Agenda and minutes

            In the absence of the Chairman and the Deputy Chairman, the Committee agreed that Alderman Spence take the Chair.

(Alderman Spence in the Chair)

            Having been informed of the recent death of the mother of Mr. S. Hewitt, Building Control Manager, the Committee agreed that a letter expressing its condolences and deepest sympathy be forwarded to him.

            Apologies were reported on behalf of the Chairperson (Councillor Armitage) and the Deputy Chairperson (Councillor Heading).

            The minutes of the meeting of 21st September 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 October, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            The Deputy Lord Mayor, Councillor Campbell, declared an interest in respect of Item 2h – Renewal of a Seven-day Annual Entertainments Licence - El Divino, May’s Meadow and left the meeting whilst it was under consideration.

            The Committee noted a list of licences and permits which had been issued under the Council’s Scheme of Delegation.

            The Building Control Manager informed 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 the following applications which had been received for the renewal of Seven-Day Annual Indoor Entertainments Licences:

·        Red Devil Bar, 194 - 198 Falls Road- the licensee had, on 11th February, 2014, been convicted of having a locked roller shutter on a final exit and of failing to have the log book for recording pre-event checks available for inspection and had been fined £500 and ordered to pay £69 in costs; and

·        Wolf and Whistle, 67 – 71 Andersonstown Road (formerly the Whitefort Inn)– the applicant had, on 28th June, 2016, been fined £600 and ordered to pay costs of £69 arising from the following offences:

·        one leaf of a final exit had been closed and been screwed to the doorframe;

·        a fire door had been wedged open;

·        a fire door/wall had been providing inadequate fire protection;

·        fire safety signage had not been illuminated;

·        a designated means of escape had been obstructed; and

·        the log book for recording pre-event checks had not been

                                             made available for inspection.

            In terms of previous applications, the Building Control Manager reported that the Committee had, in 2013 and 2015, upon being advised of the conviction relating to the Red Devil Bar, agreed to renew the Entertainments Licence and that the Licence for the Wolf and Whistle had, in the past, been renewed under the Council’s Scheme of Delegation. 

            He explained that, following those offences, officers had met with each licensee in order to review their management procedures and had discussed with them the arrangements in place for ensuring the safety of patrons, performers and staff, particularly in the event of an emergency. Subsequent inspections, which had been undertaken in relation to the current applications, had confirmed that the management procedures within each venue were now being implemented effectively. He confirmed that no written representations had been received in relation to the applications and that the Police Service of Northern Ireland had offered no objections.

            The Committee agreed, in its capacity as Licensing Authority, to renew the Seven-Day Annual Indoor Entertainments Licences in respect of the Red Devil Bar, 194 - 198 Falls Road and the Wolf and Whistle, 67 – 71 Andersonstown Road.

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

            The Building Control Manager reported that the premises currently held an Indoor Entertainments Licence which permitted it to offer entertainment in the ground floor bar from Monday to Sunday till 3.00 a.m. The applicant was seeking approval to provide entertainment, in the form of an amplified 1 – 2 piece band, on those nights till 1.00 a.m. within an outdoor smoking area which was situated in Bank Square, to the front of the premises. Should the application be approved, there would be no overall increase in the venue’s overall maximum occupancy figure of 100 persons. He informed the Committee that Bank Square was managed currently by the Department for Communities, which held an Outdoor Entertainments Licence and which it utilised at various times throughout the year. The Department had offered no objection to the application, providing that the applicant planned her events in such a way as to prevent them from coinciding with those which it organised and that all statutory requirements were met. Since the area was not licenced for the sale of alcohol, the applicant would be obliged to apply for an Occasional Liquor Licence, when required. No written representations had been received in relation to the application and the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had offered no objection. 

            He pointed out that, during the past year, four inspections of the venue had been undertaken by officers of the Building Control Service whilst indoor entertainment had been taking place, three of which had revealed that it was being operated in accordance with the Entertainments Licensing legislation. On the other occasion, the issues which had been identified around fire safety signage and a supervisor’s knowledge of the evacuation procedures had been resolved upon being brought to the attention of the applicant.  The Building Control Manager added that the Council’s Environmental Protection Unit had, during the past twelve months, received no complaints in relation to noise disturbance and that it had approved an acoustic report which outlined the measures to be put in place to minimise noise nuisance to neighbouring premises. However, that report might, in future, need to be reassessed in view of a recent decision to grant planning permission for a hotel development on an adjacent vacant site.

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-day Annual Outdoor Entertainments Licence for Kelly’s Cellars, 30-32 Bank Street, with entertainment being permitted to take place on each night of the week from 7.00 p.m. till 1.00 a.m. within the smoking area located in Bank Square, with special conditions to be attached to the licence regarding the appropriate noise levels to be adhered to.

            The Building Control Manager informed the Committee that the licensee of the Bullit Hotel had been granted recently, under the Council’s Scheme of Delegation, a Seven-day Annual Indoor Entertainments Licence. That licence permitted entertainment, in the form of a DJ and live bands, within the café bar, the lobby bar and the restaurant area from Monday to Saturday till 1.00 a.m. and on a Sunday till midnight.

            He reported that the licensee had now submitted an application seeking, firstly, to extend the hours during which indoor entertainment could be provided on a Thursday, Friday and Saturday night till 3.00 a.m. and, secondly, the grant of a Seven-day Annual Outdoor Entertainments Licence, to allow for entertainment within an outdoor terrace/smoking area and had requested that the hours of operation be the same for each licence.

            He confirmed that no written representation 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 objection. The Building Control Service had, as part of the application process, undertaken a number of inspections, all of which had revealed that all technical requirements had been met and that all operational and management procedures were in place. Further inspections would be conducted whilst entertainment was taking place to ensure that the applicant was adhering to the Entertainments Licensing legislation. He added that an acoustic report, setting out measures to be implemented to minimise noise disturbance to adjacent properties, was being assessed currently by the Council’s Environmental Protection Unit and that the Outdoor Entertainments Licence, if granted, would not be issued until all noise levels had been agreed and verified.

            The Committee agreed, in its capacity as Licensing Authority, to extend the standard hours on the Seven-day Annual Indoor Entertainments Licence for the Bullit Hotel, 40A Church Lane and to grant a Seven-day Annual Outdoor Entertainments Licence for the premises’ outdoor terrace/smoking area, with the hours of operation under the indoor and outdoor licences now being as follows:

·        Monday to Wednesday from 11.30 a.m. till 1.00 a.m. the

following morning;

·        Thursday to Saturday from 11.30 a.m. till 3.00 the following

morning; and

·        Sunday from 12.30 p.m. till midnight.

            The Committee agreed that a special condition be attached to the Outdoor Entertainments Licence for the outdoor terrace/smoking area regarding the appropriate noise levels to be adhered to.

            The Committee was advised that competing applications had been received from two persons wishing to trade from a designated site in Donegall Street, opposite the Kremlin nightclub. The Building Control Manager reviewed the applications, one of which had been submitted by the current licence holder, Mr. S. McCallum, who had applied to sell from a hot food trailer hot food and non-alcoholic beverages from Monday to Sunday between the hours of 9.00 p.m. and 4.00 a.m. His business was registered currently by the Council and had been awarded a rating of 3 under the Food Hygiene Rating Scheme.

            The second applicant, Ms. L. Swift, was seeking also to sell from a hot food trailer hot food and non-alcoholic beverages from Monday to Sunday between the hours of 9.00 p.m. and 3.00 a.m. Her business was registered currently by Ards and North Down Borough Council and held a food hygiene rating of 5. 

            The Building Control Manager confirmed that both applicants were in attendance, should the Committee wish to obtain clarification on their proposals for the site.

            The Committee agreed that it would be beneficial to hear from each of the applicants and Mr. S. McCallum and Mrs. L. McCallum were welcomed firstly by the Chairperson.

            Mr. McCallum informed the Members that he had been trading at the location for approximately fourteen years and that he had created no difficulties for the Police Service of Northern Ireland or for others. He pointed out that, at the end of each night’s trading, he methodically cleansed both sides of the street in the vicinity of his trailer, which included an area to the front of a church. He concluded by circulating for the Committee’s information letters from a representative of that church and from a nearby business, both of which were supporting his application. Mrs. McCallum highlighted the fact that the business provided a longstanding and reputable service for night-time customers attending local entertainment venues and urged the Committee to grant her husband’s application. 

            The Chairperson then invited Ms. L. Swift, the second applicant, who was accompanied by Mr. D. Sloan, to make her submission.

