Agenda and minutes

            The Chairperson welcomed Councillor Milne, who had recently replaced former Councillor Brown on the Council, to her first meeting of the Committee. 

            Apologies for inability to attend were reported on behalf of the Deputy Lord Mayor (Councillor Campbell), Alderman McCoubrey and Councillor Heading.

            The minutes of the meeting of 10th November 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 December, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor McConville declared an interest in respect of the application for the Grant of a Seven-day Annual Indoor Entertainments Licence for the Hawthorn Bar, 1-3 Hawthorn Street, in that she had been involved in discussions with the objectors to the application, 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 an application had been received for the grant of a Seven-day Annual Indoor Entertainments Licence in respect of the Hawthorn Bar, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that the Building Control Service had received, outside the twenty-eight day statutory period, a petition consisting of ten signatures, objecting to the grant of the licence. He outlined the nature of the objections and pointed out 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 timeframe, as was the case with this application, it could exercise its discretion and agree to consider the objection, although it did not have a duty to do so.

            During discussion, a Member highlighted the fact that the objectors had had twenty-eight days in which to submit their objections to this application and suggested that the Committee should not take them into account. He suggested also that the Committee should, in future, adopt that approach for similar applications, with a view to expediting the application process. However, the point was made that many venues across the City were located within a residential area and that the Committee had a responsibility to ensure that issues, such as those which had been highlighted in relation to the Hawthorn Bar, were addressed fully. 

            In response, the Building Control Manager confirmed that the objectors had been engaged in discussions with the applicant, community representatives, the Council and the Police Service of Northern Ireland, aimed at resolving issues around the operation of the premises. However, those had failed to be addressed to their satisfaction, which might explain their delay in submitting their written representation. 

            The Divisional Solicitor explained that, whilst the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 permitted the Committee to exercise its discretion and consider objections which had been received outside the twenty-eight day statutory period, it was, ultimately, a matter for it to decide whether or not to do so. However, she suggested that the Committee should bear in mind a House of Lords appeal decision which, in 2007, had upheld the Council’s decision to refuse an application for a sex establishment licence, which had stated that it would be perverse if relevant information could not be taken into account, just because it had been received outside the statutory time period.

After further discussion, it was

Moved by Councillor Hutchinson,

Seconded by Councillor Magennis,

      That the Committee, in its capacity as Licensing Authority, agrees not to take into consideration the representation relating to the Hawthorn Bar, on the basis that it had been received outside the twenty-eight day statutory period and, accordingly, agrees to grant a Seven-day Annual Indoor Entertainments Licence for the venue.

On a vote by show of  ...  view the full minutes text for item 6.

            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 take into account any convictions of the applicant relating to an offence under the Order which had occurred within a five-year period immediately preceding the date on which the application had been made.

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

·        Failte Restaurant, 147 Falls Road (grant of Entertainments Licence) – the licensee had, on 8th March, 2016, been fined £200 and ordered to pay £69 in costs, following an inspection of another premises under his control, which had revealed that a final exit had been locked shut, impeding a means of escape;

·        Ardoyne Working Men’s Club, 9b Kerrera Street (renewal of Entertainments Licence) – the applicant had, on 28th July, 2015, been convicted of providing entertainment without an Entertainments Licence, which had resulted in a fine of £200 and costs of £66 being imposed;

·        The Cuckoo, 149 Lisburn Road (renewal of Entertainments Licence) – the licensee had, on 26th March, 2013, been fined £400 and ordered to pay £69 in costs, following an inspection of the premises, which had found that an exit door had been locked.

                        He informed the Members that, following those offences, officers had met with each licensee in order to review their management procedures and to ensure that appropriate measures had been put in place to prevent a recurrence. They had discussed with them also the arrangements to be put 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 pointed out 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 Building Control Manager concluded by confirming that the Committee had,  whilst considering previous applications for the renewal of the Entertainments Licences for the Ardoyne Working Men’s Club and for The Cuckoo, been advised of the aforementioned convictions and that it had, on each occasion, agreed to renew the licences.

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-Day Annual Indoor Entertainments Licences in respect of Failte Restaurant, 147 Falls Road and to renew the Seven-Day Annual Indoor Entertainments Licences for the Ardoyne Working Men’s Club, 9b Kerrera Street and The Cuckoo, 149 Lisburn Road.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To inform the Committee that the Department for Infrastructure (‘the Department’) has begun the legislative process which will commence, on 1st January, 2017, those parts of the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (the Act) relevant to the holding of special events on roads.

