Agenda and minutes

An apology was reported on behalf of Councillor Attwood.

            The minutes of the meeting of 17th February 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 March, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Bell declared an interest in respect of item 2 (g), namely, Applications for the Grant and Renewal of Stationary Street Trading Licences – Fountain Lane and Fountain Street.

            The Chairperson informed the Members that this would be the last meeting of the Licensing Committee which would be attended by Mr. T. Martin, Head of Building Control, as he was due to retire from the Council later in the month.

            Several Members paid tribute to Mr. Martin for the contribution which he had made to the work of the Committee and the Council over the years and wished him well in his retirement.

            Mr. Martin thanked the Members for their kind remarks.

The Committee was reminded that, at its meeting on 17th February, it had refused an application for the grant of a Seven-day Annual Indoor Entertainments Licence for Beckett’s Bar, 241 Stewartstown Road.  The Head of Building Control explained that, where the Committee refused to grant, renew or transfer an Entertainments Licence or vary the terms and conditions or restrictions attached thereto, the applicant had a right to appeal the decision to the County Court.  He reported that Sharp N.I. Limited, the applicant company, had lodged an appeal against the Committee’s decision to refuse the application and that the Committee would receive regular updates as that progressed. 

 Noted.

            The Head of Building Control reminded the Committee that, at its meeting on 23rd June, 2015, it had approved a response to the Department of the Environment’s consultation exercise on the review of Entertainments Licensing legislation. He reported that that Department had published recently a summary of the responses which it had received, a copy of which had been forwarded to the Committee, and had indicated that it would, later in the year, be preparing more detailed proposals which would be the subject of a public consultation exercise.

            The Committee noted the information which had been provided and that it would have an opportunity in due course to submit comments in respect of those proposals.  

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

The Committee was reminded that, at its meeting on 19th March, 2014, it had agreed to grant provisionally to the Belfast Leisure Company Limited an Amusement Permit in respect of the above-mentioned premises. The Head of Building Control explained that a Permit was granted provisionally to allow for construction or refurbishment works to be undertaken to the premises providing the amusements and was valid only for two years, unless the applicant could provide reasonable grounds for their failure to complete those works during that time.

He reported that the Committee’s decision in respect of Mavericks had been subject to a Judicial Review by Oasis Retail Limited, which had objected to the application, and that, despite being listed for hearing on three occasions during 2015, it had yet to proceed. The Belfast Leisure Company Limited had been reluctant to commence the works to their premises until such time as the Judicial Review had been determined and, accordingly, had requested that the Council extend the period of the provisional Amusement Permit. The Head of Building Control confirmed that, once those works had been completed to the satisfaction of the Council, the Amusement Permit would be issued.

After discussion, the Committee agreed to extend the period of the Provisional Amusement Permit till 19th March, 2017.

            The Head of Building Control drew the Committee’s attention to applications which had been received from the organisers of the above-mentioned Festivals in relation to events which would be taking place separately during the months of April and May within a marquee in Custom House Square. He explained that the venue was managed currently by the Department for Social Development, which held both a Seven-day Annual Outdoor Entertainments Licence and a Seven-day Annual Marquee Entertainments Licence, which were transferred to promoters for the duration of their events. Under the terms of the Marquee Entertainments Licence, entertainment was permitted to take place from Monday to Sunday between the hours of 11:30 a.m. and 11.00 p.m.

            He reported that the Cathedral Quarter Arts Festival, which would be taking place between Thursday, 28th April and Sunday, 8th May, had been held for the past seventeen years and that it offered patrons a wide range of comedy, drama, literature and music events at several venues across the City. The organisers had requested that the Committee give consideration to permitting entertainment to run until midnight on five nights of the Festival, namely, Friday 29th April, Sunday 1st, Friday 6th, Saturday 7th and Sunday 8th May, on the basis that it would enable local support acts to be added to the programme and provide patrons with sufficient time to avail of local restaurants before attending events. The programme of entertainment was in the process of being finalised but would be similar to that of previous years. 

