Agenda and minutes

Apologies for inability to attend were reported on behalf of the Deputy Lord Mayor (Councillor Campbell), Aldermen McCoubrey and Spence and Councillors Bell and Dudgeon.

            The minutes of the meeting of 15th February 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 March, 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 Building Control Manager informed the Committee 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 theirevents. 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., which had included the Cathedral Quarter Arts Festival, which had been permitted to provide entertainment till midnight on a number of nights. 

            He reported that this year’s festival would take place from Thursday, 27th April till Sunday, 7th May in a number of arts and cultural venues across the City and would include again a marquee in Custom House Square. The organisers had sought the Committee’s approval to operate there till midnight on three nights, namely, Friday, 28th April, Saturday, 29th April and Saturday, 6th May, on the basis that the additional hour would enable local support acts to be added to the event programme and would help them to raise their profile by supporting a headline festival act. 

            The 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 the organisers were liaising closely with the Building Control Service to ensure that appropriate measures would be implemented to protect public safety and reduce the potential for noise disturbance and nuisance. Officers were assessing a draft letter to be issued by the organisers to local residents advising them of the programme of events and the nights on which they planned to operate beyond 11.00 p.m. He added that inspections in previous years had identified no issues surrounding the overall management of the festival.    

            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 on Friday, 28th April, Saturday, 29th April and Saturday, 6th May, as part of the Cathedral Quarter Arts Festival, subject to all technical requirements being met to the satisfaction of Council officers.

            The Committee was reminded that, at its meeting on 19th March, 2014, it had approved an application from the Belfast Leisure Company Limited for the provisional grant of an Amusement Permit in respect of Mavericks, 28 Bradbury Place. The Building Control Manager explained that the company had, at that stage, applied for the permit to be granted provisionally to enable it to undertake works to the premises prior to them being opened. However, since the Committee’s decision had been subject to an application for judicial review by an objector to the application, the company had been reluctant to commence that work until such time as the outcome of that case had been determined. Accordingly, the Committee, at its meeting on 16th March, 2016, had agreed, at the company’s request, to extend the provisional permit till 19th March, 2017, on the basis that it had been satisfied that there were reasonable grounds for its failure to complete the work within the two-year timeframe, as laid down within the Amusement Permit legislation.

            He reminded the Committee that, on 13th January, the application for leave to apply for judicial review of its decision to provisionally grant the Amusement Permit for Mavericks had been refused. The Belfast Leisure Company Limited had, subsequently, indicated that it would be unable to complete the work to its premises by the deadline date of 19th March and had requested that the provisional permit be extended until September, 2017. He confirmed that, should the Committee approve that request, an Amusement Permit would be issued, once Council officers had confirmed that all work had been completed in accordance with the Northern Ireland Building Regulations.

            The Committee agreed that the Amusement Permit which had been granted provisionally for Mavericks, 28 Bradbury Place be extended till 19th September, 2017.

            The Committee was reminded that, under the provisions of the Local Government Miscellaneous Provisions (Northern Ireland) Order 1985, it was required, when considering an 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 on which the application had been made.

            Accordingly, the Building Control Manager drew the Members’ attention to an application which had been received for the renewal of a Seven-Day Annual Indoor Entertainments Licences in respect of the Devenish Complex, 33 – 37 Finaghy Road North. He reported that Mooney Inns Limited, the applicant company, had, in June, 2016, been fined £600 and ordered to pay £69 in costs, following an inspection by Council officers of another premises under its control, namely, the Wolf and Whistle, whilst entertainment had been taking place. That inspection had found that a final exit door had been closed and 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 premises’ log book for pre-event checks had not been completed.

            He explained that, whilst this was the first time since the offence that the application for the Devenish Complex had been placed before the Committee, it had, at its meeting on 19th October, 2016, upon being informed of the aforementioned conviction, approved an application for the renewal of the Entertainments Licence for the Wolf and Whistle.

