Agenda and minutes

            Apologies for inability to attend were reported from Alderman Sandford and Councillors Craig, Groves and Magennis.

            The minutes of the meeting of 15thJune 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 July, 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 issued under the Council’s Scheme of Delegation.

            The Committee considered the undernoted report:

“1.0  Purpose of Report or Summary of Main Issues

1.1    To consider four Temporary Street Trading Licence applications on the Boucher Road during the operation of the Tennents Vital event on 25th and 26th August 2016.

1.2    Two applications are from the same applicant and the other two are from separate applicants.

         Application 1

1.3    Mr. David Reilly has applied to operate a hot food trailer measuring 6m by 2m within the car park area at 52 Boucher Road, which is the Uno Modern Living unit and sells home furniture.

1.4    The applicant intends to sell hot food and non-alcoholic beverages to members of the public from 9.00 am to 1.00 am on the 25th and 26th August 2016.

         Application 2

1.5    Mr. Chris Hamill has applied to operate a hot food trailer measuring 6m by 2m at the entrance into 54 Boucher Road, which is the Ulster Bank unit.

1.6    The applicant intends to sell hot food and non-alcoholic beverages to members of the public from 3.00 pm to 12.00 am on the 25th and 26th August 2016.

         Application 3

1.7    Mr. Chris Hamill has made a second application to operate another hot food trailer measuring 6m by 2m on Boucher Road from a grass area in front of the old Council Civic Amenity site.

1.8    The applicant intends also to sell hot food and non-alcoholic beverages to members of the public from 3.00 pm to 12.00 am on 25th and 26th August 2016.

         Application 4

1.9    Mr. Brian Canavan of Euroflowers, 95-97 Boucher Road, has made an application to operate a stall directly at the front of the entrance into the unit on his land.

1.10  The applicant intends to sell confectionary and non-alcoholic beverages to members of the public from 3.00 pm to 10.00 pm on 25th and 26th August 2016.

1.11  Maps showing the location of the proposed sites are attached at Appendix 1.

2.0    Recommendations

2.1    Taking into account the information presented and any representations received you are required to make a decision on each individual application to either:

1.     grant and approve any or all of the Temporary Street Trading Licences, or

2.     grant and approve any or all of the Temporary Street Trading Licences with additional conditions, or

3.     refuse some or all of the applications.

2.2    Members may attach any reasonable conditions when granting a licence.

2.3    Should you be of a mind to refuse any of the applications, you are required to advise the applicants of your intention to do so.

2.4    If, subsequent to hearing the applicants, you refuse the applications, the applicants may appeal that decision to the County Court within 21 days of notification.

3.0    Main report

         Key Issues

3.1    Section 14 of the Street Trading Act (N.I.) 2001 permits the Council to issue a Temporary Licence where a full-term licence may not be appropriate, for example, for special events such as festivals, fairs, etc.

3.2    In recognition of the possibility  ...  view the full minutes text for item 6.

            The Committee was advised that an application had been received for the grant of a Seven-Day Annual Outdoor Entertainments Licence for the above-mentioned venue, based upon the Council’s standard conditions to provide outdoor musical entertainment. 

            The Assistant Building Control Manager reported that the licensee, who currently held an indoor Entertainments Licence for several areas within the venue, was seeking approval to provide entertainment within the outdoor smoking area, which was located on the roof of the venue.  It was proposed that the area, which was covered by a Liquor Licence, would hold up to a maximum of 150 persons, which would not be in addition to the existing overall maximum occupancy of the indoor area of 1280 persons, but would be included within that number.  The days and hours during which entertainment was proposed to be provided in the new outdoor area was Monday and Sunday 12.00 pm till 1.00 am the following morning.  No written representations had been received in relation to the application and the Police Service of Northern Ireland had offered no objection.

            The Committee agreed, in its capacity as Licensing Authority, to approve the application for the grant of a Seven-Day Annual Outdoor Entertainments Licence for the Kremlin Bar/Shoe Factory, 12-14 Union Street, with entertainment being permitted to take place on Monday and Sunday between the hours of 12.00 pm and 1.00 am the following morning.