            Ms. Swift informed the Committee that she had been unaware, when submitting her application, that Mr. McCallum had been trading at that location for a considerable period of time. In light of that, she confirmed that she would be willing to consider other suitable sites which might be available.

            The Chairperson thanked the applicants for their contribution. 

            After discussion, the Committee agreed, in its capacity as Licensing Authority, that it was minded to grant to Mr. S. McCallum a Stationary Street Trading Licence permitting him to sell hot food and non-alcoholic beverages from Monday to Sunday between the hours of 9.00 p.m. and 4.00 a.m., at a designated site in Donegall Street, opposite the Kremlin nightclub, on the basis that he had been trading at that location since 2000 and that the other applicant had indicated that she would be willing to consider an alternative site.

            As a  ...  view the full minutes text for item 10.

            The Committee was informed that an application had been received from Mr. N. Rules for the grant of a Mobile Street Trading Licence, which would permit him to sell confectionery, groceries, non-alcoholic beverages and tobacco products within the Poleglass and Twinbrook areas of the City. Mr. Rules was proposing to operate his business from Monday till Sunday between the hours of 2.00 p.m. and 10.00 p.m. Neither Transport NI nor the Police Service of Northern Ireland, who had been consulted on the application, had offered any objections.  

            The Building Control Manager explained that the Street Trading Act (Northern Ireland) 2001 made provision for the Committee, in certain circumstances, to refuse an application on account of an applicant’s misconduct or some other reason relating to their trading activities. With that in mind, he drew the Committee’s attention to the fact that the applicant had, in March, 2016, been convicted of contravening the Children’s and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 and the Tobacco Advertising and Promotion Display Regulations (Northern Ireland) 2012 and had been fined a total of £100 and ordered to pay £69 in costs.

            After discussion, the Committee agreed, in its capacity as Licensing Authority, to grant to Mr. N. Rules a Mobile Street Trading Licence permitting him to sell confectionery, groceries, non-alcoholic beverages and tobacco products within the Poleglass and Twinbrook areas of the City.     

            (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 Committee was reminded that, at its meetings on 20th April and 18th May, it had agreed to defer consideration of an application for the renewal of an Entertainments Licence in respect of Thompsons Garage, Patterson’s Place, pending the outcome of a prosecution arising from an alleged incident in the premises on 12th March, 2015.

            The Committee was reminded further that, at its meeting on 21st September, it had agreed that the applicant should be afforded an opportunity to attend its next meeting to provide further details regarding the issues which had been raised by his accountant around the detrimental impact which any continued delay in considering the application would have upon his client’s business.

            The Divisional Solicitor reported that it was her understanding that the court case had been adjourned on two occasions and that a subsequent contested hearing had not proceeded due to the non-attendance of a prosecution witness. That case had now been listed for hearing on 25th November. She explained that the Committee was being requested to decide, in the first instance, if it wished to affirm its previous decisions to defer the application until the prosecution had been concluded. She suggested that, in advance of making that decision, it would be prudent for the Committee to hear not only from the applicant but also from the objector, who was also in attendance and who was seeking to provide additional information around the reasons for the deferral of the case. 

            The Committee agreed to adopt that course of action and Mr. S. Boyd, a Director of Endless Music Limited, the applicant company, together with Mr. L. Murray, his legal representative and Mr. J. Morgan, Panther Purchasing, were welcomed by the Chairperson.   

            Mr. Murray informed the Members that Thompson’s Garage had been trading for more than twenty years and that it generated employment and made a valuable contribution to the local night-time economy. However, the uncertainty around the renewal of the Entertainments Licence had created significant economic difficulties for the company, as had been highlighted by the company’s accountant. He pointed out that, this year, the company had made a substantial investment in purchasing its existing property and in acquiring two adjoining properties, as part of an overall expansion of the business. An outdoor terrace area had since been constructed, which provided patrons with access onto Upper Arthur Street, rather than Patterson’s Place, which had created difficulties in past. However, whilst a Liquor Licence had been obtained for that area, it could not be utilised for entertainment until the  ...  view the full minutes text for item 12.

            (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 item.

