Agenda and minutes

An apology for inability to attend was reported on behalf of Alderman McCoubrey.

            The minutes of the meeting of 14th December 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 January, 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 was reminded that, at its meeting on 17th August, it had considered four applications for Temporary Street Trading Licences to trade on the Boucher Road, during the Tennents Vital event. It was reminded further that the Police Service of Northern Ireland had lodged objections to those applications and that it had been invited to send a representative to that meeting in order to clarify any issues which might be raised. However, no one had attended and, accordingly, the Committee had agreed that a senior representative be invited to a future meeting to discuss issues around representations made by the Police Service in relation to licensing applications.

            It was reported that Inspector D. Hardy and Constable S. O’Hare were in attendance and they were welcomed by the Chairperson.

            Constable O’Hare informed the Members that he had submitted the objections to the four applications for Temporary Street Trading Licences on the Boucher Road. He explained that the Tennents Vital festival had attracted an attendance of between 40,000 and 45,000 patrons and that, in his view, the presence of stalls along parts of the Boucher Road whilst patrons were exiting the venue would have had the potential to create significant problems for the Police Service, particularly in terms of crowd safety and given the limited number of officers who been allocated to that area. 

            Inspector Hardy apologised for the fact that the Police Service had not been represented at the meeting on 17th August, which he indicated had been due to resources across the City being stretched at that time. He accepted that the Council should have been notified in advance of that meeting that no one would be attending and confirmed that, in future, every effort would be made to ensure that, where the Police Service had lodged an objection to an application, a representative would be available and that they had been fully briefed beforehand.

            In response to a question from a Member, Constable O’Hare stated that he had assumed the role of licensing officer for Belfast in May, 2016 and that he had attended three meetings of the Licensing Committee since then.

            In terms of concerns which had been expressed by a Member around the level of resources which the Police Service had allocated to the Tennents Vital festival, Inspector Hardy confirmed that it was normal practice for a risk assessment to be undertaken in advance of such an event and that factors, such as the likely number and the profile of patrons, would be taken into account in determining the level of resources to be allocated. He added that, whilst he had no information to hand on, for example, the number of officers who had been on duty or on the number of arrests, it was his understanding that the festival had been a success and that no major issues had been identified.

            The Building Control Manager explained that the Building Control Service worked closely with the Police Service of Northern Ireland and other key agencies in  ...  view the full minutes text for item 5.

            The Committee agreed to defer until its next meeting a report in respect of proposed fees for Street Trading Licences to enable officers to provide additional information and to examine options for introducing the proposed fees on a phased basis over the term of a licence and for establishing a fee for a licence to cover one day only.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider, under the Local Government Miscellaneous Provisions (NI) Order 1985 (the Order), current enforcement procedures and consideration of Entertainments Licensing applications when the applicant has been convicted of offences under the Order.

1.2       Members will recall that, at your meeting on 21st September, 2016, you 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.

1.3       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.

2.0       Recommendations

2.1       Taking into account the information presented, the Committee is requested to note the content of the report and provide comment and recommendations regarding how Officers deal with the enforcement of Entertainments Licensing legislation and any breaches found which may result in the initiation of legal proceedings.

2.2       Members may also wish to advise on how they would prefer future applications to be presented to the Committee where the applicant has been previously convicted.

2.3       As all matters pertaining to policy and legislation in relation to licensing matters are not delegated, any decision will be subject to ratification by the Council.

3.0       Main Report

            Key Issues

            Powers to deal with Offences under the Order

3.1       Where an applicant has been convicted of an offence under the Order the Council may:

1.     revoke an existing Entertainments Licence if the licence holder is convicted of an offence, or

2.     refuse an application on the grounds that the applicant has been convicted of an offence under the Order within the period of 5 years immediately preceding the date when an application was made.

            Powers to deal with serious threats to Public Order or Public Safety

3.2       If it appears to the Council that the provision of entertainment at any place in respect of which an Entertainments Licence is in force is causing, or is likely to cause, a serious threat to public order or public safety it may order the suspension of that licence.

3.3       The Council may, at any time, revoke an order to suspend an Entertainment Licence.  Prior to doing so, the Committee should satisfy itself that all the matters that gave rise to the decision to suspend the licence have been satisfactorily dealt with and that provision of entertainment at the premises will no longer cause a serious threat to the public.

3.4       Authority to revoke, refuse or suspend a licence is fully delegated to the Licensing Committee.

3.5       If the licence is revoked, refused or suspended then the applicant may appeal the Council’s decision within 21 days of notification of  ...  view the full minutes text for item 7.

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Members will recall that, at your meeting on 14th December, when agreeing to consider objections to the grant of a Seven-Day Annual Entertainments Licence for the Hawthorn Bar, which were received outside the 28 day statutory period, the Committee further agreed that officers submit to a future meeting a report outlining potential options for dealing with such representations which were submitted outside the statutory timeframe.

2.0       Recommendations

2.1       The Committee is requested to consider the proposal for dealing with representations received outside the 28 day statutory period and determine if you wish to adopt the proposal or adopt it with any necessary modifications arising from your discussions.

3.0       Main report

            Key Issues

            Legislative Requirements

3.1       In accordance with Schedule 1 of the Local Government (Miscellaneous Provisions) (NI) Order 1985, any person wishing to make any representation in relation to an application for the grant, renewal or transfer of an Entertainments Licence shall give notice to the council, stating in general terms the nature of the representation, not later than 28 days after the date of the application.

3.2       Under Paragraph 5(8), in considering any application for the grant, renewal or transfer of an Entertainments Licence, the council  must have regard to any representations received within 28 days and mustgive an opportunity of appearing before and of being heard by the council to any person who has made such representation.

3.3       Similar requirements are in place for other application types the Committee consider, namely:

·        Amusement Permits under the Betting and Gaming (NI) Order 2004 and Betting, Gaming, Lotteries & Amusements (NI) Order 1985;

·        Sex Establishment Licences under Article 4, Schedule 2 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985.

3.4       For both these application types the council must also have regard to representations which have been received within the 28 day statutory period.

            House of Lords Judgement 

3.5       The Local Government (Miscellaneous Provisions) (NI) Order 1985 permits the Committee to consider objections received outside the 28 day statutory period but it is a matter for the Committee to decide whether or not to exercise its discretion in such instances.

3.6       Members are reminded of the House of Lords decision in the case of Belfast City Council v Miss Behavin’ Ltd. which, in 2007, upheld Belfast City Council’s decision to refuse an application for a sex establishment. In delivering that judgement the Court held 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.

3.7       The Court stated that the 28 day period should be treated as being administrative as opposed to mandatory. The Court ruled that the council was entitled to take into account late objections when deciding on an application and, in fact, there could be circumstances in which its failure to take that information into account would itself be judicially reviewable.

3.8       This was  ...  view the full minutes text for item 7a

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

            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 consider applications for Entertainments Licences where the applicant has been convicted of an offence under the Local Government Miscellaneous Provisions (NI) Order 1985 (the Order) within the previous five years.

2.0       Recommendations

2.1       Taking into account the information presented, you are required to consider the applications and to:-

1.     approve the applications, or

2.     should you be of a mind to refuse any of the applications, or approve any applications with additional special conditions, an opportunity of appearing before and of being heard by the Committee must be given to the applicants.

3.0       Main report

            Key Issues

3.1       Members are reminded that the normal process for dealing with Entertainments Licence applications which are not the subject of objections is that the licence will be granted as provided for in the Council’s Scheme of Delegation.

3.2       However, as each applicant has been found guilty of committing an offence within five years of the application for a licence being submitted to the Council, you are required to consider the following applications: