Agenda and minutes

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

            The minutes of the meeting of 20th April were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 3rd May, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Attwood declared an interest in respect of item 2(f) - Application for the Renewal of a Seven-Day Annual Indoor Entertainments Licence for Thompson’s Garage, in that a work colleague was related to one of the applicants, and left the meeting while the matter was under discussion.

            In relation to agenda item 2(g) - Consideration of Designating Resolutions for New Street Trading Sites/Variation of Commodities/Rescinding of Existing Street Trading Sites:

·        the Chairperson (Councillor Hussey) declared an interest in respect of the proposal to vary the list of commodities sold from the site in Lombard Street in that he was on the Board of Belfast City Centre Management, which had submitted an objection, and he neither chaired the meeting nor took part in the discussion whilst the item was under consideration.

·        Councillor Campbell declared an interest regarding the proposed designation of a site in Mountpottinger Link in so far as she had contacted an officer of the Building Control Service to obtain information, on behalf of another Member, for a person who might, in the future, apply for a Street Trading Licence for that location and took no part in the discussion. 

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       The Committee is reminded that the Licensing of Pavement Cafés Act (Northern Ireland) 2014 (the Act) will come into operation on 1st October 2016. From that point onwards, the operation of a pavement café will be subject to a licence granted by the Council.

1.2       Members may recall that, at your meeting on 21st October 2015, representatives from the Department for Social Development’s (DSD) Social Policy Unit and from Hospitality Ulster were in attendance appeared before you to discuss the introduction of the new legislation, the supplementary guidance being developed to assist councils to administer applications and the benefits and issues it may have for the licensing industry.

1.3       Arising from this, the Committee agreed that officers should facilitate discussions between the Council, other councils, the DSD and DRD, Hospitality Ulster, Disability Action, Transport NI, the PSNI and other relevant parties, with a view to formulating in advance of the commencement of the Licensing of Pavement Cafés Act a guidance and practice note on the design and management of pavement cafés in Northern Ireland.

2.0       Recommendations

2.1       The Committee is requested to note the content of the report and comment on the progress of our preparation for the commencement of the legislation and the supporting guidance documentation.

3.0       Main Report

            Key Issues

3.1       Pavement cafés can have a positive effect on urban environments and help to promote town and city centres. Well regulated pavement cafés can contribute to an excellent visitor experience, enhance the attractiveness of a local area and encourage visitors to stay longer and spend more.

3.2       At your meeting last October, Mr. Colin Neill of Hospitality Ulster advised that the introduction of the Act would provide small businesses with an opportunity to boost their income, particularly given the difficult trading conditions which they had experienced in recent years and urged the Council not to delay its implementation.

3.3       Members will, from previous reports to the Committee, be aware that the supplementary guidelines produced by the DSD were drafted without the appropriate level of engagement with councils or other key stakeholders. This was both frustrating and disappointing given that these Departmental guidelines will be integral to the successful implementation of this Act and particularly as it places an onus on council’s to grant a licence unless it has good reason to refuse it.

3.4       Since your meeting in October, officers from the Service have been in discussion with Councils throughout Northern Ireland and other relevant stakeholders to develop good practice guidance on the design and management of Pavement Cafes prior to the introduction of the Act on 1st October 2016.

            Provisions of the Act

3.5       The Act permits the owners of cafés, restaurants, pubs or other premises selling food or drink to the public, to place furniture (tables, chairs etc.) on a public area for use by their customers. There is no requirement for a similar pavement café arrangement set up in a  ...  view the full minutes text for item 5.

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

            The Building Control Manager informed the Committee that an application had been received from the organisers of Féile an Phobail in relation to a number of proposed events which would be taking place within a marquee in the Falls Park during the month of August. He explained that the Council’s City and Neighbourhoods Services Department held both a Seven-day Annual Outdoor Entertainments Licence and a Fourteen-day Occasional Marquee Entertainments Licence for the venue, which it transferred to promoters for the duration of their event. Under the terms of those licences, entertainment was permitted to take place from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. and special conditions were attached to each licence in relation to occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints. 

            He reported that the organisers of the festival had requested that the Committee give consideration to permitting entertainment to run until midnight from Thursday, 4th till Sunday, 14th August in order to allow them to deliver a programme of diversionary activities for young people, which would include sport and discussion sessions.  The programme of entertainment was in the process of being finalised but would be similar to that of previous years. 

            He reminded the Committee that, at its meeting on 20th May, 2015, it had granted approval for the organisers to operate till midnight on eight nights within the marquee and that it had, at recent meetings, approved requests for similar events taking place in Custom House Square and in Writers’ Square. He pointed out that, since this 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 Police Service of Northern Ireland had offered no objections to the application and would be involved in meetings to review in detail public safety, traffic management, transport and wider operational issues. The organisers had submitted to the Building Control Service a draft event management plan and a proposed site plan and would, as in previous years, be engaging with local residents in advance of the event to address any concerns. He added that officers had, in the past, undertaken inspections of the venue whilst entertainment had been taking place, none of which had identified issues with health, safety and welfare management. In terms of noise nuisance, he confirmed that two complaints had been received in 2015, neither of which had necessitated formal action being taken. Officers were working with the organisers and their representatives to ensure that an appropriate noise management plan was formulated for this year’s event, with a view to ensuring that noise from the marquee 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 Fourteen-day Occasional Marquee Entertainments Licence for Falls Park be extended to enable entertainment to take place till midnight from Thursday,  ...  view the full minutes text for item 7.

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

The Building Control Manager explained that, in previous years, the Entertainments Licence had been renewed under the Council’s Scheme of Delegation. However, given that the two licensees had, on 8th March, been convicted at the Belfast Magistrates Court of an offence under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee was required, in accordance with that Order, to take those convictions into account when assessing the current application. The offence had related to a final exit door being locked shut whilst entertainment was taking place and had been detected by officers of the Building Control Service during an inspection of the venue on 4th July, 2015. As a result, the licensees had been fined a total of £200 and been required to pay costs of £69.

            He reported that, since the offence had been detected, officers had met with the licensees and had visited the premises and were satisfied that appropriate operational and management procedures were now in place to safeguard the safety of patrons, performers and staff. He added that no written representations had been received in relation to the application, neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered any objection and the Council’s Environmental Protection Unit had received no complaints regarding noise disturbance from the premises.

            The Committee agreed, in its capacity as Licensing Authority, to renew a Seven-day Annual Indoor Entertainments Licence in respect of Caulfield’s Bar, 685 Springfield Road.

            The Building Control Manager submitted for the Committee’s consideration a report which provided details of applications for the renewal of a Seven-day Annual Indoor Entertainments Licence and for the grant of a Seven-day Annual Outdoor Entertainments Licence in respect of the Box Nightclub, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that the venue operated currently as a nightclub and that it was licensed to provide indoor entertainment, in the form of a DJ, in the ground floor bar, the first floor bar and the first floor VIP bar from Monday to Saturday till 3.00 a.m. and on a Sunday till 2.00 a.m. Special conditions were attached to the licence around the control of occupancy figures and the holding of review meetings. The applicant was now seeking to provide entertainment within an outdoor smoking area, which was located to the front of the SSE Arena and which was covered by a Liquor Licence. The days and hours during which entertainment would be provided in that area would be the same as those on the Indoor Entertainments Licence and there would be no increase in the nightclub’s current maximum occupancy figure of 1730 patrons.

            He pointed out 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 instances, it was normal practice for Entertainments Licences to be issued under the Council’s Scheme of Delegation. However, since the applicant had, on 17th November, 2015, been convicted at the Belfast Magistrates Court of providing entertainment in the aforementioned smoking area without a valid Entertainments Licence, both applications had, as required under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, been placed before the Committee for consideration. The applicant had been fined £200 and been required to pay costs of £69 as a result of the offence.

            The Building Control Manager informed the Members that, since the offence had been detected, officers had met with the applicant and had visited the venue and were satisfied that it was now being managed in accordance with the Entertainments Licensing legislation. In addition, the Council’s Environmental Protection Unit had, during the past year, received no complaints regarding noise nuisance and it was assessing currently an acoustic report identifying measures to be put in place to minimise disturbance to neighbouring properties from noise breakout or patron dispersal. He stressed that, should the Committee be minded to grant the Outdoor Entertainments Licence, it would not be issued until such time as all technical matters had been resolved and the proposed noise levels had been verified and agreed.

            The Committee agreed, in its capacity as Licensing Authority, to renew a Seven-day Annual Indoor Entertainments Licence and to grant a Seven-day Annual Outdoor Entertainments Licence in respect of Box Nightclub, Units 1 and 8 Queen’s Quay, with entertainment being permitted in the outdoor  ...  view the full minutes text for item 9.

