Agenda and minutes

            Apologies were reported on behalf of Councillors Carroll and Magennis.

            The minutes of the meeting of 16th March were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 4th April, 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 noted a list of licensing applications which had been granted under the Council’s Scheme of Delegation.

            The Assistant Building Control Manager informed the Committee that the Department for Social Development had, in the past, held both a Seven-day Annual Outdoor Entertainments Licence and a Seven-day Annual Marquee Entertainments Licence for Writers’ Square. However, due to budgetary constraints, those had not been renewed and anyone wishing to avail of the venue had been required to submit their own application to cover their period of use.

            He explained that an application had now been received from that Department for the grant of a Seven-day Annual Outdoor Entertainments Licence for the venue and reminded the Committee that, at its meeting on 21st September, 2011, it had agreed that, in future, all such applications be placed before it for consideration. The licence, if granted, would permit entertainment to take place from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. and would include special conditions around occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints.  He confirmed that the Department had been granted recently a Seven-day Annual Marquee Entertainments Licence under the Council’s Scheme of Delegation and had indicated that it intended to utilise both licences to promote the venue for a range of events. 

            The Assistant Building Control Manager reported that no written representation had been received in respect of the application and that neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered any objection. However, they would be consulted in advance of any proposed events and be invited to participate in any associated meetings. He pointed out that, since the Building Control Service had monitored events which had been organised under previous Entertainments Licences, it was familiar with all of the issues relating to the venue. It would, in advance of events taking place, engage with organisers and other parties to ensure that the appropriate documentation was submitted and that all safety and technical requirements were met.

            After discussion, the Committee agreed, in its capacity as Licensing Authority, to grant a Seven-day Annual Outdoor Entertainments Licence in respect of Writers’ Square. 

            The Assistant Building Control Manager drew the Committee’s attention to an application which had been received in relation to a number of proposed events which would be taking place within a marquee in Writers’ Square, as part of the Belfast City Blues Festival. He explained that the venue was managed currently by the Department for Social Development, which had been granted recently a Seven-day Annual Marquee Entertainments Licence under the Council’s Scheme of Delegation, and that it had, earlier in the meeting, obtained a Seven-day Annual Outdoor Entertainments Licence. 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 Belfast City Blues Festival, which would be taking place from Friday 24th till Sunday 26th June, had been held for the past seven years within a number of licensed premises across the City and that this was the first time that it would be taking place in this venue. The Festival was intended to celebrate the musical heritage of the City and would include over forty-five live performances by local and international blues artists, music workshops and archive footage of local music artists. The organisers had requested that the Committee give consideration to permitting entertainment to run until midnight on all three nights of the Festival in order to offer patrons every opportunity to maximise their musical experience. The programme of entertainment was in the process of being finalised but would be similar to that of previous years. 

            The Assistant Building Control Manager pointed out that, since the application related to the extension of the hours permitted under an existing licence condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. The Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had offered no objections to the application and they would, prior to the Festival, be reviewing public safety, traffic management, transport and wider operational issues. He added that the Building Control Service was working closely with the organisers to identify and liaise with those in the area who might be affected by the event, including St. Anne’s Cathedral, and were developing an appropriate letter to be issued to local residents providing details around the programme of events and their proposal to operate beyond 11.00 p.m. and would be reviewing the event documentation upon its submission. In terms of noise issues, he indicated that officers would be liaising with the Council’s Environmental Protection Unit and the organisers to ensure that an appropriate noise management plan was formulated, which would ensure that noise from the Festival would not cause undue disturbance to local residents and businesses.   

            The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-day Annual Marquee Entertainments Licence for Writers’ Square be extended to enable entertainment to take place till midnight on Friday 24th, Saturday 25th and Sunday 26th  ...  view the full minutes text for item 6.

            The Committee was advised 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.

            The Assistant Building Control Manager confirmed that one objection to the renewal of the licence had been received within the twenty-eight day statutory period and that the Committee, when considering the application, had a duty, under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, to take it into account.   

            Accordingly, the Committee agreed to consider the objection at a future meeting, to which the objector and the applicant would be invited.

            The Assistant Building Control Manager drew the Committee’s attention to an application which had been received for the grant of a Seven-day Annual Indoor Entertainments Licence in respect of the Malone Rugby Football Club, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            He informed the Members that the club’s Entertainments Licence had expired on 31st March, 2005 and that the applicant was seeking to renew it in order to provide entertainment in the ground floor and first floor function rooms, which had a combined occupancy of approximately 420 persons.  Since it was operating currently as 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 eighty-five occasions in any twelve-month period.

            He reported that no written representations had been received in relation to the application and that the Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service had offered no objection. In such circumstances, it was normal practice for Entertainments Licences to be issued under the Council’s Scheme of Delegation, however, since the applicant had been convicted of providing entertainment in the club on 22nd August, 2015 without a valid Entertainments Licence, the application had, as required under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, been placed before the Committee for consideration. He confirmed that the applicant had received a conditional discharge and been required to pay costs of £69 and that no further offences had been detected during subsequent inspections of the premises.  

            He explained that the Building Control Service was working with the applicant to agree the final occupancy figure for the two function rooms and assured the Committee that, should it agree to renew the Entertainments Licence, it would not be issued until such time as all works and technical requirements were completed to its satisfaction. He added that the Council’s Environmental Protection Unit had indicated that, since May 2015, it had received no complaints around noise nuisance or patron dispersal.

            It was reported that Mr. S. Lemon, the President of the club, and Mr. R. Thomas, Secretary, were in attendance and the Committee agreed that it would be beneficial to obtain from them clarification around the application.

            Mr. Lemon informed the Committee that the presidency of the club changed on an annual basis, which had contributed primarily to the failure to renew the Entertainments Licence. He confirmed that arrangements had now been put in place to prevent a recurrence, which included allocating responsibility for the administration of the club’s licence to a full time bar manager.

            Mr. Lemon and Mr. Thomas were thanked by the Chairperson.

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-day Annual Indoor Entertainments Licence in respect of the Malone Rugby Football Club, 8 Gibson Park Avenue.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of main Issues

1.1      To consider an application from Mr Lawrence Bannon for the grant of a Seven-day Annual Outdoor Entertainments Licence for the Smoking Area at the front of Villa Nightclub, based upon the Council’s standard conditions to provide outdoor musical entertainment.

1.2       Members are reminded that, at the Committee meeting on 17th June 2015, you agreed to defer consideration of this application to enable clarification to be sought in relation to possible planning matters.

1.3       This was subsequent to the application being previously deferred at an earlier meeting on 18th March 2015, to enable further information to be obtained regarding the conditions of the lease agreement between the applicant and the owner of the land, the Department for Social Development (DSD), for use of the proposed area outside the premises and to allow for the submission to the Council’s Environmental Protection Unit of further acoustic information.

1.4       Members are advised that the applicant has now been granted a Certificate of Lawfulness of Existing Use or Development by the Planning Service.

1.5       The Planning Service is satisfied that sufficient evidence has been submitted to show that the land constitutes Lawful Development and has been used for the purposes of an outside smoking/seating area for more than five years up to and including the date of the application therefore the time limit for taking enforcement action has expired. A copy of the Certificate of Lawfulness granted by the Planning Service has been made available to the Committee.

1.6       A copy of the application form and the location map has been forwarded to the Committee.

2.0       Recommendations

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

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

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

3.     refuse the application for the grant of the licence.

2.2       If an 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 County Court. In the case that the applicant subsequently decides to appeal outdoor entertainment may not be provided until any such appeal is determined.

3.0       Main report

            Key Issues

3.1       The applicant currently holds a Seven-day Annual indoor Entertainments Licence. The indoor areas licensed to provide entertainment are the:

·        Ground floor Bar, with a maximum capacity of 325 persons

·        1st floor Bar, with a maximum capacity of 200 persons

·        1st Floor VIP Bar, with a maximum capacity of 50 persons.

3.2       Members are advised that the number of persons to be accommodated in the new outdoor area  ...  view the full minutes text for item 9.

