Agenda and minutes

An apology for inability to attend was reported for Councillor McConville.

            The minutes of the meeting of 20th May 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 June, 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 was reminded that, at its meeting on 18th March, it had considered an application from Mr. J. Thompson for the renewal of a Stationary Street Trading Licence to sell hot food from a designated site in Duncrue Crescent.  The Committee had been informed that Mr. Thompson had, as required within the application process, advised he had accrued a number of convictions since his previous Licence had been issued.  Accordingly, the Committee had agreed to defer consideration of the application to afford Mr. Thompson the opportunity to attend a future meeting in order to outline the circumstances surrounding the offences which had led to his convictions. 

            It was reported that Mr. Thompson was in attendance and he was admitted to the meeting and welcomed by the Chairperson.

            Mr. Thompson outlined the nature of the two new convictions which he had received in April, 2013 and which had related to an incident which had occurred during November 2011.  He pointed out that the offences had not been connected to his street trading activities and he had not committed any since that time.

            The Chairperson thanked Mr. Thompson for being in attendance and he retired from the meeting.

            After discussion, it was

Resolved – that the Committee, in its capacity as Licensing Authority, agrees to grant to Mr. J. Thompson a renewal of a Stationary Street Trading Licence in respect of the designated site at Duncrue Crescent.

            The Head of Building Control submitted for the Committee’s consideration the undernoted report:

“1.0     Purpose of Report or Summary of Main Issues

1.1      To consider a request from the Ardoyne Fleadh Project to operate three nights of this year’s Ardoyne Fleadh Event beyond the standard hours of 11:00pm to 12.00am; the dates of which are 7th, 8th and 9th August 2015.

1.2       It is a condition of the Outdoor Entertainments Licence that all requests to operate beyond the permitted hours of entertainment must be considered by the Licensing Committee.

1.3       A copy of their request is attached as Appendix 1.

1.4       A location map is attached as Appendix 2.

2.0       Recommendations

2.1       Taking into account the information presented and representations made in respect of the request you are required to, either:

1.     Agree that the three proposed events on the 7th, 8th and 9th August 2015 should be permitted to take place beyond the standard hours of Licence to 12.00am or;

2.     Refuse to extend any or all of the hours as requested.

3.0       Main report

3.1       Key Issues

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

·        Monday to Sunday 11:30am to 11:00pm

3.2       In addition, the following special conditions are attached to the Licence:

1.     The Licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan to demonstrate evidence of early consultation with local residents and have in place a robust system of dealing with any complaints. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The plan shall be agreed to the satisfaction of the Council and failure to comply with the requirements set down in it shall be considered to be a breach of the licence conditions.

2.     Maximum numbers will be agreed at the discretion of the Building Control Service and will vary depending upon individual concert set up proposals.

3.     The licensee may, three months in advance of a proposed event, apply for additional hours to provide entertainment beyond 11.00pm.  Such applications will be considered by the Licensing Committee and any previous noise issues will be taken into account.

3.3       Members will be aware that the Ardoyne Fleadh is an annual event which regularly takes place over the August Bank Holiday weekend at this location and was considered last year by the Licensing Committee on both 18th June and 20thAugust 2014.

3.4       The Committee considered the matters and granted permission for entertainment to be provided at the event to 12.00am on each of the 3 nights requested at their meeting of 18th June 2014. The Committee then agreed to grant the renewal application at the subsequent meeting of  ...  view the full minutes text for item 6.

            The Committee was reminded that, at its meeting on 18th February, it had agreed, in its capacity as Licensing Authority, that it was minded to refuse the application submitted by Mr. Wilkinson for the renewal of a Stationary Street Trading Licence for Cornmarket, on the discretionary grounds as set out in Section 9(1)(c) of the Street Trading Act (Northern Ireland) 2001, in that he was, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a Street Trading Licence; and as such Mr. Wilkinson would be invited to a future meeting at which he could make representations in relation to the proposed refusal of his renewal application.

            The Committee was advised that Mr. Wilkinson had contacted officers advising that he intended to make representation to the Committee; however, he had indicated the previous day that he would not be able to attend due to personal reasons.

