Agenda and minutes

            The minutes of the meeting of 17thAugust 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 September, 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 licences/permits which had been issued under the Council’s Scheme of Delegation.

            Annex Bar, 480 - 482 Shore Road

            Chester Park Inn, 466 - 468 Antrim Road

            Sliabh Dubh, 79 Whiterock Road

            Corner House, 167 - 177 Oldpark Road

            The Building Control Manager reminded the Committee that, under the provisions 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.

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

·        Annex Bar (renewal of Entertainments Licence) – the licensee had, on 24th April, 2012, been convicted of having a locked final exit and had been fined £800 and ordered to pay £72 in costs;

·        Chester Park Inn (renewal of Entertainments Licence) – the applicant had, on 22nd March, 2016, received a conditional discharge for providing entertainment in an outdoor area without an Entertainments Licence;

·        SliabhDubh (renewal of Entertainments Licence) – the licensee had, on 8th March, 2016, been fined £200 and ordered to pay £69 in costs for having a locked final exit and obstructing a means of escape at another venue; and

·        Corner House (grant of Entertainments Licence) – the applicant had, on 13th September, 2016, received a conditional discharge for providing entertainment whilst his previous licence had expired.  

            The Building Control Manager reported that, following those offences, officers had met with the licensee of each premises in order to review their management procedures and were now satisfied that they were operating in accordance with the Entertainments Licensing legislation.  He added that no written representations had been received in relation to the applications and that the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had offered no objections.

            The Committee agreed, in its capacity as Licensing Authority, to renew Seven-Day Annual Indoor Entertainments Licences in respect of the Annex Bar, 480 - 482 Shore Road, the Chester Park Inn, 466 - 468 Antrim Road and Sliabh Dubh, 79 Whiterock Road

and to grant aSeven-Day Annual Indoor Entertainments Licence in respect of the Corner House, 167 - 177 Oldpark Road.

            Arising from discussion around the level of penalties associated with some of the aforementioned applications, the Committee agreed that a report be submitted to a future meeting providing information on breaches and associated convictions and penalties resulting from inspections which had, during the past five years, been undertaken by Council officers under the Entertainments Licensing legislation. The Committee agreed also that the report should outline the enforcement approach undertaken by the Council, depending upon the nature of the offence detected, together with proposals for enabling it to review those applications where there had been a conviction for a breach of the legislation which had posed a serious risk to the safety of patrons.

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of Main Issues

1.1       To consider an application from Mr. Lawrence Bannon of Tobar Inns Limited for permission to provide entertainment to 3.00 am at The Marcus Ward.

1.2       Mr Bannon is also the licensee for Villa, 2-16 Dunbar Street, Belfast, BT1 2LH. 

1.3      A copy of the application form and a location map has been forwarded to Members.

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 to provide entertainment to 3.00 am, or

2.     approve the application to provide entertainment to 3.00 am with special conditions, or

3.     refuse the application to provide entertainment to 3.00 am.

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 County Court. In the case that the applicant subsequently decides to appeal, entertainment may not be provided to the later hour until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       Members are advised that this premises was previously known as Stiff Kitten and it held an Entertainments Licence until 31st March 2014 before ceasing trading. Previously entertainment was permitted on Monday to Saturday from 11.30 am to 3.00 am and on Sunday from 12.30 pm to 3.00 am.

3.2       The areas where entertainment is provided are as follows:

·        Public Bar, with a maximum capacity of 520 persons

·        Dance Club, with a maximum capacity of 360 persons

3.3       The applicant has applied to provide entertainment on the following days and hours:

·        Monday to Saturday: 11.30 am to 3.00 am the following morning, and

·        Sunday: 12.30 pm to 3.00 am the following morning.

3.4       Members are reminded that applications to provide entertainment later than 1.00 am are subject to consideration by Committee.

3.5       The applicant has advised that the premise will operate as a public bar and nightclub with indoor entertainment being provided in the form of DJs and live bands.

3.6       Layout plans of the premises have been made available to the Committee.

            Representations

3.7       Public notice of the application was placed and an objection was received by email within the 28-day period from the property management company acting on behalf of the residents and shareholders of Park Avenue Apartments, Bankmore Street. The nature of the objection related to concerns when entertainment was provided in the venue, previously known as Stiff Kitten, such as:

1.     noise pollution, especially at closing time.

2.     antisocial behaviour, especially at closing time

3.     abusive and violent behaviour directed toward apartment residents and visitors

4.     revellers urinating and vomiting at private entrance  ...  view the full minutes text for item 6.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       The Committee is reminded that, at your meeting on 15th June, it considered an application for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (‘the 1985 Order’).

1.2       After consideration, the Committee, in its capacity as Licensing Authority, agreed that it was minded to refuse the application on the grounds that it fails to comply with the Council’s Amusement Permit Policy.

1.3       However, the Committee also noted that, in accordance with the Order, the applicant would be afforded the opportunity to make representation to the Committee regarding its decision at a future meeting.