         The Building Control Manager informed the Committee that EZE Gaming Limited operated currently amusement arcades at 44 Cregagh Road, 191 Kingsway and 13 North Street in the City. He explained that the arcades had been operated previously by a related company and that EZE Gaming Limited was now seeking to have the corresponding Amusement Permits transferred into its name. Since the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 made no provision for the transfer of an Amusement Permit, EZE Gaming Limited had been required to submit a new application for the grant of a Permit for each arcade. The arcades would be operated on the same basis as previously and officers were satisfied that no alterations were being made which would necessitate the submission of a Building Regulations application.

            He reminded the Committee that the Amusement Permit Policy, which had been implemented in 2013, assessed applications based upon two components, the first of which took into consideration the legal requirements under the aforementioned Order, in terms of the character, reputation and financial standing of the applicant, the nature of the premises and activity proposed, the opinions of the Police Service of Northern Ireland and submissions from the public. In that regard, he confirmed that the applicant company had submitted references in support of its applications and that no objections had been received from the Police Service or from the public.  

            He reported that the second component of the Policy set out five criteria to be used when assessing the suitability of a location for the grant of an amusement arcade, based around retail vibrancy and viability, cumulative build-up, image and profile, proximity to residential use and to schools, youth centres and residential institutions for vulnerable people. He pointed out that, if the three applications were to be viewed as new applications, the arcade in Kingsway would fulfil all of those criteria.  However, the premises on the Cregagh Road would fail to comply with one criterion, in that it was located within two hundred metres of a primary school, and the arcade in North Street would fail to meet two criteria, on the basis that it was located within the Primary Retail Core of the City Centre, as defined by the 2015 Belfast Metropolitan Area Plan, and that there was a similar business operating within the same commercial block.

            In relation to the renewal of Amusement Permits, the Amusement Permit Policy indicated that the assessment of a location should take place only in exceptional circumstances and recognised the fact that premises, such as the three under consideration, were long established and had been operating long before the Policy had been implemented. Moreover, given that they had, some years previously, been granted planning approval, a Court of Appeal decision in June 1999 had stated that the Council, in determining applications for Amusement Permits, may take into account planning considerations but should be slow to differ from the views of the Planning Authority.

         The Committee agreed to obtain clarification on the  ...  view the full minutes text for item 10.

         The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1      To consider an application from Mr James Neeson, for the provisional grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

1.2       A copy of the application form and location map has been forwarded to the Committee.

2.0      Recommendations

2.1      The current policy, dictated by the governing Order, is that the Committee, in considering the application for the Grant of an Amusement Permit, shall have regard to:

a)     The fitness of the applicant to hold a Permit having regard to his character, reputation and financial standing,

b)     The fitness of any other person by whom the business is to be carried on under the Permit would be managed, or for whose benefit that business would be carried on,

c)     Representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub-division the premises are situated, and

d)     Representation, if any, as a result of the public notices of advertisement.

2.2       You are then required to make a decision based on the following options set out under the Order. You must refuse the application unless satisfied that:

a)     The applicant is a fit person to hold an Amusement Permit; and

b)     The applicant will not allow the business proposed to be carried on under the Amusement Permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of an Amusement Permit.

2.3       Thereafter:-

1.     You may refuse the application after hearing any representations from third parties, or

2.     You may grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

2.4       In the case of premises, that have machines with the maximum cash prize of £25.00, where admission is restricted to persons aged 18 or over that –

·        no persons under 18 are admitted to the premises; and

·        at any entrance to, and inside any such premises there are prominently displayed notices indicating that access to the premises is prohibited to persons aged under 18, and in addition

3.     You may also grant the application subject to discretionary conditions outlined in the Order relating to the illumination of the premises, advertising of, and window displays on the premises and the display of information notices.

2.5       Should you be of a mind to refuse the application for the grant of an Amusement Permit or grant the Permit subject to any discretionary conditions, you are required to advise the applicant of your intention to do so. In this case, you must afford the applicant the opportunity to make representations at a Licensing Committee meeting on the matter  ...  view the full minutes text for item 11.

