Agenda and minutes

            The minutes of the meeting of 19th August 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 September, 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 17th June, it had authorised the attendance of the Chairperson, the Deputy Chairperson, the Director of Planning and Place and the Head of Building Control (or their nominees) at the Institute of Licensing National Training Event which was being held in Birmingham from 18th to 20th November.

            The Head of Building Control explained that the event would coincide with the monthly meeting of the Licensing Committee which was scheduled to take place on 18th November and he suggested that, under the circumstances, it might be beneficial to reschedule that meeting.

Accordingly, the Committee agreed that the meeting be moved to Thursday, 12th November and that it commence at 5.30 p.m.

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of Main Issues

1.1       Members will recall, from your meeting on 20th May, that the PSNI has implemented a new policy, with effective from 1st April 2015, which enables it to charge for what are referred to legally as ‘special policing services’ and are primarily requests to provide police at events on private land.

1.2       At that meeting, Members expressed concerns at the proposal particularly given that, as part of the process, the PSNI may engage the Licensing Committee in making representations in relation to individuals Entertainments Licences and the potential impact it could have on a number of Council Departments which organise events.  It was agreed that Council Officers would write to and meet with the PSNI to discuss these concerns.  The purpose of this report is to inform Members that Council officers met with Superintendent Nigel Goddard on 2nd September and to update them on the outcomes of that meeting.

2.0       Recommendation

2.1       The Committee is requested to consider the feedback received from Superintendent Goddard and agree:

·        that this adequately addresses previous concerns of Members, or

·        that Superintendent Goddard be invited to attend a future meeting of the Committee to discuss the policy and clarify any points that may still be of concern.

3.0       Main report

            Key Issues

3.1       The legal basis for the charging policy is set out in Section 11 of the Police (Northern Ireland) Act 2000 which states that the Chief Constable may, at the request of any person, provide special police services subject to the payment to the Board of such charges, or charges on such scales, as may be determined by the Board. 

3.2       The policy, at Section 4, sets out five categories of events to which it may apply:

(a)          Commercial events and/or enterprises;

(b)          Non-commercial events and/or enterprises;

(c)          Sporting events (both commercial and non-commercial);

(d)          Northern Ireland Executive sponsored events/ enterprises;

(e)          Statutory events reflecting constitutional rights or processes.

3.3       The level of recoupment for each category of event is also set out in the policy.

3.4       Through our discussions, Superintendent Goddard has advised that:

·          As a result of a number of media enquiries about the cost of policing at events, the Chief Constable asked that a policy be developed to ensure there is a consistent approach to cost recovery by police across N. Ireland;

·          The PSNI has implemented the policy to facilitate a transparent, open and visible approach to charging for both providers and receivers of special police services;

·          Whilst there was previously no charging policy in place, the PSNI has been working to the ACPO guide on charging for police services since it was introduced in 1985 and this policy codifies that approach;

·          Consultation on the formulation of the policy took place across the PSNI and with the Policing Board;

·          The policy was screened out after an equality impact assessment by the PSNI;

·          Current case law (Leeds Utd. F.C. v West Yorkshire Police) has established  ...  view the full minutes text for item 5.

            The Committee considered the undernoted report:

“1.0     Purpose of Report/Summary of Main Issues

1.1      The purpose of this report is to provide the Committee with a draft response for consideration to working draft guidelines which have been produced by the Department for Social Development (DSD).

1.2       The guidelines are in relation to the implementation of the Licensing of Pavement Cafes Act (NI) 2014 (the Act).

1.3       The DSD has prepared these guidelines to assist district councils with the implementation of the statutory licensing scheme contained in the Act. The Department propose to bring this Act fully into operation on the 1st April, 2016.

2.0       Recommendation

2.1       The Committee is requested to consider the attached response and agree it, subject to any amendments arising from your discussion.

3.0       Main report

            Key Issues

3.1       Members will recall that the Licensing Committee, at its meeting on 21st August 2013, approved a response in relation to a consultation on the Licensing of Pavement Cafes Bill.

3.2       Subsequently, the Licensing of Pavement Cafés Act (Northern Ireland) 2014 concluded its legislative passage and received Royal Assent on 12 May 2014.

3.3       The Department informed councils, by way of letter on the 3rd July 2015, that it is currently drafting regulations and guidelines for councils on the implementation of the Act. When fully implemented, the legislation will introduce a statutory licensing scheme for the regulation of pavement cafés by district councils in Northern Ireland.

3.4       The DSD has sought comments from district councils on these working draft guidelines and the draft council response to these guidelines is attached. The draft response confirms that although the Council welcome the legislation concern remains that the implementation date suggested by DSD is not workable.

