Agenda and minutes

            Apologies were reported on behalf of the Deputy Lord Mayor (Alderman Spence) and Councillor Clarke.

            The minutes of the meeting of 21st October were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 2nd November, 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 16th September, it had agreed that Superintendent N. Goddard be invited to attend a future meeting in order to discuss a number of concerns arising from a policy which had, on 1st April, been implemented by the Police Service of Northern Ireland which permitted it to charge for special police services.

            Superintendent Goddard informed the Committee that the policy, which would apply across Northern Ireland, had been formulated in response to a review which had been commissioned by the Chief Constable around the consistent and equitable application of charges for the provision of special police services for events and was in line with the existing Association of Chief Police Officers’ Guidelines. The policy set out a number of categories of events for which charges would be applied, together with a matrix to assist organisers in assessing the potential cost, if any, associated with the policing of their events. It provided also a process for assisting the Police Service and event organisers in resolving disputes around policing costs and made provision for the abatement of charges.

            In response to a number of questions from the Members, Superintendent Goddard confirmed that:

·        the policy applied primarily to large-scale private commercial events where either an organiser had requested policing or, in the opinion of the Police Service, policing was required due to public safety concerns.  The Assistant Chief Constable would act as an arbiter in any dispute arising from the application of the policy.

·        events, including those facilitated by the Council, such as the Christmas lights switch-on, which took place within the public realm, were part of the Service’s normal policing responsibilities, therefore, no costs would be attributable to the organisers;

·        the Police Service could lodge with the relevant council an objection to the grant of an Entertainments Licence or request its suspension if it was of the view that an event would, without an appropriate level of policing, pose a safety threat for those attending. It was his understanding that, should a council either refuse or suspend a Licence on the basis of evidence provided by the Police Service, it would be liable for damages and costs arising from any legal action taken by the organiser against that decision. However, in such circumstances, discussions would take place between that council and the Police Service around the proportion of liability;   

·        the majority of sporting events, including local and international soccer matches, were regarded as being non-contentious and, since there was no requirement for policing within a ground, no costs would be incurred by the club or governing body.  However, those fixtures which, by prior agreement, were regarded as having the potential to create public order issues and which necessitated policing within the stadium would, under the policy, incur a charge; and

·        the policy was being reviewed currently in light of issues which had been raised by, for example, the Council around the dispute resolution element.

            Superintendent Goddard thanked the Committee for receiving him and he  ...  view the full minutes text for item 5.

            The Committee considered the undernoted report:

“1.0       Summary of Main Issues

1.1      The Committee will recall that, at its meeting on 16th September, it considered an application from Mr. Brian McGeown of Aether and Echo, Lower Garfield Street,  for the grant of a Temporary Street Trading Licence to enable him to apply to the Petty Sessions Court for an Occasional Liquor Licence. The licence facilitated the operation of a bar facility outside the premises for an outdoor musical event, on land owned by the Department of Regional Development (‘DRD’)  and thus regarded as being public land.

1.2       DRD had given its consent, under Article 72 of the Roads (Northern Ireland) Order 1993, for the use of the land by Aether and Echo.  This consent was given to accommodate the erection of scaffolding, hoardings, etc on a road which allowed the applicant possession of a portion of that road for a short period of time to provide an outdoor musical event.

1.3       At the September meeting, the Committee requested 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.

2.0       Recommendation

2.1       The Committee is requested to consider the report and agree that:

·        with effect from 1st January 2016, where an outdoor musical event is proposed on land in respect of which the DRD has, pursuant to Article 72 of the Roads (Northern Ireland) Order 1993, issued a Consent, the organiser must apply for an Outdoor Entertainments Licence.

3.0       Main report

            Key Issues

3.1       Consent to erect scaffolding, hoardings etc on a road is granted by virtue of Article 72 of The Roads (Northern Ireland) Order 1993.

3.2       When making application for consent, the applicant is required to provide the following information to undertake the above operations on a public road:

·        a description of the works

·        the location of the works

·        the name and permanent address of the applicant

·        a drawing showing the nature of the work (where appropriate), and

·        details of the appropriate planning approval including drawings if relevant.