            He reported further that the Belfast Brewing and Distilling Festival was being held for the first time in Belfast and that it would run from Thursday 21st till Saturday 23rd April. The Festival would focus primarily on the celebration and promotion of craft beers and the organisers had sought permission to provide entertainment till midnight on the Friday and Saturday nights, with a view to enhancing patrons’ overall experience.    

            The Head of Building Control pointed out that, since the applications related to the extension of the hours permitted under an existing licensing condition, rather than the variation of the Entertainments Licences, there had been no requirement for them to be advertised. Whilst the Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service had offered no objections, they had confirmed that they would be working closely with the organisers, the Council and other organisations to address any issues in the lead up to the Festivals. 

            He informed the Committee that the Building Control Service had, in previous years, undertaken inspections of the venue whilst the Cathedral Quarter Arts Festival had been taking place and had identified no issues regarding health, safety and welfare management. In terms of this year’s Festivals, he confirmed that each organiser was co-operating fully with Council officers to protect public safety and reduce the potential for noise disturbance and nuisance at their events. They were working also with officers to develop an appropriate letter to be forwarded to local residents advising them of  ...  view the full minutes text for item 9.

            The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-day Annual Marquee Entertainments Licence for Custom House Square be extended to enable entertainment to take place till midnight on Friday 29th April, Sunday 1st, Friday 6th, Saturday 7th and Sunday 8thMay, as part of the Cathedral Quarter Arts Festival, subject to all technical requirements being met to the satisfaction of Council officers.

            The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-day Annual Marquee Entertainments Licence for Custom House Square be extended to enable entertainment to take place till midnight on Friday 22nd and Saturday, 23rd April, as part of the Belfast Brewing and Distilling Festival, subject to all technical requirements being met to the satisfaction of Council officers.

            Arising from discussion on the foregoing applications, the Committee agreed that a report be submitted to a future meeting on the number of occasions in which Entertainments Licences for venues such as the Custom House Square had been utilised in recent years, including the number of requests for additional hours which had been granted, and that it include also information on the licensing arrangements for similar venues in other cities.  

            The Head of Building Control informed the Committee that an application had been received for the renewal of a Seven-day Annual Indoor 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. He reported that entertainment, in the form of dance productions, live musical acts and theatrical performances, was provided currently from Monday to Sunday from 8.00 a.m. till 1.00 a.m. The applicant was seeking also to vary the Entertainments Licence to allow for the holding of a one-off music event in the Downstairs at the MAC area till 2.30 a.m. on the night of Saturday, 16th April. 

            He reminded the Committee that it was normal practice for Entertainments Licences being renewed, which were not subject to objections, to be issued under the Council’s Scheme of Delegation.  However, since the applicant had applied also for a variation to extend the hours of entertainment beyond 1.00 a.m., both applications were being presented to the Committee for consideration.

The Head of Building Control confirmed that, whilst the Police Service of Northern Ireland had not objected to the applications, the statutory twenty-eight period for the receipt of written representations would not expire until 29th March. He suggested that, should the Committee be minded to approve the additional hours on 16th April, it might wish to consider delegating authority to the Director of Planning and Place to issue the Entertainments Licence, should no objections be received. It was pointed out that, during the past year, officers of the Building Control Service had visited the premises on three occasions whilst entertainment had been taking place, none of which had detected breaches of the Entertainments Licensing legislation, and the Council’s Environmental Protection Unit had received no complaints regarding noise nuisance.

The Committee agreed that it would be beneficial to obtain further details on the applications from Ms. L. McGinley, the Operations Manager of the MAC, who was in attendance and she was welcomed by the Chairperson. 

            Ms. McGinley informed the Members that the variation of the Entertainments Licence was being sought to accommodate a one-off performance on the night of Saturday, 16th April by the acclaimed DJ Mr. Max Cooper, who would be on stage between midnight and 2.30 a.m. and be preceded by a number of local support acts. She confirmed that, in line with any event ceasing after midnight, patrons would leave the venue through a side door in order to minimise noise disturbance.

            The Chairperson thanked Ms. McGinley for her contribution.  

The Committee agreed, in its capacity as Licensing Authority, that, should no written representations be received by 29th March regarding the renewal and variation of the Seven-day Annual Indoor Entertainments Licence for the Metropolitan Arts Centre, 10 Exchange Street West, authority be delegated to the Director of Planning and Place to issue the Licence, which would permit entertainment to take place till 2.30 a.m. on the night of Saturday, 16th April.