3.5       Currently, it is estimated that upwards of 300 pavements cafes are operating across Belfast. Therefore, the introduction of a new licensing scheme will place sizeable administrative and resourcing implications on the Council. Councils will be required to set fee levels, establish a suitable inspection regime, raise awareness across the business industry and ensure that processes for managing the scheme are established and embedded within existing regulatory services.  It is suggested in the draft response that is highly unlikely that these measures can be achieved by the proposed date of 1st April 2016.

3.6       Another matter of concern is that the working draft guidelines produced by the DSD were drafted without proper engagement with councils or indeed many other concerned bodies.  Although DSD refer to ‘informal’ feedback from council licensing officers, given that these Departmental guidelines will be integral to the successful implementation of this Act, it is suggested that formal meaningful engagement with district councils and others as noted in our response was and is required.

3.7       The draft response continues to highlight the need for this legislation and associated Departmental guidance to be supported by a set of Model Terms and Conditions. Model Terms and Conditions have underpinned the technical aspects of the entertainments licensing regime for the last 30 years. It is the  ...  view the full minutes text for item 6.

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

           The Committee was advised that competing applications had been received from two persons wishing to trade from a designated site in Boucher Crescent, which had become vacant following the cancellation of his Street Trading Licence by the current licensee.  The Head of Building Control reviewed the applications, one of which had been submitted by Ms. K. Finn, who had applied to sell, from a hot food trailer measuring 5.5 metres by 2.15 metres, hot food and non-alcoholic beverages from Monday to Saturday between the hours of 9.00 a.m. and 6.00 p.m. He explained that, whilst the applicant was not registered currently as a food business and had not obtained accreditation under the Food Hygiene Rating Scheme, she had, in the past, held Temporary Street Trading Licences which had permitted her to trade at parades taking place on 12th July. On those occasions, her business had been inspected and approved by the Council’s Environmental Health Service.

           The second applicant, namely, Mr. C. Hamill, was seeking to sell, from a hot food trailer measuring 6 metres by 2.2 metres, hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00 a.m. and 4.00 p.m. Mr. Hamill operated currently within the car park of the B&Q premises on the Boucher Road, however, he had been informed by the operator that that premises was due to close and that he would no longer be permitted to trade there. The Head of Building Control pointed out that Mr. Hamill’s business was registered currently by the Council and that it had been given a 5* food hygiene rating.  He confirmed that the applicants had been invited to outline to the Committee their proposals for the site and Mr. Hamill, who had availed of the opportunity, was welcomed by the Chairperson.

           Mr. Hamill informed the Members that he had been trading for six years in the car park of the B&Q premises on the Boucher Road. However, as that business would cease trading early in 2016, he was required to find an alternative site, which had necessitated the submission of his application to the Council. He pointed out that his business was registered currently by the Council and that it had attained a 5* food hygiene rating and stressed that the vacant designated site on the Boucher Road would offer a suitable alternative to his current site and secure his means of income.  

           After discussion, it was

Moved by Councillor Attwood,

Seconded by Councillor Campbell and

      Resolved – That the Committee agrees, in its capacity as Licensing Authority, that it is minded to grant to Mr. C. Hamill a Stationary Street Trading Licence permitting him to sell, from a hot food trailer measuring 6 metres by 2.2 metres, hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00 a.m. and 4.00 p.m., at a site which has been designated previously for the sale of those commodities, on the basis that his business was registered currently by  ...  view the full minutes text for item 7.

            The Head of Building Control informed the Members that Section 14 of the Street Trading Act (Northern Ireland) 2001 permitted the Council to issue a Temporary Street Trading Licence for special events, such as fairs and festivals, where a full-term Licence might not be appropriate and to attach to it any conditions which it might deem necessary.  Such a Licence could not, however, be granted for a period exceeding seven days and no more than five could be granted to a person in any year.

            He reminded the Committee that, at its meeting on 21st January, it had granted to Mr. B. McGeown, the licensee of Aether and Echo, 1-3 Lower Garfield Street, a Temporary Street Trading Licence permitting him to sell food, alcohol and non-alcoholic beverages outside his premises on two evenings in the following month, as part of the ‘Guinness Amplify’ series of events.  He confirmed that a further application had now been received from Mr. McGeown seeking approval to sell between the hours of 6 p.m. and 11 p.m. on Friday, 18th and Saturday 19th September alcoholic and non-alcoholic beverages from outside his premises, as part of a music event which he was organising, the first night of which would coincide with Culture Night, which would be centred upon the Cathedral Quarter. In order to enable the licensee to apply to the Petty Sessions Court for an Occasional Liquor Licence, he required from the Council a Temporary Street Trading Licence.