1.2       From that date, councils will assume responsibility for dealing with requests to hold special events on all public roads apart from special roads (which are mainly motorways) for which the Department assumes responsibility.

2.0       Recommendation

2.1       The Committee is requested to note the contents of this report and that proposals will be presented at a future meeting regarding its role in determining applications for an Order to temporarily prohibit or restrict the use of public roads in connection with special events.

2.2       A report outlining fee charging options will also be presented to you at a future meeting for your consideration.

3.0       Main Report

            Key Issues

3.1       The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 received Royal Assent on the 13th August, 2010 but has yet to be commenced.

3.2       Currently, there is no statutory basis to close roads for special events. At the moment, the PSNI close any road being used to hold an event, such as the Christmas Light Switch-on, but this has been done on the basis of their general powers for public safety and to protect the safety of road users.

3.3       The legislation will provide councils with the power to prohibit or restrict traffic using roads to facilitate special events taking place on roads.

3.4       The Act defines special events as any sporting event, social event, entertainment or the making of a film which is held on a public road.

3.5       From 1st January 2017, a person wishing to close a public road for a special event will be required to apply to the council and, after public notification and consultation with various statutory bodies including the PSNI and NIFRS and, after receiving the consent of the Department, the council will determine if a Road Closure Order is to be made.

3.6       The Department, through Transport NI, will still maintain responsibility for the closure of special roads, such as motorways and the Westlink.

3.7       Members may recall that the legislation was previously planned to commence in 2013 and at a meeting of the Licensing Committee on 20th March, 2013 it was agreed that the Council be recommended to delegate authority to the Licensing Committee to determine all applications under the Act for an Order to temporarily prohibit or restrict the use of public roads in connection with special events.

3.8       The Committee agreed also that the need for the Committee to consider all applications be reviewed one year after the commencement of the Order; and that those provisions would come into operation upon publication of the Commencement Order by the DRD, at that time.

3.9       The Committee also  ...  view the full minutes text for item 9.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider a variety of options regarding the appropriate level of fees Belfast City Council may charge for a Pavement Café Licence.

2.0       Recommendations

2.1       The Committee is requested to consider the contents of the report and:

1.     choose which fee charging option you consider most appropriate to introduce for a Pavement Café Licence, or

2.     determine appropriate fees for a Pavement Café Licence, arising from your discussions on the various options presented.

3.0       Main Report

            Key Issues

3.1       Members will recall that, at your meeting on 10th November, you considered the outcome of the public consultation on the proposed fees for a Pavement Café Licence and the period for which they should be granted.

3.2       At that meeting, the Committee agreed to defer until its next meeting consideration of the fees, to enable officers to consider in greater detail the charging structure which had been proposed by Alderman Spence and to review the costs to be incurred by the Building Control Service in administering the Pavement Café licensing process, with a view to formulating further options, which should take into account the comments which had been received during the public consultation exercise from Belfast City Centre Management (BCCM).  

3.3       A copy of the minute from that meeting has been circulated.

3.4       Below is a summary of the proposed fees which you provisionally agreed at your meeting on 15th June:

3.5       The table below is an extract from the report of 15th June, which illustrates how the average annual cost of a licence reduces the longer the period for which a licence is granted.

            Fee Options

3.5       A number of fee charging options are outlined below for consideration following your previous meeting.

            OPTION 1

3.7       As this is a new piece of legislation, we have worked with officers from other councils to agree reasonable application processing times based on our collective experience in dealing with other types of licences administered. Every task in the process was carefully considered and an estimated time for completing that task established.These times formed the basis for costing the original fees proposed.

3.8       By far the largest expense identified in dealing with the pavement café licensing scheme arises from the tasks associated with the application for the grant of a new licence. We have critically re-visited these estimated times and identified some areas where processes could be streamlined in an effort to reduce costs.

3.9       It should be stressed however that we are still basing costs on estimated processing times and it is proposed  ...  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       This report is to enable Members to determine the standard conditions considered appropriate to attach to licences issued under the Licensing of Pavement Cafés Act (NI) 2014.