The Committee noted that,  ...  view the full minutes text for item 13.

The Committee was reminded that, at its meeting on 17th June, 2015, it had agreed to renew a Stationary Street Trading Licence held by Mr. V. Wilkinson for a designated site in Cornmarket, outside British Home Stores, for a period of six months. The Head of Building Control reported that that decision had been taken on the basis of a number of licensing infringements which had been committed by Mr. Wilkinson, primarily around his failure on a number of occasions to remove his trailer from the site once trading had ceased, and allowed for his compliance with the terms of the Licence to be monitored.

He informed the Members that Mr. Wilkinson’s Licence had now expired and that, in addition to selling shirts, scarves, badges, hats, flags, pictures and mugs, based upon a soccer theme, he was seeking to sell batteries, lighters, wrapping paper, greeting cards, umbrellas, toys, tour tickets, boxer shorts, socks, gift packs, St. Patrick’s Day and Pride Day hats, flags, whistles and necklaces. He pointed out that the applicant would be operating from Monday to Sunday between the hours of 11.00 a.m. and 6.00 p.m. from his current trailer and that he had not, during the past six months, breached the terms of his Street Trading Licence.

            After discussion, it was

Moved by Councillor Craig,

Seconded by Councillor Bunting,

      That the Committee, in its capacity as Licensing Authority, agrees to renew the Street Trading Licence held by Mr. V. Wilkinson for a designated site in Cornmarket, outside British Home Stores, for a period of six months, with his adherence to the conditions of the Licence being kept under review during that time.

Amendment

Moved by Councillor Campbell,

Seconded by Councillor Magennis,

      That the Committee, in its capacity as Licensing Authority, agrees to renew the Street Trading Licence held by Mr. V. Wilkinson for a designated site in Cornmarket, outside British Home Stores, for a period of twelve months.

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

            The amendment was thereupon put to the meeting as the substantive motion and passed.

            The Committee approved also the sale at that site by Mr. V. Wilkinson of the aforementioned additional commodities.

            The Head of Building Control drew the Committee’s attention to applications which had been received from Mr. J. Kerr seeking the grant and the renewal of Stationary Street Trading Licences for designated sites in Fountain Lane, 45 feet from its junction with Donegall Place, and in Fountain Street, 20 feet from its junction with Wellington Place, respectively.

            He reported that Mr. Kerr had been the previous licensee of the site in Fountain Lane and that his Licence had expired on 4th October, 2015. Despite being issued with several reminders, he had only submitted his application on 4th December, which had meant that he could no longer trade at that site and had been required to submit a new application for the grant of a licence. In relation to the Fountain Street site, he pointed out that Mr. Kerr’s licence had expired on 19th January and that, since he had applied on the previous day for its renewal, he had been able to continue to trade there under the terms of his current licence until such time as his application had been determined.

            The Head of Building Control highlighted issues which had arisen since 2012 in relation to Mr. Kerr’s non-payment or late payment of the licence fees for the respective sites and his repeated failure to either contact or meet with Council officers to discuss the matter. However, all arrears had been paid by the date on which he had applied for the grant of the Stationary Street Trading Licence for Fountain Lane and he had submitted with his applications a letter which had outlined extenuating circumstances surrounding his payment and communication issues. He pointed out that Mr. Kerr was in attendance and suggested that the Committee might wish to obtain from him clarification around those issues.

            The Committee agreed to receive Mr. Kerr and he was welcomed by the Chairperson.

            Mr. Kerr explained that his difficulties had originated primarily towards the end of 2012, when the area around Fountain Lane/Fountain Street had been closed off by the Police Service of Northern Ireland on a number of Saturdays in order to facilitate the policing of the flag protests. He pointed out that he had acquired substantial stock in preparation for the Christmas trade, however, he had been unable to operate, which had had a detrimental impact upon his business.

            The Chairperson thanked Mr. Kerr for his contribution.