            The Head of Building Control explained that the event would necessitate the erection of a stage outside the premises, which would face into Lower Garfield Street in order to avoid creating a distraction for drivers in nearby Lower North Street.  The applicant would be seeking Transport NI’s consent to place the stage and crowd barriers on Lower Garfield Street and had confirmed that pedestrian access between that street and others nearby would be maintained at all times.  It was pointed out that Belfast City Centre Management, the Police Service of Northern Ireland and Transport NI, which had been consulted as part of the application process, had offered no objections and that officers of the Building Control Service would be working closely with the applicant to ensure that the two events would not impact adversely upon the venue’s Indoor Entertainments Licence.

            After discussion, the Committee agreed, in its capacity as Licensing Authority, to grant to Mr. B. McGeown a Temporary Street Trading Licence permitting him to sell on Friday, 18th and Saturday, 19th September, between the hours of 6.00 p.m. and 11.00 p.m., alcoholic and non-alcoholic beverages outside Aether and Echo, 1-3 Lower Garfield Street. 

The Committee agreed also that a report be submitted to a future meeting outlining the criteria for determining if an Entertainments Licence was required for an event taking place on public land.

            The Committee was informed that an application had been received from Mr. G. Grimley seeking the renewal of a Stationary Street Trading Licence for a designated site in Donegall Quay. The Head of Building Control reported that Mr. Grimley had, since 2013, been licensed to sell beverages, boat tour tickets, confectionery, hats, key rings, souvenirs and t-shirts at that location and that he had operated in accordance with the Street Trading legislation.

            He explained that the applicant had applied to extend the list of commodities for sale to include Wee Tram tour tickets, which offered purchasers an opportunity to explore the various visitor attractions within the Titanic Quarter. He reminded the Committee that, at its meeting on 15th March, it had agreed to defer consideration of an application to vary another Street Trading Licence to sell bus tour tickets, pending the outcome of an ongoing review which had been commissioned by the Development Department into sightseeing coach provision in the City. He pointed out that, should the Committee be minded to accede to Mr. Grimley’s request to include the sale of Wee Tram tour tickets on his licence, it could give rise to similar applications for other street trading sites.

                  After discussion, the Committee agreed, in its capacity as Licensing Authority, to renew a Street Trading Licence held by Mr. G. Grimley, permitting him to sell beverages, boat tour tickets, confectionery, hats, key rings, souvenirs and t-shirts at a designated site in Donegall Quay. The Committee agreed also to defer consideration of his application to sell Wee Tram tour tickets until the review into sightseeing coach provision in the City had been concluded.

            The Committee was advised that an application had been received for the grant of a Seven-day Annual Outdoor Entertainments Licence for the above-mentioned venue, based upon the Council’s standard conditions to provide outdoor musical entertainment.

            The Head of Building Control reported that the licensee, who currently held an Indoor Entertainments Licence for four areas within the venue, was seeking approval to provide entertainment within the outdoor smoking area, which was located on the fifth floor and referred to as The Perch. It was proposed that the area, which was covered by a Liquor Licence, would hold up to a maximum of 220 patrons, with entertainment being offered from Monday to Saturday between the hours of 12.00 pm. and 1.00 a.m. and on a Sunday between 12.30 p.m. and 1.00 a.m. No written representations had been received in relation to the application and the Police Service of Northern Ireland had offered no objection.  

            He pointed out that the premises had, during the past year, been visited on two occasions by officers of the Building Control Service whilst entertainment was being provided and that it had been found on both occasions to be operating in accordance with the Entertainments Licensing legislation. However, the licensee was working with the Council’s Tobacco Control Officer to implement measures arising from a detected breach of the Smoking (Northern Ireland) Order 2006.  He added that the Council’s Environmental Protection Unit had confirmed that, during the past twelve months, it had received no complaints in relation to noise disturbance from the premises and that it was working closely with the licensee to address any technical issues which might arise as a result of his successful application to have the condition on the planning approval for the smoking area amended to permit entertainment to take place.

            The Committee agreed, in its capacity as Licensing Authority, to approve the application for the grant of a Seven-day Annual Outdoor Entertainments Licence for The Perch, 43 Franklin Street, with entertainment being permitted to take place from Monday to Saturday between the hours of 12.00 pm. and 1.00 a.m. and on a Sunday from 12.30 p.m. to 1.00 a.m., subject to any necessary measures relating to the control of noise being implemented to the satisfaction of Council officers.