            The Committee was advised that an application had been received for the renewal of Seven-day Annual Indoor and Outdoor Entertainments Licences in respect of the Hudson Bar, 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 one objection to the application had been received within the twenty-eight day statutory period and that a further one had been submitted outside that timeframe.  He outlined the nature of those 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 an objection had been lodged outside that period, the Committee could exercise its discretion and agree to receive the objector, 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 both objections at a future meeting, to which the objectors and the applicant would be invited.

            Prior to this item being considered, the Chairperson informed the Committee that he had been advised by the Divisional 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 the Council’s Communications Officer, all persons seated within the public area of the room were excluded from the meeting to enable the matter to be considered in private.

            The Committee was reminded that, at its meeting on 20th April, it had agreed to defer consideration of an application for the renewal of a Seven-day Annual Indoor Entertainments Licence in respect of Thompson’s Garage for a period of one month, to enable officers to obtain clarification from the Public Prosecution Service and the Police Service of Northern Ireland on the status of a potential prosecution arising from an alleged incident which had taken place within the premises on 12th March, 2015.

            The Building Control Manager reported that the Public Prosecution Service had since confirmed that legal proceedings had been issued in relation to that incident and were due before the court on 31st May.     

            After discussion, the Committee agreed:

i)       to defer consideration of the application until the outcome of the legal proceedings had been determined;

ii)      that information be sought from the Police Service of Northern Ireland on the number of reported incidents which had, in recent years, occurred in the vicinity of Thompson’s Garage; and

iii)    that clarification be provided at a future meeting on the procedures in place to deal with restricted reports and the exclusion of the public from Committee meetings.

(Councillor Clarke, the Deputy Chairperson, in the Chair.)

            The Committee considered the following report:

“1.0     Purpose of Report

1.1       The Committee will recall that, last year, it granted approval to initiate the statutory process for designating a number of new Street Trading Sites in the City, which had been identified as a result of applications or expressions of interest received from individuals wishing to trade from new sites.

1.2       At that meeting, the Committee granted approval also to initiate the statutory process to vary the commodities at a site already designated and to consider the rescinding of another designated site.

1.3       This process involved seeking comments from interested parties, including relevant statutory bodies, through public advertisement and consultation. 

1.4       The Street Trading Act (NI) 2001 requires the Council to make sure that each application is fairly and objectively assessed, that all relevant factors are considered and, in doing so, the Council must consult with the:

a)     PSNI, and

b)     Department for Regional Development, Transport N.I.

1.5       The Council may also consult other persons as it considers appropriate. Such consultees may include the following:

a)     Relevant Belfast City Council Departments.

b)     Belfast City Centre Management Company.

c)     Nearby Street Trading Licence holders who may be affected.

d)     Local residents, business and commercial premises in the vicinity of the site in respect of which the application has been received.

1.6       Subsequently, the Service has received responses to the applications from a variety of interested parties and individuals.

1.7       The purpose of this report is to enable the Committee to consider each of the proposals in conjunction with any submissions received and make a decision on whether or not to designate each site.

2.0       Recommendations

2.1       Based on the information presented, the Committee is requested to consider each proposal in turn and to decide whether to:

1.     approve a Designating Resolution to designate the whole street or part of the street (site/s), where it may allocate street trading pitches for Sites A-E. The Designating Resolution will include the operational date and may stipulate either:

·        only specified articles, things or services or classes of specified articles, things or services that may be sold or supplied; or

·        specified articles, things or services or classes of specified articles, things or services that are prohibited.

2.     approve the variation of the Designating Resolution at Site F. The Designating Resolution will include the operational date and may stipulate either:

·        only specified articles, things or services or classes of specified articles, things or services that may be sold or supplied; or

·        specified articles, things or services or classes of specified articles, things or services that are prohibited.

3.     approve the rescinding of the Designating Resolution at Site G.

4.     decide not to proceed with any or all of the proposals.

2.2       In addition to making any Designating Resolution, the Committee may, having considered all comments, record any reasonable conditions that should be applied to a subsequent licence. For example, these may include hours of trade, days of trade, duration of licence, etc.

2.3       Members are reminded that,  ...  view the full minutes text for item 12.

            Councillor Hussey referred to the fact that this had been his last meeting in the role of Chairperson, as a new Chairperson was due to be appointed in June, and  thanked the Members and officers for their support over the previous year.