            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 20th April, it had agreed to renew an Annual Indoor Entertainments Licence for El Divino, May’s Meadow and to attach to the Licence the following conditions:

i           entertainment shall be permitted to take place only on a Friday and Saturday or on any Bank Holiday or Public Holiday that falls on any day other than a Friday or Saturday;

ii          entertainment may be provided from 11.30 a.m. to 3.00 a.m. the following morning on those days;

iii         when the maximum occupancy level of the premises is reached,  the current arrangement for dispersing patrons from each of the licensed areas on a phased basis will be maintained; and

iv        quarterly meetings shall be held, if required, between the Building Control Service, the licensee, residents, the St. John’s Wharf Management Company, the Police Service of Northern Ireland and other relevant parties.

            She reported that the licensee had, subsequently, lodged with the Recorder’s Court an appeal against conditions (i) and (ii) of that decision and that the case was due to be heard on 16th November. In advance of that, she had obtained the opinion of Counsel, which had highlighted mitigating circumstances which could, in their view, provide the licensee with a reasonable case to have those two conditions removed from the Entertainments Licence. The Divisional Solicitor had deemed it appropriate to draw that opinion to the attention of the Committee and she sought its approval to enter into negotiations with the licensee’s legal representative and, if considered to be in the best interests of the Council, to agree terms of settlement.

            The Committee granted the approval sought.

            The Committee approved the following schedule of meetings for the Licensing Committee during 2017, with the meetings to commence at 5.00 p.m.:

            Wednesday, 18th January;

            Wednesday, 15th February;

            Wednesday, 15th March;

            Wednesday, 19th April;

            Wednesday, 17th May;

            Wednesday, 21st June;

            No meeting in July (Council in recess)

            Wednesday, 16th August;

            Wednesday, 20th September;

            Wednesday, 18th October;

            Wednesday, 15th November; and

            Wednesday, 13th December.

            The Committee considered the undernoted report and accompanying response in respect of the Committee for Communities’ consultation on the Licensing and Registration of Clubs (Amendment Bill):

“1.0     Purpose of Report/Summary of main Issues

1.1       Members may be aware of the Licensing and Registration of Clubs (Amendment) Bill (hereinafter referred to as the Bill), which was formally introduced to the Northern Ireland Assembly by the Department for Communities on 19th September, 2016.

1.2       A summary of the key areas of the Bill are as follows:

·        to place restrictions on the advertising of intoxicating liquor in supermarkets and off sales premises;

·        to introduce occasional additional late opening for certain licensed premises and modest changes to the Easter opening hours for certain licensed premises and registered clubs;

·        to extend ‘drinking-up’ time for a trial period of one year in licensed premises and registered clubs;

·        to align intoxicating liquor and entertainment licences in licensed premises;

·        to remove requirement for children’s certificates in licensed premises and registered clubs;

·        to permit underage functions in licensed premises and registered clubs provided certain conditions are met;

·        to require licensed restaurants to display a notice in relation to their licence conditions;

·        to place a requirement on delivery persons to record details of identification shown (if there is any doubt that the person to whom the alcohol is delivered is not 18 years of age or over);

·        to permit formal approval for codes of practice on responsible retailing; and

·        to make some other minor changes to the law affecting private members’ clubs.

1.3       The Council has been invited to make written submission and provide evidence on the Bill, as have other councils across NI. However, the Service only received notification of this after your meeting in September. The closing date for responses is 19th October 2016.

1.4       Following approval by the Assembly at the Second Stage on 27th September, 2016, the Bill has now been referred to the Committee for Communities, which has responsibility for the Committee Stage of the Bill.

1.5       The Bill, and supporting documentation is available at: 

            http://www.niassembly.gov.uk/assembly-business/committees/communities/legislation/

1.6       Members will be aware that the current legislation regarding liquor licensing is the Licensing (NI) Order 1996 and the Registration of Clubs (NI) Order 1996, which are the responsibility of the Department for Communities.

1.7       Members may also be aware that, in 2012, the Council was consulted and provided a response to a similar Bill regarding proposed changes to the liquor licensing laws by the then Minister for Social Development, Mr Nelson McCausland. The Council’s response to that Bill has been circulated to the Committee.

1.8       Members will also be aware that there was reference made to aligning entertainment licensing hours to liquor licensing hours in the recent consultation on the review of entertainment licensing. The relevant extract of the Committee’s response to that consultation has been forwarded to the Committee.

2.0      Recommendation

2.1       The Committee is requested to consider the draft report before the Committee and agree the submission of the Council response subject to any  ...  view the full minutes text for item 16.