            During discussion, the view was expressed that if the Committee were minded to rescind its decision and approve the application for the renewal of the licence that, due to the number of breaches in the past, it should be renewed for a shorter period to allow the Committee to keep the use of the licence under review to ensure that there were no further breaches.

Moved by Councillor Craig,

Seconded by Councillor R. Brown,

      That the Committee, in its capacity as Licensing Authority, agrees to affirm its decision of 18th February and refuse to renew the Street Trading Licence.

Amendment

Moved by Councillor Campbell,

Seconded by Councillor Magennis,

      That the Committee, in its capacity as Licensing Authority, agrees to rescind its decision of 18th February and accordingly agrees to grant the Street Trading Licence to Mr. V. Wilkinson for a site in Cornmarket for a period of 6 months.

            On a vote by show of hands ten Members voted for the amendment and five against and it was declared carried.

            The amendment was put as the substantive motion and passed.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of Main Issues

1.1       To consider applications for the renewal and variation of a 7-Day Annual Entertainments Licence for Biddy Duffy’s bar based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2       Copies of the application forms are appended to this report as Appendix 1.

1.3       The nature of the variation is to extend the hours during which entertainment may be provided from 1.00am to 2.00am the following morning on Monday to Saturday and from midnight to 2.00am the following morning on Sunday.

1.4       Members are reminded that the normal process for dealing with Entertainments Licence applications which are not the subject of objections is that the Director of Health and Environmental Services will grant the licence as provided for in the Council’s Scheme of Delegation.

1.5       However, in light of the fact that the applicant has also applied for a variation to extend the hours of entertainment past 1.00am the applications are being presented to you for your consideration.

1.6       A location map is appended to this report as Appendix 2.

2.0       Recommendations

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

1.     Approve the application for the renewal of the 7-day Annual licence, or

2.     Approve the application for the renewal with special conditions, or

3.     Refuse the application for the renewal of the 7-day Annual licence.

2.2       Should you be of a mind to approve the application to renew the licence you are then required to determine, subject to all technical requirements being met, either to:

1.     Agree to the variation of the licence and that entertainment be permitted to take place beyond the standard hours of Licence to 2.00am Monday to Sunday or;

2.     Refuse to extend any or all of the hours as requested.

2.3       If the applications are 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.

2.4       Should the Committee decide to refuse the variation application, and the applicant decides to appeal, the licence will continue with its present conditions until the Appeal is determined.

3.0       Main report

3.1       Key Issues

            The areas of the premises licensed to provide entertainment are the:

·        Ground floor public bar with a maximum capacity of 50 persons, and

·        First floor bistro with a maximum capacity of 120 persons.

3.2       The days and hours during which entertainment may currently be provided are:

·        Monday to Saturday: 8:00am to 1.00am the following morning, and

·        Sunday: 12.30pm to midnight

3.3       Entertainment is currently provided in the form of a DJ and live band performances.

3.4       Reasons for the Variation

            The  ...  view the full minutes text for item 7.

            The Committee agreed to defer consideration of an application for the grant of a 7-day Annual Outdoor Entertainments Licence for a smoking area at the front of Villa Night Club to enable clarification to be sought in relation to possible planning matters.

            The Committee was advised that an application had been received for the grant of a 7-day Annual Outdoor Entertainments Licence in respect of the Odyssey Car Park, Queens Quay and Arc Public Realm.

            The Committee was advised that the areas had previously been licensed to provide outdoor entertainment but the licence had since expired.  Under the terms of the Outdoor Entertainments Licence, entertainment would be required to cease at 11.00pm and could only run beyond that time if approved in advance by the Licensing Committee.

            The Head of Building Control confirmed that no written representations had been received in relation to the application and that the Police Service of Northern Ireland had offered no objection.  Should the application be granted, the Police Service, together with the Northern Ireland Fire and Rescue Service and other partner agencies, would be invited to attend pre-event meetings and would work with the Council’s Building Control Service and Environmental Protection Unit and event organisers to ensure that all requirements were met.