            After discussion, it was

            Moved by Councillor Craig,

            Seconded by Councillor Magennis and

                  Resolved – That the Committee, in its capacity as Licensing Authority, agrees:

                                     i.    to grant to Mr. J. Kerr a Stationary Street Trading Licence for a designated site in Fountain Lane, 45 feet from its junction with Donegall Place, permitting him to sell confectionery, toys, clothing accessories, Halloween accessories, gift wrapping, souvenirs and tour tickets, including bus tours, from  Monday to Saturday between 8 a.m. and 10.00 p.m.; and

                                    ii.    to renew a Stationary Street Trading Licence held by Mr. J. Kerr for a designated site in Fountain Street, 20  ...  view the full minutes text for item 15.

The Committee was advised that an application had been received from Mr. F. Brown seeking to vary the Stationary Street Licence which he held for a designated site in Lombard Street. The Head of Building Control explained that, due to planned environmental improvements to the streetscape in the Lombard Street and the Rosemary Street areas, Mr. Brown’s site would be unavailable for a period of time and that, in line with the Council’s policy for dealing with changes in circumstances affecting licensed street trading, he had been offered the use of any vacant designated site within the City.

He reported that the licensee had chosen to trade from a site in Fountain Lane, 60 feet from its junction with Donegall Place and that he would continue to sell Belfast themed artwork and photographs, baseball caps, t-shirts, bookmarks, key rings, tablemats, diaries, belts, calendars, ponchos, Celtic crafted plaques, hurling sticks, St. Patrick’s Day and Pride Day hats, flags, whistles and necklaces from Monday to Sunday between the hours of 9.00 a.m. and 9.00 p.m. He added that Mr. Brown sold also bus tour tickets from his current site and that, in light of recent discussions by both the City Growth and Regeneration and the Licensing Committees around that issue, it had been considered appropriate to raise the matter, as the variation would permit him to sell those tickets from his temporary site in Fountain Lane. However, the Committee might wish to take into account the fact that bus tour tickets were already being sold from an adjoining designated site in that street, 45 feet from its junction with Donegall Place.

After discussion, the Committee agreed, in its capacity as Licensing Authority, to vary the Street Trading Licence held by Mr. F. Brown to permit him to trade from a designated site in Fountain Lane, 60 feet from its junction with Donegall Place, until such time as he was able to return to his site in Lombard Street and that the list of commodities which he offered for sale should remain unchanged.    

The Committee considered the undernoted report:

“1.0     Purpose of Report/Summary of Main Issues

1.1      To consider an application for the renewal of a Seven-day Annual Entertainments Licence for the Rock Bar, based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2       Members are reminded that, at your meeting on 17th February, you agreed to consider the application at your March monthly meeting, to which the objectors and the applicant would be invited to attend.

1.3       The renewal application was received from Mr. Duffy, Embapa Leisure Limited, LLP on 30th September 2015.

1.4       Letters of objection were received on 18th September, 2015 from local residents prior to the application being made on 30th September 2015, hence they are outside the 28-day statutory period.

1.5       The reason the application has not been brought before you for consideration until now is that officers of the Service have engaged with all parties affected by the application, including the applicant, and have convened a series of meetings and negotiations on the matters.

1.6       All of the objectors, except one, have agreed to the terms and conditions as agreed at the liaison meetings and have withdrawn their objections.

1.7       As a result of the liaison meetings, the number of objectors was gradually reduced and, in order to determine if they were satisfied with the measures introduced by the licensee, a correspondence listing the actions that the licensee was prepared to implement was hand delivered to the addresses of all objectors in the Rockmore Road and Falls Road area. The exercise was also carried out as a way to update the objectors.

1.8       The objectors were requested to contact the Service within a specified time to confirm if they wished their objection to remain.  As a result, two objectors contacted the Service to confirm they wished to maintain their original objection. 

1.9       However, further dialogue continued between the licensee and the remaining two objectors and following these negotiations, it has resulted in only one objector remaining.

2.0       Recommendations

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

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

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

3.     refuse the application for the renewal 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 Court.

3.0       Main report

            Key Issues

3.1       As a result of concerns regarding how the premises are being operated, written representation objecting to the application was received prior  ...  view the full minutes text for item 17.

The Committee deferred consideration of the above-mentioned application to enable further information to be obtained from the applicant.