report

1.1   At your meeting of the 17th December 2014, you considered the report regarding the proposed changes being introduced by the Department for Social Development (DSD) to the Pedlars Acts 1871 and the Street Trading Act (N.I.) 2001.

1.2   Officers of the Service reported to you that the Minister had decided to implement the changes and highlighted to you the detrimental and negative impacts that the changes were likely to create for the city.

1.3   The Committee, after considering the matter endorsed the comments set out within the report and agreed, in addition to writing to the Minister for Social Development to express its concerns at the proposed changes to the legislation, that the Minister be invited to meet with an All-Party delegation from the Committee and relevant council officers to discuss the matter.

1.4   A letter was subsequently sent to the Minister on behalf of the Committee on 13th January 2015 to express your concerns and is attached as Appendix 1.

1.5   The Minister responded to your letter and stated that it may be more beneficial, in the first instance, if a meeting was convened at officer level to discuss your concerns. Committee subsequently agreed that officers should meet with Social Development officials to discuss the Council’s concerns.

2.0   Recommendations

2.1   The Committee is asked to consider the comments arising from the meeting with DSD and to consider writing to the Minister once again raising the Council’s concerns on the proposed changes along with any amendments arising from your discussion.

3.0   Main report

3.1   Key Issues

         A meeting was held on 24th March 2015 with Mr Liam Quinn, Head of Social Policy, Department for Social Development and a delegation of Council Officers.

3.2   There was considerable discussion around the proposed changes including the major issue of removing the ‘house to house’ restriction regarding pedlars in Northern Ireland.

3.3   In effect, those proposals will allow a pedlar to trade in the city centre, outside entertainment venues and a host of tourist destinations across the city, even if the Council has designated them as prohibited areas. As long as the pedlar isn’t pushing or pulling a trolley they can trade from a bag or trade from a tray worn around the neck.

3.4   A brief summary of the discussions are detailed below:

1.     The DSD propose to introduce the changes in October 2015 in line with the rest of the UK;

2.     The PSNI will continue to licence Pedlars and take enforcement for licence offences. However the police have no power to suspend, revoke or seize a pedlar's certificate. Councils will be responsible for enforcement against Pedlars who are engaged in illegal street trading who aren’t acting as a pedlar;

3.     For consistency across the United Kingdom, the Association of Chief Police Officers will introduce guidance for police. There will be no input from councils;

4.     To repeal the Pedlars Act would take between 6 to 12 months and to  ...  view the full minutes text for item 2e

            The Committee noted a list of licensing applications which had been granted under the Council’s Scheme of Delegation.

            The Head of Building Control advised that a request had been received from the organisers of Féile an Phobail to hold a 10 day music event within a marquee at Falls Park, running from Friday, 31st July to Sunday, 9th August, and which sought permission for the entertainment to run beyond 11.00pm to 12.00am on 8 of the nights. He reminded the Committee that it was a condition of the Falls Park licence that all requests to operate beyond the permitted hours of entertainment must be considered by the Licensing Committee.

            The Head of Building Control outlined that the organisers had requested that consideration be given to permit 8 nights of entertainment to run beyond 11.00pm, to 12.00am.  The proposed dates for the extension would be Friday 31st July and 1st, 3rd, 4th, 5th, 6th, 7th, and 8th August.

            He informed Members that the Police Service of Northern Ireland (PSNI) had been consulted in relation to the event and had offered no objections to the application. The Environmental Protection Unit (EPU) and the Northern Ireland Fire and Rescue Service (NIFRS) had also been consulted in relation to the request for late night entertainment.

            The Head of Building Control advised the Committee that, as with all such events, a series of detailed planning meetings would be held to look at traffic management, transport and any wider operational policing issues.  He also informed Members that officers from the Service had carried out during performance inspections over previous years at events organised by Féile An Phobail and had always found the organisers to be professional in their approach and had found no issues with the health, safety or welfare management of the events during that time.

            As in previous years, officers were currently working with the organisers and their representatives regarding a suitable noise assessment and noise management plan for the festival. The noise assessment must demonstrate that noise from the event would not cause unreasonable disturbance to commercial and residential premises. Officers would consider all reports and supporting information to ensure that the technical requirements were in accordance with all the relevant legislation and guidance.

            Accordingly, the Committee agreed, in its capacity as Licensing Authority, that the eight proposed events, taking place on Friday 31st July and 1st, 3rd, 4th, 5th, 6th, 7th, and 8th August in the Falls Park would be permitted to take place beyond the standard hours to 12.00am.