            The Committee agreed, in its capacity as Licensing Authority, to grant a 7-day Annual Outdoor Entertainments Licence in respect of the Odyssey Car Park, Queens Quay and Arc Public Realm, with entertainment being permitted to take place until 11.00pm, with the following conditions being attached:

(1)   maximum numbers would be agreed at the discretion of the Building Control Service and would vary depending upon individual event set up proposals;

(2)   prior to any event taking place, the promoters would be required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints, which had been agreed in advance with the Council;

(3)   any request to provide entertainment any later that 11.00pm must be considered by the Licensing Committee, and, therefore must be made at least 3 months in advance of the proposed event; and

(4)   should an application to provide entertainment beyond 11.00pm be granted and the Council then receive a significant number of complaints regarding noise or the complaint was of such significant impact, authority is granted to the Lead Operations Officer (Head of Environmental Health), in consultation with the Town Solicitor, to reduce the finishing time for any subsequent nights of the event, in which case the promoter will be required to make contingency arrangements.

            The Committee was advised that an application had been received for the renewal and variation of a 7-day Annual Entertainments Licence for Lavery’s Bar based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            The Head of Building Control reported that the nature of the variation was to extend the hours during which entertainment might be provided from 1.00am to 2.00am on Saturday morning and from 2.00am to 3.00am on Sunday morning.  The areas licensed to provide entertainment currently were:

·        ground floor bar, with a maximum capacity of 485 persons;

·        first floor lounge, with a maximum capacity of 300 persons;

·        second floor (pool layout), with a maximum capacity of 300 persons or

·        second floor (concert layout), with a maximum capacity of 600 persons;

·        mezzanine, with a maximum capacity of 60 persons; and

·        Woodworkers Bar, with a maximum capacity of 150 persons.

            The days and hours during which the premises were currently licensed to provide entertainment were:

·        Monday to Friday 11.30am to 1.00am the following morning;

·        Saturday 11.30am to 2.00am the following morning;

·        Sunday 12.30pm to midnight.

            The Committee agreed, in its capacity as Licensing Authority, to approve the application for the renewal of the 7-day Annual entertainments Licence and to grant the variation to extend the hours during which entertainment might be provided from 1.00am to 2.00am on Saturday morning and from 2.00am to 3.00am on Sunday morning.

            The Committee considered the undernoted report:

“1.0  Purpose of Report or Summary of main Issues

1.1    An important feature of the licensing provisions in the Street Trading Act (NI) 2001 is the power of a district council to designate specific streets or parts of streets as being suitable for street trading. The Act also allows a council to vary a previous designating resolution in relation to the commodities or services to be supplied in specific streets.

1.2    If a street or commodity to be offered has not been designated under the Act the Council cannot issue a licence for street trading from a stationary position in that street.

1.3    The process of considering and reviewing the designation of streets is therefore an essential part of the legal framework within which the Council is enabled to regulate street trading in the City.

1.4    Designation applications or expressions of interest have been received for the creation of new designated sites in streets at various locations throughout the City as listed below.

2.0    Recommendations

2.1    The Committee is required to consider the applications that have been received for the creation of new designated sites and, subject to any amendments you may have, permission is sought to allow the publication of the statutory 28-day notice of the proposed resolution and to commence consultation with statutory bodies and other persons who may have an interest in the proposals.

2.2    A further report will be brought to Committee, at a later date, detailing the outcome of the process of consultation. At that stage Members will be able to decide on the designation of the streets along with any restriction on the commodity to be sold and any recommendations about the restriction on the times of trading.

3.0    Main report

3.1   Key Issues

         The Act sets down the procedures which must be followed in considering a designating resolution, including the types of trading which may or may not take place in that street. The main steps the Council must undertake may be summarised as follows:

a)     Give public notice of the proposed resolution;

b)     Consult with the Police and the Department of Regional Development and other persons it considers appropriate;

c)     Consider any representations relating to the proposed resolution which it has received;

d)     After the Council has considered those representations it may, if it thinks fit, pass the designating resolution;

e)     Publish notice of the outcome for 2 consecutive weeks in 2 or more newspapers, giving not less than 28 days between the date of the publication and the date set out by the Council when the resolution will come into effect.

3.2  ...  view the full minutes text for item 11.