1.4       A copy of the minutes from the meeting on 15th June has been forwarded to the Committee.

2.0       Recommendations

2.1       The Committee is required to decide, on hearing from the applicant, whether to:

·        approve the application for the grant an Amusement Permit, or

·        refuse the application for the grant of an Amusement Permit.

2.2       If, subsequent to hearing the applicant, you refuse the application, or decide to grant the application subject to discretionary conditions, the applicant may appeal that decision to the County Court.

3.0       Main Report

            Key Issues

3.1       The current policy, dictated by the governing Order, is that the Committee, in considering the application, must afford the applicant the opportunity to make representations at a specified Licensing Committee meeting on the matter before making a final determination of the application.

            Amusement Permit Policy

3.2       Members are reminded that the Council’s Amusement Permit Policy outlines those matters which may be taken into account in determining any application and indicates that each application must be assessed on its own merits.

3.3       In considering this application at your meeting in June two of the five criteria set out in the Policy, which should be considered when assessing the suitability of a location for an amusement arcade, were not met. These are detailed below:

            Cumulative build-up of Amusement Arcades in a Particular Location:

3.4       In addition to the existing Players arcade at No. 22 Shaftesbury Square, which forms part of this application, there is another amusement arcade operator on this commercial frontage, namely Oasis Gaming. It operates from a number of units located at 14 Shaftesbury Square and 1-7 Donegall Road. This amounts to the largest concentration of Amusement Centres found within a commercial block in Belfast.

3.5       In the desire to promote retailing and regeneration in the City Centre, as per the first key objective of the Amusement Permit Policy, the Council is keen to avoid a clustering of Amusement Centres at a given location. Accordingly, it restricts new openings to one per commercial frontage and one per shopping centre. It also restrictsthe ground floor extension of an existing establishment into an adjoining unit.

3.6       While the Council recognises that  ...  view the full minutes text for item 7.

            (Prior to this matter being discussed, 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 this 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 Divisional Solicitor reminded the Committee that, at its meeting on 18th May, 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 until such time as the outcome of a prosecution arising from an alleged incident which had taken place within the premises in March, 2015 had been determined.  

            She reported that that case had since been adjourned and that the applicant had, earlier that day, submitted correspondence from his accountant which had highlighted the detrimental impact which any continued delay in considering the application for the renewal of the Entertainments Licence would have upon his business. The applicant had requested an opportunity to appear before the Committee in order to outline in greater detail the issues which had been raised within the correspondence, with a view to having his application expedited.

            The Committee agreed that the applicant and/or his representatives be invited to attend its next monthly meeting for that purpose.

            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 Cafes Act (NI) 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       The purpose of this report is to outline progress to date and to:

·        provide an update on engagement with our stakeholders;

·        outline the fees setting process;

·        review the role of Committee in the decision making process; and

·        seek an agreed interim position on enforcement from 1st October.

2.0       Recommendation

2.1       The Committee is requested to note the content of the report and take such action as may be required arising from discussion at the meeting.

3.0       Main Report

            Key Issues

3.1       Members are reminded that the Department for Social Development (‘DSD’), after it had carried out an appraisal of the impact of pavement cafés in Northern Ireland, concluded that a common, clear and transparent legislative framework would be required in order to enable a café culture to develop and hence the Licensing of Pavement Cafés (Northern Ireland) Act 2014 (‘the Act’) was introduced in the Northern Ireland Assembly.

3.2       The legislation makes provision for the regulation by district councils of the placing in public areas of furniture for use for the consumption of food or drink and comes into force on 1st October 2016.

3.3       The Service is mindful of the businesses which are currently placing tables and chairs on the pavement in the City and are very keen to develop a fair and reasonable approach to the enforcement and administration of the legislation within Belfast; an approach which is similarly shared by officers in the other Councils with whom we have been engaging. 

3.4       Through the Licensing Forum Northern Ireland, officers have been examining the operational issues that introducing the Act will create for local government and exploring ways to reduce the administrative burden on business. Officers from the Building Control Service have taken a lead role in this work.

            Planning Permission

3.5       One aspect that has been discussed relates to the need for planning permission for a pavement cafe. Should a planning application be required, this will result in a significant increase in the cost to businesses and may, potentially, act as a deterrent to applying for a Pavement Café licence, thus negating the intent of the legislation.

3.6       Despite discussions with the Heads of Planning Group, we have been unable to establish a unanimous view in this regard, as the requirement for planning permission will depend on a number of factors, including the scale and degree of the proposed development.

3.7       The Licensing Forum has brought this matter to the attention of The Society of Local Authority Chief Executives (Solace), suggesting that it write to the Minister for Infrastructure requesting that the Planning Order be amended to provide permitted development rights for Pavement Cafes. This would clarify the situation  ...  view the full minutes text for item 10.

            The Committee noted the contents of a report which provided information on those venues across the City which held an Outdoor Entertainments Licence and/or a Marquee Entertainments Licence, on events which had, since 2012, been licensed to take place beyond the standard hours of 11.00 p.m. within those venues and on licensing arrangements for similar venues across a number of other councils in Northern Ireland.