            The Head of Building Control advised that an application had been received for a 14-day Occasional Outdoor Entertainments Licence for Crusaders Football, Athletic and Sports Club based on the Council’s standard conditions to provide outdoor musical entertainment.

            The Members were advised that, in accordance with Standing Orders, all applications for the grant of Outdoor Entertainments Licences should be brought before the Committee for its consideration.

            The Head of Building Control advised the Members that the purpose of the application was to facilitate a proposed Nathan Carter outdoor concert on 19th June, 2015 on the football grounds.  Nathan Carter would be supported by Hugo Duncan and his band, with the concert commencing at 7.45pm and finishing by 10.30pm.  He reminded the Committee that the standard days and hours for an Outdoor Entertainments Licence were Monday to Sunday: 11.30am to 11.00pm.

            The Committee were advised that the PSNI had been consulted and had confirmed that they had no objection to the application. They had also attended a pre-event meeting with the applicant regarding the event and would be consulted in advance of any other proposed event at the venue to consider traffic management and wider operational policing issues.

            Accordingly, the Committee agreed, in its capacity as Licensing Authority, to grant approval for a 14-day Occasional Outdoor Entertainments Licence to the Crusaders Football, Athletic and Sports Club.

            The Head of Building Control reminded the Committee that, at its meeting on 17th December, 2014, it had considered an application from Mr. Musa Gulusen for the renewal of a Stationary Street Trading Licence for a designated site in Berry Street, near its junction with Royal Avenue. Subsequently, the Committee had refused the application on the discretionary grounds as set out within Section 9 (1) (c) of the Street Trading Act (Northern Ireland) 2001, in that Mr Gulusen was, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a Street Trading Licence.

            He advised that a Notice of Appeal had then been lodged by Mr Gulusen with Belfast Magistrates Court on 23rd January, 2015. The licence therefore remained in force until the determination of the Appeal.  The Members were advised also that, after hearing from both parties on 5th May, 2015, the Court had rejected Mr Gulusen’s Appeal and that this had meant that Mr Gulusen could no longer trade at the site in Berry Street. 

            The Committee noted the information which had been provided.

            The Head of Building Control advised Members that Section 14 of the Street Trading Act (N.I.) 2001 permitted the Council to issue a Temporary Licence where a full-term licence might not be appropriate, for example, for special events such as festivals of fairs.  In recognition of the possibility that applications might need to be processed quickly and, because of the ad-hoc nature for which a Temporary Licence was designed to cater, the legislation permitted the Council a wide degree of discretion.

            The Head of Building Control advised the Committee that two Temporary Street Trading Licence applications had been lodged by Mr Daniel Hennessey of Sense Marketing Limited, who was acting on behalf of The Economist magazine. Mr Hennessey proposed to operate one coffee tricycle measuring 2.4m by 1.2m at Castle Place junction outside Barclays Bank on 28th May 2015, from 7.30am to 3.30pm, and a second coffee tricycle at Great Victoria Street, near the junction with Glengall Street, at the same time. Mr Hennessey proposed to hand out complimentary coffee and information leaflets to members of the public in order to promote The Economist magazine and then attempt to sell a subscription for the magazine to members of the public.  The Head of Building Control advised that Sense Marketing Limited had been informed that they would be required to apply for a permit from Cleansing Services in order to hand out leaflets in these areas, as required under the Distribution of Free Printed Matter (Belfast) Designation Order 2012.

            He advised Members that the PSNI had been consulted and that their response was outstanding, while Belfast City Centre Management had expressed concerns regarding the Castle Place location and its proximity to the Coffee Kiosk.  Mr Russell Bailie, who holds the Stationary Street Trading Licence for the Coffee Kiosk at Castle Place junction, had been formally consulted and had verbally objected to the Temporary Licence application for 28th May but had not submitted a written objection.

            After discussion, the Committee agreed to grant and approve both Temporary Street Trading Licences to Mr Daniel Hennessey, to operate one coffee tricycle measuring 2.4m by 1.2m at Castle Place junction outside Barclays Bank on 28th May 2015, between 7.30am to 3.30pm, and a second coffee tricycle at Great Victoria Street, near the junction with Glengall Street, at the same date and time, despite the fact that they fell outside the Council’s Policy due to the merits, and limited nature, of the applications.