Agenda and minutes

Apologies were reported on behalf of Councillors Hutchinson and Mullan.

            The minutes of the meeting of 20th January 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 February, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Carroll declared an interest in respect of item 2 (d) in so far as he was a member of the Casement Social Club and took no part in the discussion or the vote.

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

            The Committee was advised that applications had been received for the renewal of Seven-day Annual Indoor Entertainments Licences 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 Building Control Manager reported that a number of written representations had been received in respect of each application.  He confirmed that all of those relating to the Rock Bar had been received outside the twenty-eight day statutory period, whilst two of the four objections for El Divino had been submitted outside that timeframe.  He outlined the nature of the objections and confirmed that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, when considering an application, must have regard to any representation which had been received within the twenty-eight day statutory period.  However, where objections had been lodged outside that period, the Committee could exercise its discretion and agree to receive the objectors, although it did not have a duty to do so.

            The Committee agreed, in view of the relevance of the objections, to exercise its discretion and to consider all of the objections for each application at a future meeting, to which the objectors and the applicants would be invited.

            The Committee was advised that an application had been received for the grant of a Seven-day Annual Indoor Entertainments Licence in respect of the Casement Social Club, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            The Building Control Manager reported that the club’s Entertainments Licence had expired in October, 2008 and that the applicant was seeking to renew it in order to provide entertainment in the games room, lounge and members’ bar, which had a combined occupancy of approximately 200 persons.  Since it was a registered club, it could provide entertainment from Monday to Saturday till 11.00 p.m. and on a Sunday till 10.00 p.m. and obtain approval from the Police Service of Northern Ireland to sell alcohol beyond the permitted hours on up to 85 occasions in any twelve month period.

            He explained that the Building Control Service had, on a number of occasions, been made aware that entertainment was being held within the premises without a valid Licence and had advised the applicant of the application process and of the possibility of facing legal proceedings for further non-compliance.  However, during a subsequent inspection on 4th August, 2015, officers had found that entertainment was taking place and that the front door had been locked.  That had resulted in legal action being taken against the club for each offence, with the case being listed for hearing on 1st March.  Since the inspection, officers had met with representatives of the club to discuss the application process and technical requirements and the Council was now being urged to consider granting the Entertainments Licence to facilitate the provision of entertainment on St. Patrick’s Day.

            The Building Control Manager pointed out that no written representations had been received in relation to the application and the Police Service of Northern Ireland had offered no objection.  He added that officers of the Building Control Service had, since August 2015, conducted three inspections of the premises, none of which had found entertainment to be taking place, and the Council’s Environmental Protection Unit had, since that time, received no complaints around noise nuisance or patron dispersal.

            It was reported that Mr. B. Murray, the Chairman of the club, and Mr. P. Crossan, the Vice Chairman, were in attendance and the Committee agreed that it would be beneficial to obtain from them clarification around the application.

            Mr. Murray highlighted a number of issues surrounding the previous management of the Casement Social Club, one of which had been the failure in 2008 to renew the Entertainments Licence.  When he had assumed the role of Chairman in 2013, he had been unaware of the need to renew the Licence.  He pointed out that the premises were used on a number of nights each week by bands from the local community as a base to practice and that the entertainment which had taken place on the night of 4th August, 2015 had been organised to coincide with a presentation being  ...  view the full minutes text for item 6.

            The Committee noted that the above-mentioned application had been withdrawn at the request of the applicant. 

            The Committee considered the undernoted report:

“1.0    Purpose of Report/Summary of main Issues

1.1    Members will recall, from your meeting on 20th January, that you considered a request from the applicant to address the Committee regarding your decision of 16th December to defer consideration of the application for Beckett’s Bar until the outcome of pending legal proceedings and the applicant had had the opportunity to fully consider the Council’s response to three subject access requests.

1.2    The Committee was informed that all subject access requests had subsequently been withdrawn. After agreeing to the applicant’s request and hearing from Mr Eugene Hughes, husband of the applicant, you affirmed your decision of 16th December to defer consideration of the application until the outcome of the pending legal proceedings.

1.3    At the time of the January meeting, the summonses had been issued and the matter was due to be heard on 9th February. However, they were unable to be served on the applicant.

1.4    The summonses have since been served on and the case has been listed for hearing on 16th February in Lisburn Magistrates Court.

1.5    The applicant has advised that, due to the amount of trade which they have lost, the cancellation of bookings and loss of potential earnings, it has placed a significant pressure upon the business to remain financially viable and in operation. They further advise that the granting of an Entertainments Licence is crucial to the continued operation of the business and, without one, a significant number of jobs would be put at risk.

1.6    The applicant has respectfully requested that the Committee now consider their application, taking into account the outcome of the Court proceedings of 16th February 2016.

1.7    Members are reminded that the application for the grant of a Seven-day Annual Entertainments Licence for Beckett’s Bar was received on 15th July 2015, based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received you are required to consider the application in light of the legal proceedings. Officers will update you on the outcome of the court hearing listed for the 16th February at your meeting and should the matter be concluded, you are required to make a decision to either:

1.     approve the application for the grant of the Seven-day Annual Entertainments Licence, or

2.     approve the application for the grant with special conditions, in addition to the standard conditions, or

3.     refuse the application for the grant of the Seven-day Annual Entertainments Licence.

2.2    If the 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 Recorders  ...  view the full minutes text for item 8.

            The Committee was advised that the former Licensing Committee, at its meetings on 16th April, 2014 and 18th March, 2015, had deferred consideration of applications to vary the designation resolutions for sites at Castle Place (opposite Donegall Arcade) and the Castle Junction Kiosk respectively, to provide for the sale of bus tour tickets, pending the outcome of a review which was being undertaken by the Development Department into sightseeing coach provision in the City. 

            The Building Control Manager reported that the Development Department had undertaken research with a view to determining the operating framework within which the bus companies operated, the current sales policy governing those wishing to purchase tickets and the views of tourists on the services being provided.  The outcome of that research had, on 14th October, 2015, been presented to the City Growth and Regeneration Committee, which had agreed:

(i)      to note the update on issues relating to tourist bus operators in the City;

(ii)     to support the development of a code of conduct for operators and work with partners and the operators to explore how this can be managed; and

(iii)    that the issues in relation to better enforcement and legislative change be referred to the Licensing Committee and suggested that the DVA could be invited in to a future meeting of that Committee.

            The Building Control Manager reviewed the aforementioned decision in the context of the Licensing Committee and explained that neither the Council nor that Committee had any legislative authority or responsibility for the licensing of bus tours within the City.  He suggested, in light of the progress being made around the operation of tourist buses, that the Committee might wish to revisit those applications relating to the sites at Castle Place (opposite Donegall Arcade) and the Castle Junction Kiosk which had been deferred previously.

He reminded the Committee that, at its meeting on 16th September, 2015, it had renewed a Stationary Street Trading Licence for a designated site in Donegall Quay but had deferred an accompanying application for the variation of the Licence to allow for the sale of Wee Tram tour tickets, pending the outcome of the aforementioned review. He confirmed that the Licence holder had since cancelled his Licence as he no longer wished to trade at that location.

            After discussion, the Committee agreed:

(i)      to note the decision of the City Growth and Regeneration Committee of 14th October, 2015;

(ii)     that, rather than invite the DVA to a future meeting, it be included on the list of consultees, should the Council propose to pass a designating resolution or a resolution to rescind or vary a designating resolution; and

(iii)    to initiate a new designation process in relation to those applications to vary the designating resolutions at sites in Castle Place (opposite Donegall Arcade) and the Castle Junction Kiosk.