Agenda and minutes

            Apologies for inability to attend were reported on behalf of the Deputy Lord Mayor (Councillor Campbell), Aldermen McCoubrey and L. Patterson and Councillor Magennis.

            The minutes of the meeting of 18th January 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 February, 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 and permits which had been issued under the Council’s Scheme of Delegation.

The Committee was informed that an application had been received from the Council’s City and Neighbourhood Services Department for the grant of a Seven-Day Annual Outdoor Entertainments Licence for the Blanchflower Playing Fields, based upon the Council’s standard conditions to provide outdoor musical entertainment.

            The Assistant Building Control Manager explained that it was proposed that the venue be used for small community-type events and that the licence, if granted, would permit those to take place from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. and would include special conditions around occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints. No written representation had been received in respect of the application and neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered any objection. However, they would each be consulted in advance of any proposed events, as would the Council’s Environmental Protection Unit in relation to any potential noise issues. He pointed out that officers of the Building Control Service and the Parks Service had held discussions around the long-term use of the venue and that organisers and other relevant parties would, in advance of events taking place, be advised of the need to submit the relevant event documentation and to meet all safety and technical requirements.

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-Day Annual Outdoor Entertainments Licence in respect of the Blanchflower Playing Fields, Holywood Road. 

The Assistant Building Control Manager informed the Members that Custom House Square was managed currently by the Department for Communities and that it held both a Seven-Day Annual Outdoor Entertainments Licence and a Seven-Day Annual Marquee Entertainments Licence, which were transferred to promoters for the duration of their events. Each licence permitted entertainment to take place from Monday to Sunday between the hours of 11:30 a.m. and 11.00 p.m. and had conditions attached in relation to occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints.

He reminded the Committee that it had, in the past, granted approval for a number of events and festivals to operate beyond 11.00 p.m. within the venue and highlighted, in particular, its decision of 16th March, 2016, to extend the standard hours on the Seven-Day Annual Marquee Entertainments Licence to allow entertainment to take place till midnight on the nights of 22nd and 23rd April, as part of the inaugural Belfast Craft Beer Festival.  

He reported that this year’s festival would once again be taking place within a marquee within Custom House Square from Thursday, 25th till Monday, 29th May and that the organisers had sought the Committee’s approval to operate till midnight on each of those nights, with a view to maximising their patrons’ experience of the various foods and beers on offer.

            The Assistant Building Control Manager pointed out that, since the application related to the extension of the hours permitted under an existing licensing condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. In terms of statutory consultees, neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered objections and they each would be working closely with the organisers, the Council and other organisations to address any issues in the lead up to the festival.  

            He informed the Members that discussions had already taken place with the organisers and with representatives of the Department for Communities around the documentation to be submitted in advance of the event and the need to meet all technical requirements. In addition, the organisers were working with Council officers to ensure that appropriate measures were put in place to protect public safety and reduce the potential for noise disturbance and nuisance and were developing an appropriate letter to be forwarded to local residents advising them of the programme of events and the nights on which they planned to operate beyond 11.00 p.m.

The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-Day Annual Marquee Entertainments Licence for Custom House Square be extended to enable entertainment to take place till midnight from Thursday, 25th till Monday, 29th May, as part of the Belfast Craft Beer Festival, subject to all technical requirements being met to the satisfaction of Council officers.

The Committee considered 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, the Committee is requested 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:

3.3       Notwithstanding the possibility of refusing an Entertainments Licence on any other grounds, the Council may refuse an application on the grounds that the applicant has been convicted of an offence under the Order.

            Application History

            Dundela Football Athletic and Social Club  ...  view the full minutes text for item 7.

            The Assistant Building Control Manager reminded the Committee that, at its meetings on 19th March and 6th October, 2014, it had granted Amusements Permits for Mavericks, 24 – 28 Bradbury Place and Onassis Amusements, 25 – 41 Botanic Avenue, respectively.

            He explained that Oasis Retail Services Limited, which operated an amusement arcade close to both locations, had sought leave to apply for a judicial review of those decisions, in the context of the Council’s Amusement Permit Policy and, specifically, that criterion relating to cumulative build-up, which sought to control arcade numbers within any given location and encourage other forms of retail development. The matter had been heard by Judge Maguire on 23rd and 24th June, 2016 and judgement had been handed down on 13th January.

            He reported that, in relation to the Botanic Avenue application, leave to apply for judicial review had been granted but the challenge had been dismissed, as the court had not been satisfied that the Council had failed to consider the issue of cumulative impact/proliferation of permits in relation to the character and amenity of the area or of the issue of the fitness of the applicant. In terms of the Bradbury Place application, leave to apply for judicial review had been refused but it had been stated that, should it have been granted, the outcome would have been the same as that for the Botanic Avenue application.

            The Assistant Building Control Manager pointed out that, in dismissing the challenges, Judge Maguire had raised concerns around the current wording of the Amusement Permit Policy. He confirmed that a review of the Policy, which had been delayed pending the outcome of the judicial review proceedings, would now commence and would involve officers from the Building Control Service and the Legal Services Section, together with Dr. T. Quinn, who had assisted in the formulation of the document. The Committee would be advised in due course of the outcome of that review and any potential amendments.

            The Committee noted the information which had been provided and that a copy of the Court Judgement was available on the Mod.gov site.

            The Assistant Building Control Manager reminded the Committee that it had delegated authority for determining applications for Amusement Permits, Entertainments Licences, pavement cafés, sex establishments and street trading and for commenting on those relating to Liquor Licences and the registration of clubs. It was responsible also for the consideration of all policies and legislation governing licensing issues, with any recommendations requiring approval by the Strategic Policy and the Resources Committee and by the Council.

            He reported that, at previous meetings, Members had raised concerns around the Committee’s decision-making processes and the associated implications and it had been suggested that it would be beneficial to obtain training to assist it in discharging its responsibilities.

            Accordingly, the Committee agreed that Members should advise the Divisional Solicitor of any topics which they would wish to have included within that training and noted that a report would be submitted to a future meeting providing details on a proposed training programme, which would be available to all Members of the Council.