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

            The Committee was advised that the Institute of Licensing was the professional body for licensing practitioners in local government, the police, private sector and the legal profession.  The Institute was established to provide education and training to disseminate knowledge in all matters relating to licensing.  The Institute operated throughout England, Wales, Northern Ireland and Scotland.

            The Head of Building Control reported that, this year, the Institute would hold its National Training Event at the Holiday Inn Hotel, Birmingham from Wednesday 18th to Friday 20th November, 2015.  The training event would include topics such as:

·        Licensing developments in Northern Ireland,

·        Licensing Policy,

·        Public Health in Licensing,

·        Street Trading,

·        Outdoor events and

·        Case Law updates

            The Committee was reminded further that Belfast was a Corporate member affiliated to the Northern Ireland region of the Institute and Mr. James Cunningham, Regulatory Services Manager with the Building Control Service, was the Chair of the Institute of Licensing (Northern Ireland Branch) and a Director and Trustee of the Institute.  The Committee might wish to consider funding the travel to the conference of Mr. Cunningham in recognition of his work in maintaining his position of Chairman.  His residential fee for the event would be paid for by the Institute of Licensing.

            The Committee authorised the attendance at the Institute of Licensing National Training Event of the Chairperson, the Deputy Chairperson, the Director of Planning and Place and the Head of Building Control (or their nominees) and approved the funding of the travel fees to the conference of Mr. James Cunningham.

            The Committee considered the undernoted report:

“1.0     Purpose of Report

1.1       To inform the Committee of the licensed premises which were previously within the Lisburn and Castlereagh areas and which are now within the new Belfast boundary.

1.2       To consider proposals to rationalise the certification required for an Entertainments Licence application so that the pre-requisites for all licensees of the former Belfast, Lisburn and Castlereagh Councils are aligned.

2.0       Recommendations

2.1       For Committee to note the information provided regarding the premises which transferred from the former Lisburn and Castlereagh Councils into the new Belfast City Council.

2.2       The Committee is also requested to consider and adopt the recommendations being proposed in respect of the revision to the certificates which are a pre-requisite to an Entertainments Licence application.

3.0      Main report

3.1      Key Issues

            Members will recall that, at your previous meeting of 20th May 2015, you agreed to adopt the City Centre boundary area proposedfor the purposes of determining the premises required to advertise an application for an Entertainments Licence in one of the four main newspapers.

3.2       Arising from your discussions the Committee also requested a report to be presented at a future meeting detailing the licensed premises which were previously within the Lisburn or Castlereagh areas and which are now within the new Belfast boundary.

3.3       As a result of Local Government reform, a total of 56 licences transferred across into the new Belfast area. A summary of the various licence types which transferred, is as follows:

Lisburn

·        2 Hotels

·        5 Bars

·        2 Clubs

·        1 Amusement Arcade

·        1 Church

·        5 Petrol Stations

·        1 Outdoor space

·        5 Street Traders

·        1 Transferable Asset (activity centre)

Castlereagh

·        2 Hotels

·        3 Bars

·        3 Clubs

·        6 Churches

·        5 Petrol Stations

·        1 Outdoor space

·        6 Street Traders

·        7 Transferable Assets (activity/community centres)

3.4       This brings the total number of licences in Belfast to 588, which includes entertainment venues, amusement arcades, petrol stations, cinemas and street trading. However, this excludes temporary street trading licences, which fluctuate from year to year. It also excludes the number of events we deal which is on average 63 per year.

3.5       A number of other commercial premises which transferred into the new Belfast City Council area have been identified and we are engaging with the owners of these premises to ascertain if they are required to apply for an Entertainments Licence.

3.6       A list of the premises which transferred from Lisburn and Castlereagh is attached as Appendix 1.

3.7       A map indicating the location of these premises is also attached as Appendix 2.

3.8       Certification Pre-requisites for Entertainments Licence Applications

            Along with every application for an indoor Entertainments Licence a variety of certificates and proofs are required to complete the process. The recent decision Members took, arising from the Reform of Local Government, to review the advertising requirements for an Entertainments Licence provides an opportunity to rationalise the certification we require and to look to ensure consistency for all applicants, new and existing. Given the drive from  ...  view the full minutes text for item 15.