         The Committee considered the following 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 El Divino, 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       At that meeting, you agreed to defer consideration of this application to enable officers to obtain further information from the applicant. The applicant had failed to provide appropriate responses to a number of additional questions posed by officers regarding an individual’s alleged involvement in the operation and management of El Divino and the organisational management structure of the other companies and premises the applicant currently has operating within Belfast.

1.4       The renewal application was received from Mr. Paul Langsford of El Divino Belfast Limited, on 10th December 2015.

1.5       Mr. Langsford is also the licensee of a number of other premises in Belfast, such as Filthy McNasty’s and the Perch, Chinawhite, Shiro and Rita’s.

1.6       Members are reminded that a total of five objections were received at the time of your previous meeting in February. Two of the objections were received within the 28 day statutory period and the other three outside of the statutory period. One of the latter objectors has since withdrawn their objection.

1.7      Since your February meeting, another objection was received on 2nd March from a resident of a nearby apartment block. There are currently five objections.

1.8       The Service has acknowledged the objection received on 2nd March and has advised the objector of our Committee process and Protocol. They were also advised that the Committee would have to decide whether to exercise its discretion to hear the additional objection, as it was received out of time.

1.9       It was suggested to this objector that they may wish to join with the other objectors and attend the meeting to form part of their delegation.

1.10     However, at the time of writing, we have not received any further details or information from this objector or confirmation if they wish to attend your April Committee meeting. If you wish to consider the objection received on 2nd March, there will be five objections to consider.

1.11     Copies of the letters of objection, including the last objection received on 2nd March, have been forwarded to the Committee.

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:

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

2.3       approve the application with special conditions, or

2.4       refuse the application for the renewal  ...  view the full minutes text for item 12.

            Prior to this item being considered, the Chairperson informed the Committee that he had been advised by the Town Solicitor of the need, in accordance with the legal requirements contained within the Local Government Act (Northern Ireland) 2014, to restrict the information surrounding the application.

            Accordingly, with the exception of those parties associated with the application, all persons seated within the public area of the room were excluded from the meeting to enable the matter to be considered in private.

            Arising from discussion, a Member highlighted the fact that the Committee had, in the past, deferred consideration of applications until the outcome of legal proceedings had been determined and sought clarification on the impact upon the premises’ Entertainments Licence, should it defer this application.

            In response, the Town Solicitor explained that, since the applicant was seeking to renew his Entertainments Licence, he could continue to operate under the terms of his current licence. Whilst confirming that it was a matter for the Committee to decide on how to proceed, he pointed out that it might wish to take into account the fact that the legal case which was being progressed by the Police Service of Northern Ireland related to an alleged incident which had occurred in the premises on 12th March, 2015, which was now over one year ago. He added that the applicant’s legal representative had indicated that his client was content for his application to proceed and that the licence, although treated as subsisting, had expired some months previously.

            The Committee was advised that Constable John Guinness, Police Service of Northern Ireland, was in attendance and it agreed to obtain clarification from him around the aforementioned case.

            Constable Guinness reported that the Investigating Officer had advised him that a file on the alleged incident which had occurred on 12th March, 2015 had been forwarded to the Public Prosecution Service for its consideration. However, the officer had been unable to confirm the date on which it had been submitted and had yet to receive a response from the Public Prosecution Service.

            Constable Guinness was thanked by the Chairperson.

            The Committee agreed to consider the application and, accordingly, the Building Control Manager reviewed the report which had been formulated in relation to the premises. He pointed out that the sole objection to the application had been received outside the twenty-eight day statutory period and that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, when considering an application, could exercise its discretion and agree to receive the objector, although it did not have a duty to do so.

            The Committee agreed to exercise its discretion in this instance and consider the objection.

            During further discussion, several Members expressed concern around the implications of determining the application in advance of the outcome of any legal proceedings being publicised, following which it was:

            Moved by Councillor Campbell,

            Seconded by Councillor Mullan and

       Resolved - That the Committee, in its capacity as Licensing Authority, agrees to defer  ...  view the full minutes text for item 13.