2.0       Recommendations

2.1       The Committee is requested to consider the proposed standard conditions of licence to be attached to Pavement Café Licences, as outlined in the attached appendix, and agree that:

1)     they be adopted, or

2)     they be adopted in accordance with any amendments deemed necessary, and

3)     that a condition prohibiting the consumption of alcohol when using furniture on the area covered by the licence will only be attached to that licence if:

                                                         i.          representations are received that the consumption of intoxicating liquor when using furniture on the area covered by the Pavement Café Licence would be likely to result in disorder, and

                                                       ii.          after consideration by the Committee it is determined that the condition is attached to that specific licence, or

                                                      iii.          if the premises specified in the licence are premises licensed under the Licensing Order of a kind mentioned in Article 5(1)(b) of that Order (i.e. off-licences).

2.2       As these decisions are not a delegated function of the Licensing Committee, any decision will be subject to ratification by Council.

3.0       Main Report

            Key Issues

3.1       The Licensing of Pavement Cafés Act (NI) 2014 (‘the Act’) came into operation on 1st October, 2016.

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.

3.3      DSD, now the Department for Communities, when introducing the Act, stated that its aim was to create ‘light touch’ legislation aimed at encouraging the creation of a café culture.

            General Conditions of a Licence

3.4       The Act requires that a Pavement Café Licence must include a condition requiring temporary furniture not to be placed on any public area other than the area covered by the licence.

3.5       The Act also permits that a council may specify in a Pavement Café Licence such other conditions as it considers reasonable, and these may in particular include conditions –

                                               i.          limiting the furniture which may be placed on the area covered by the licence by reference to the kind, amount, size or nature of the furniture;

                                             ii.          limiting the days or times when the furniture may be on that area;

                                            iii.          for ensuring that adequate arrangements are made for storing the furniture when not on that area;

                                            iv.          regulating the arrangements for payment to the council of fees;

                                             v.          for ensuring that such insurances and indemnities as may be specified in the licence are put in place;

                                            vi.          requiring the council to be notified of such matters as may be specified in the licence;

                                          vii.          requiring the surrender of any other pavement café licence in respect of the premises.

3.6       Members are asked to consider the proposed standard conditions set out in the attached appendix  ...  view the full minutes text for item 11.

The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1        The purpose of this report is to consider the scope of the Licensing Committee in the decision making process relating to the licensing of Pavement Cafés and to consider proposed amendments to the Scheme of Delegation.

2.0       Recommendations

2.1       As these decisions are not a delegated function of the Licensing Committee, the Committee is requested to agree that:

1.     the Licensing Committee assumes responsibility for determining all matters under the Licensing of Pavement Cafés Act (NI) 2014, with the exception of those which have been delegated to the Director of Planning and Place;

2.     the Scheme of Delegation be amended, as outlined in paragraph 3.20; and

3.     that feedback from Members will be incorporated into a subsequent report to the Strategic Policy and Resources Committee on the amendments proposed.

2.2       Any decision of Committee in relation to amendments to Standing Orders or the Scheme of Delegation will be subject to ratification by the Council.

3.0       Main Report

            Key Issues

3.1       Members are reminded that the Department for Social Development, after they 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 Act (NI) 2014 (‘the Act’) came into operation on the 1st October 2016.

3.2       A copy of the Act has been circulated to the Committee.

3.3       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.

3.4       The Service is mindful of the businesses that 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. 

3.5       The DSD, now the Department for Communities, when introducing the Act stated that its aim was to create ‘light touch’ legislation aimed at encouraging the creation of a Café culture.

3.6       The Role of Committee in the Decision-Making Process

            Due to the regulatory nature of the legislation and that there will be applications submitted under it which may be subject to challenge and public representations, the Council needs to ensure that the necessary governance arrangements, processes and policies are put in place to administer this function and to minimise the potential risks to the Council.

3.7       As Members are aware the Licensing Committee has delegated authority for determining applications in relation to a variety of matters, such as Entertainments Licences, where objections have been received. In addition the Committee is also responsible for determining such other matters of a licensing nature as the Director of Planning and Place, in consultation with the Town Solicitor, deems appropriate.

3.8       Given the licensing/regulatory nature of the Act and the similarities with the role of  ...  view the full minutes text for item 12.