            The Committee was advised that an application had been received for the renewal of a Seven-day Annual Entertainments Licence in respect of the above?mentioned premises, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind. The Head of Building Control explained that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, in considering an application for the grant, renewal or transfer of an Entertainments Licence, must have regard to any convictions of the applicant relating to the Order which had occurred within the five-year period immediately preceding the date on which the application had been made.

            He reported that the applicant had, on 4th September 2012, been convicted at the Belfast Magistrates Court of an offence under the aforementioned Order.  That had related to an inspection of the premises by officers of the Building Control Service whilst entertainment had been taking place which had found that an emergency exit door had been locked, a means of escape had been blocked and the premises’ log book had not been maintained. As a result, a fine of £270 and costs of £60 had been imposed.  He provided details around a further issue relating to the operation of a shutter door which had been detected since that prosecution and confirmed that that had been resolved. Subsequent inspections had revealed that the premises were being operated in accordance with the conditions of the Entertainments Licence. No written representations had been received and the Police Service of Northern Ireland had offered no objection. 

            Accordingly, the Committee agreed, in its capacity as Licensing Authority, to grant a renewal of a Seven-day Annual Entertainments Licence in respect of Voodoo, 9-11 Fountain Street.

            The Head of Building Control informed the Committee that Writers’ Square was owned by the Department for Social Development and that it had been licensed previously by the Council to provide both indoor and outdoor entertainment. He reported that that Department had, earlier in the year, informed the Building Control Service that, due to budgetary cuts, it would not be renewing those Licences and that anyone wishing to use the area for an event would be required to submit an application in their own right.

            He explained that an application had been received on behalf of the Cathedral Quarter Trust seeking to provide entertainment, in the form of live stage performances, in the Square until 11.00 p.m. on the night of Friday, 18th September, as part of the Culture night festival, which would be taking place within the Cathedral Quarter. Should the Committee be minded to grant the application, officers of the Building Control Service would engage with organisers and other relevant parties to ensure that all documentation and safety and technical requirements, including a Noise Management Plan, were met in advance of each event taking place. No written representations had been received in relation to the application and the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland, both of which would be invited to a final pre-event meeting, had offered no objection.

            The Committee agreed, in its capacity as Licensing Authority, to grant to the Cathedral Quarter Trust a Fourteen-day Occasional Outdoor Entertainments Licence in respect of Writers’ Square, permitting entertainment to take place until 11.00 p.m.

            The Committee was advised that applications had been received from Mr. Liam Lynch, on behalf of No Limat Limited and Square Pit Limited, in relation to the T13 Complex, Queen’s Road and land under the M3 Motorway, Donegall Quay, respectively.  The Head of Building Control reported that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, in considering an application for the grant, renewal or transfer of an Entertainments Licence, must have regard to any convictions of the applicant relating to the Order which had occurred within the five-year period immediately preceding the date on which the application had been made.

            He reported that Mr. Liam Lynch, a Director of both companies, had, on 7th May 2013, been convicted at the Belfast Magistrates Court of an offence under the aforementioned Order. That offence had related to a breach of the Entertainments Licensing conditions, in that he had not provided the Council with one month’s notice of his intention to provide within the T13 Complex entertainment for children or sought its agreement on the maximum number of patrons to be admitted to the event. In addition, he had failed to provide an Event Management Plan and to make the premises’ log book available for inspection. As a result, Mr. Lynch had been given a twelve-month conditional discharge, been fined £200 and requested to pay costs totalling £109. Following the conviction, officers of the Building Control Service had met with Mr. Lynch to review all of his procedures and had been satisfied that the T13 Complex was being operated in accordance with the entertainments licensing legislation. That had led the Committee, at its meeting on 22nd January, 2014, to renew both the Indoor and Outdoor Entertainments Licences for the venue.

            The Head of Building Control reported further that, subsequent to that renewal, the Council’s Legal Services Section had been requested to initiate legal proceedings in respect of two further offences relating to the T13 Complex which had been detected in 2014. The first of those concerned the failure by No Limat Limited to submit to the Council within the required twenty-eight day timescale an appropriate Event Management Plan for an event which had taken place on 21st June. The second offence had concerned entertainment being provided on 6th September beyond the time permitted on the Indoor Entertainments Licence.

            He pointed out that the applicant had, subsequently, provided an explanation for each offence and had met with officers of the Building Control Service and the Environmental Protection Unit, who were now satisfied that appropriate measures had been put in place to prevent a recurrence. In view of that, Mr. Lynch had requested that the Council approve the applications which had been submitted for the two locations.

            In terms of the application relating to the T13 Complex, the Head of Building Control stated that the premises were licensed currently to provide entertainment from Monday to Sunday from 9.00 a.m. till 1.00 a.m., whilst outdoor entertainment was permitted from  ...  view the full minutes text for item 12.