            The Committee considered the undernoted report:

“1.0     Purpose of Report/Summary of main Issues

1.1       To consider applications for the renewal of a Seven-day Annual Indoor Entertainments Licence and a Seven-day Annual Outdoor Entertainments Licence for the Hudson Bar, based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind where objections have been received.

1.2       Members are reminded that, at your meeting on 18th May, you agreed to consider representations from the objectors and the applicant in respect of these applications.

1.3       The renewal applications were received from Mr Michael Stewart of MMJP Limited on 29th January 2016. A copy of the application forms have been circulated for the information of the Members.

1.4       Members are reminded that two objections were received regarding the applications. Copies of the objections have been circulated.

1.5       A location map has been circulated..

2.0       Recommendations

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

1.     approve the applications for the renewal of the Seven-day Annual Indoor and Outdoor Entertainments Licences, or

2.     approve the applications for the renewal of the Seven-day Annual Indoor and Outdoor Entertainments Licences with special conditions, or

3.     refuse the applications for the renewal of the Seven-day Annual Indoor and Outdoor Entertainments Licences.

2.2       If the applications are 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.

3.0       Main Report

            Key Issues

3.1       The objections are from local residents and the nature of their objections relate to the following:

·        music being played too loud;

·        patrons causing noise and nuisance from singing and shouting;

·        drunks from the bar standing on the road causing problems and bar management doing nothing to stop it; and

·        one objector being attacked by a drunk patron from the bar.

3.2       The objections were received following a number of previous complaints from the objectors regarding the same issues. As a result, officers convened meetings with the relevant parties involved, both jointly as a liaison meeting and separately.

3.3       The objectors have regularly been advised to contact the Night Time Noise Team when they are being disturbed so that readings can be taken to substantiate any allegation.

            Previous Applications

3.4       In the past, any renewal applications for the premises have been granted under the Council’s Scheme of Delegation as no previous objections have been received.

3.5       Members may recall that the Committee previously considered and agreed to grant the application for an Outdoor Entertainments Licence at your meeting on 19th March, 2014.

            Liaison Meeting

3.6       Following receipt of the objections, the Service offered to facilitate a further liaison  ...  view the full minutes text for item 8.

            The Committee was advised that an application had been received from the Council’s City and Neighbourhood Services Department for the grant of a Fourteen-Day Occasional Outdoor Entertainments Licence for Crescent Gardens, based on the Council’s standard conditions to provide outdoor musical entertainment.

            The Assistant Building Control Manager advised that no written representation had been received in relation to the grant of the licence and that the Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service had offered no objections.  The Council’s Environmental Protection Unit had been advised of the application and had confirmed that it would comment on events on an individual basis, once all the relevant documentation had been received.  He confirmed that, should the Committee grant the licence, the Building Control Service would, in advance of events taking place, consult with the organisers and/or interested parties to ensure that all documentation was completed and that all safety and technical requirements were met.

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-Day Annual Outdoor Entertainments Licence in respect of Crescent Gardens.

Teach Na Monagh, 2 Monagh Grove

            Dundela Football Athletic and Social Club, Wilgar Street

            The Suffolk Inn, 12-14 Suffolk Road

            The Assistant Building Control Manager 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 in which the application had been made.

            He drew the Members’ attention to applications which had been received for the renewal of Seven-Day Annual Indoor Entertainments Licence in respect of the following premises:

·     Teach Na Monagh – a representative of the premises had on 18th May, 2012 been convicted at the Belfast Magistrates Court of having a locked emergency exit, obstructed means of escape and a logbook not having been provided and had been fined £800 and ordered to pay £66 in costs.

·     Dundela Football Athletic and Social Club – a representative had been fined £400 and ordered to pay £69 court costs on 23rd July, 2013 due to overcrowding of the venue and obstructed emergency exit route.