3.3       The applicant shall also undertake to do the following:

·        indemnify the Department against any claims in respect of injury, loss or damage arising from the works.

·        make such monetary deposit as the Department shall assess against the proper undertaking and satisfactory completion of the works. An estimate of the deposit likely to be required can be obtained by applying the rates contained on the attached leaflet.

·        a Consent and a receipt for the deposit will be issued by the Section Office together with a Permanent Restoration Notice. Where necessary, a specification showing the standard for the work will be included.

·        the deposit is returned to the applicant when the Restoration Notice has been received by the Department and no damage has been done to the road or if this damage is covered under an Article 78 consent.

-       if the road has been damaged the deposit will be withheld until the damage  ...  view the full minutes text for item 5a

            The Divisional Solicitor reminded the Committee that it had delegated authority for determining applications for Amusement Permits, Entertainments Licences, sex establishments and street trading and for commenting on those relating to Liquor Licences and the registration of clubs. It was responsible also for the consideration of all policies and legislation governing licensing issues. 

            She explained that the Planning Committee, which fulfilled a similar function to the Licensing Committee, had received from a member of the legal profession tailored training around specific topics, which it had found it to be beneficial in terms of discharging its responsibilities. She pointed out that the Chairperson of the Licensing Committee had recently invited Members to identify any topics which they would wish to be incorporated into a similar training programme, which would again be delivered by members of the legal profession, in conjunction with the Legal Services Section.

            During discussion, it was suggested that the programme should include training around the Judicial Review process, the various licensing policies and protocols, the Nolan Principles governing standards in public life, ownership of premises and the role of the Licensing Committee in relation to the broader licensing regime in Northern Ireland.

            The Committee noted that a report would be submitted to a future meeting providing details on a proposed training programme based around those topics and any others which Members might identify in the meantime.

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

Ardoyne Working Men’s Club, 9b Kerrera Street

The Cuckoo, 149 Lisburn Road

            The Head of Building Control reminded the Committee that, under the terms of the Local Government Miscellaneous Provisions (Northern Ireland) Order 1985, it was required, when considering any application for the grant, renewal or transfer of an Entertainments Licence, to have regard to any convictions of the applicant relating to an offence under the Order which had occurred within a five-year period immediately preceding the date on which the application had been made.

            He drew the Members’ attention to applications which had been received for the grant and for the renewal of Seven-day Annual Indoor Entertainments Licences in respect of the Ardoyne Working Men’s Club and The Cuckoo respectively. He confirmed that a representative of the Ardoyne Working Men’s Club had, on 28th July, been convicted at the Belfast Magistrates Court of providing entertainment prior to having obtained an Entertainments Licence and been fined £200 and ordered to pay £66 in costs.

            In terms of The Cuckoo, he explained that the licensee had, on 26th March, 2013, been fined £400 and instructed to pay costs of £69 as a result of an inspection of the venue by officers of the Building Control Service whilst entertainment had been taking place. That had revealed that one of the exits had been blocked and that the log book, which was used to record the necessary safety checks,had not been completed. The Committee, at its meetings on 18th September, 2013 and 15th April, 2015, having been informed of the conviction, had agreed to renew the Entertainments Licence.

            The Head of Building Control explained that, following those offences, officers had met with the person responsible for each premises in order to review their management procedures and were now satisfied that they were being operated in accordance with the Entertainments Licensing legislation. He added that no written representations had been received in relation to the applications and the Police Service of Northern Ireland had offered no objection.

            The Committee agreed, in its capacity as Licensing Authority, to:

                         (i)          grant a Seven-day Annual Indoor Entertainments Licence in respect of the Ardoyne Working Men’s Club, 9b Kerrera Street; and

                        (ii)          renew a Seven-day Annual Indoor Entertainments Licence in respect of The Cuckoo, 149 Lisburn Road.

            The Committee was advised that an application had been received for the grant of a Seven-day Annual Indoor Entertainments Licence in respect of Beckett’s Bar, based upon the Council’s standard condition to provide music, singing, dancing or any other entertainment of a like kind. The Head of Building Control reported that, whilst no public representation had been received in relation to the application, the Northern Ireland Fire and Rescue Service, one of the statutory consultees, had submitted an objection, on the basis of fire safety concerns which had been identified in December, 2014 by the former Lisburn City Council and in July and October, 2015 by the Council and which were deemed to pose a serious risk to public safety.  The Council’s Legal Services Section was currently giving consideration to initiating legal proceedings against the applicant.

            He reported further that, on 10th November, the Northern Ireland Fire and Rescue Service had undertaken an inspection of Beckett’s Bar which had confirmed that the licensee was not complying fully with the Fire and Rescue Services (Northern Ireland) Order 2006. The Service had, subsequently, issued a Notification of Deficiencies requiring the licensee to undertake urgent action to ensure that fire safety issues were managed effectively and kept under constant review and had advised the Council that, since the contraventions detected did not provide sufficient grounds upon which to sustain its objection to the application, it wished to withdraw that objection.

            After discussion, the Committee agreed, in view of the concerns which had been raised by the Head of Building Control around public safety and by the Divisional Solicitor in terms of the management of other premises operated by the applicant’s family, to consider the application at its next monthly meeting and that the Northern Ireland Fire and Rescue Service and the applicant be invited to attend. 

            The Head of Building Control reminded the Committee that, at its meeting on 16th September, it had considered two separate applications for the grant of a Stationary Street Trading Licence for a vacant designated site in Boucher Crescent.  The Committee had agreed that it was minded to grant the Licence to Mr. C. Hamill, who had availed of the opportunity to address the meeting, thereby permitting him to sell hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00 a.m. and 4.00 p.m., at the site in Boucher Crescent which had been designated previously for the sale of those commodities. That decision had been taken on the basis that Mr. Hamill’s business was registered currently by the Council and held a 5* food hygiene rating and that it could continue to operate only through the acquisition of an alternative site, subject to:

(i)   the applicant providing all necessary documentation; and

(ii)  the receipt of the appropriate licensing fees.

            As a consequence of that decision, the Committee had agreed that it was minded to refuse the application which had been submitted by the other applicant, namely, Ms. K. Finn, on the grounds set out in Sections 9(1)(a)(i) and (iv) of the Street Trading Act (Northern Ireland) 2001, that the location at which she wished to operate was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which she wished to trade.

            The Head of Building Control reported that Ms. Finn had been advised that, as required under Section 12(2)(b) of the Street Trading Act (Northern Ireland) 2001, she would be permitted to make written representation to the Council within twenty-one days of being notified of the Committee’s decision.  However, no representation had been received from her during that time.

            Accordingly, the Committee agreed, in its capacity as Licensing Authority, to affirm its decision of 16th September to grant the Stationary Street Trading Licence to Mr. C. Hamill, subject to his compliance with the conditions relating to the provision of the required documentation and the payment of the Licence fee, and agreed also to refuse the application which had been submitted by Ms. Finn.

            The Committee was reminded that, at its meeting on 19th February, 2014, it had considered an application from Mr. K. McShane to vary his Mobile Street Trading Licence to include the Falls area of the City. The Head of Building Control explained that the application had given rise to objections from a number of other vendors who had stated that there were sufficient traders within that area offering the goods which Mr. McShane was proposing to sell. However, on the basis of work which had been undertaken by Council officers to address both that assertion and the submission from the applicant’s legal representative, the Committee had agreed to grant the variation and to review the arrangement upon the expiry of the Licence in November, 2015.

            The Head of Building Control reported that Mr. McShane had now submitted an application for the renewal of his Mobile Street Trading Licence and had stated that he no longer wished to trade on a Sunday. He pointed out that, since the variation had been granted, the applicant had not contravened the Street Trading legislation and that Council officers had received no comments from either the original objectors or local residents regarding the impact of his trade within the Falls or adjoining areas.

            Accordingly, the Committee agreed, in its capacity as Licensing Authority, to renew the Mobile Street Trading Licence held by Mr. K. McShane, permitting him to sell confectionery, ice cream and non-alcoholic beverages from Monday to Saturday between the hours of 2.00 p.m. and 10.30 p.m. in the Andersonstown, Falls, Finaghy, Ladybrook, Suffolk and Turf Lodge areas of the City.