·     Suffolk Inn – the licensee had, on 8th March, 2016, been fined £200 and ordered to pay £69 in costs for having a final exit blocked shut and obstructed means of escape at another venue.

            Following those offences, officers had met with the person responsible for each premises in order to review the management procedures and were now satisfied that they were operated in accordance with the Entertainments Licensing legislation.  No written representations had been received in relation to the applications and the Police Service of Northern Ireland had offered no objections.

            The Committee, agreed in its capacity, as Licensing Authority, to grant a Seven-Day Annual Indoor Entertainments Licence in respect of the Teach Na Monagh, 2 Monagh Grove; the Dundela Football Athletic and Social Club, Wilgar Street and the Suffolk Inn, 12-14 Suffolk Road.

The Committee was reminded that, on 22nd July, 2014, the then Minister for the Environment, Mark H. Durkan MLA, had announced the review of the Entertainments Licensing regime as the current legislation had been in place for almost thirty years.  He had invited representatives from various interested groups (the Entertainment Licensing Review Group) to look at the current legislation and make recommendations and changes that it considered should be made.  Representatives of both the Building Control and Legal Services had been closely involved in the review and had played a key role in the Review Group.

            He reported that a response to the Department’s consultation on the review of Entertainments Licensing legislation had been agreed by the Committee and forwarded to the Department on 26th June, 2015. Further to that, the Committee, at its meeting on 20th January, had agreed that a letter be forwarded to the Minister for the Environment requesting an update on the progress with the review.  In a response dated 1st March, the Minister had advised that he had considered the comments made during the public consultation and would publish a departmental response in due course.  That response, which consisted of a copy of the synopsis of responses which were received across the Province, had been received on 10th March 2016 and stated that the Department would prepare further, more detailed, proposals which would be the subject of a public consultation later in the year.

            The Assistant Building Control Manager stated that, following the May Assembly Elections, responsibility for the review of the licensing legislation now fell within the remit of the Department for Communities and, therefore, suggested that the Committee might wish to write to the Minister Mr P. Givan, requesting an update on the progress with the review of Entertainments Licensing and when his Department would be in a position to commence a public consultation on more detailed proposals to amend the legislation.

            The Committee agreed to the foregoing suggestion.

            The Committee agreed also that the Minister be requested that the regulated entertainment included in all licensing applications which referred to circuses should forbid the use of animals and that the Minister be requested also to review the sentencing guidelines for breaches of the entertainments licensing legislation.

The Committee was reminded that the Institute of Licensing was a professional body for licensing practitioners in local government, the police, private sector, trade and the legal profession.  The Institute was established to provide education and training and to disseminate knowledge in all matters relating to licensing.  It operated throughout England, Wales, Northern Ireland and Scotland.  This year the Institute would hold its National Training Event at the Holiday Inn Hotel, Stratford-Upon-Avon from Wednesday 16th till Friday 18th November and it was recommended that the Committee authorise the Chairperson, the Deputy Chairperson, the Director of Planning and Place and the Building Control Manager (or their nominees) to attend the event.  The Committee was reminded also that Belfast was a Corporate Member affiliated to the Northern Ireland Region of the Institute and that Mr. James Cunningham, Building Control Service, was the chairman of the Institute of Licensing (Northern Ireland Region) and a Director and Trustee of the Institute and that the Committee might to wish to consider funding the travel to the conference of Mr. Cunningham in recognition of his work in attaining the position of chairman of the Northern Ireland Branch.  Mr. Cunningham’s residential fee for the event was paid for by the Institute of Licensing.

            The Committee adopted the recommendation and agreed to fund the travel to the conference of Mr. James Cunningham.

The Committee was advised that, following agreement to attend the abovementioned event, it might wish to consider rescheduling the November Licensing Committee meeting in order to facilitate the attendance of the Chairperson and the Deputy Chairperson at the National Training Event as it would coincide with the November meeting which was scheduled to be held on 16th November.

            The Committee agreed to reschedule its meeting in November to an alternative date to be agreed in consultation with the Chairperson.