            He informed the Members that, since the last renewal of the Entertainments Licence for the Devenish Complex, officers had visited the premises on three occasions and were content that all management procedures were being implemented effectively. He added that no written representations had been received in relation to the application 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 the Seven-Day Annual Indoor Entertainments Licence in respect of the Devenish Complex, 33 – 37 Finaghy Road North.

            The Building Control Manager reminded the Committee that, at its meeting on 18th January, it had considered a report in relation to current entertainments licensing enforcement procedures and the determination of applications, where an applicant had been convicted of an offence under the Local Government Miscellaneous Provisions (Northern Ireland) Order 1985. The Committee had agreed, as an additional deterrent,  that, in future, as soon as a licence holder had been convicted of an offence, they would be invited to appear before the Committee to outline the reasons why their licence should not be revoked, rather than waiting until it was due for renewal, as had been the case previously.

            With that in mind, he drew the Committee’s attention to an inspection which had been undertaken in May, 2016 of the above-mentioned premises whilst entertainment had been taking place, which had revealed that the required minimum width of a rear escape route was not being maintained and that the appropriate pre-entertainment checks had not been carried out. As a result, Quay Street Merchants Limited, the licence holder, had on 21st February, been convicted of the offences and been fined £500 and ordered to pay £69 in costs.

            He explained that, in addition to being requested to consider the potential revocation of the premises’ Entertainments Licence, the Committee was being requested to consider also an application for the renewal of the licence. He reported that no written representations had been received in relation to that application and that neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered objections. Since the aforementioned offences had been detected, officers had met with the management of the premises and were satisfied that appropriate measures had been put in place to ensure the safe evacuation of patrons in the event of an emergency. Four subsequent inspections had revealed no further safety issues and that management procedures were being implemented effectively. He pointed out that a representative of the licensee was in attendance and that, once the Committee had heard his submission, it was required, in the first instance, to decide if it wished to revoke the venue’s Entertainments Licence. Should it decide not to adopt that course of action, it was then required to consider the application for the renewal of the licence.

            The Chairperson then welcomed to the meeting Mr. M. McPherson, the manager of Bootleggers.   

            Mr. McPherson informed the Members that, as the manager of the premises, he accepted full responsibility for the offences which had been detected in May, 2016. He explained that, immediately afterwards, measures had been put in place to prevent a recurrence, which had included marking the rear escape route clearly with paint, moving refuse bins away from that area to provide additional space and advising staff of the need to keep escape routes clear at all times. In addition, two pre-entertainment checks were now carried out on those days when entertainment was due to take place.

            The Chairperson thanked Mr. M. McPherson  ...  view the full minutes text for item 8.

            The Building Control Manager informed the Members that an application had been received from Mr. T. Seenan for the grant of a Mobile Street Trading Licence to trade in the Andersonstown, Dunmurry, Finaghy, Ladybrook, Poleglass, Suffolk, Turf Lodge and Twinbrook areas of the City. The applicant was seeking to sell confectionery, groceries, ice cream and non-alcoholic beverages from a van from Monday to Sunday between the hours of 12.00 p.m. and 9.00 p.m. in those areas.

            He reminded the Committee that Section 9 of the Street Trading Act (Northern Ireland) 2001 permitted the Council, in certain circumstances, to refuse an application if the applicant had, at any time, had a Street Trading Licence revoked as a result of their refusal or failure to pay fees or other charges due to the Council. Accordingly, he drew the Committee’s attention to the fact that, at its meeting on 18th June, 2014, it had agreed

to revoke a Mobile Street Trading Licence which had been granted previously to Mr. Seenan for the sale of confectionary, ice cream and non-alcoholic beverages in the

Andersonstown, Ladybrook, Turf Lodge and Suffolk areas. That decision had been taken on the grounds that he had owed the Council £843.87 in licence fee arrears, despite significant efforts being made by officers to manage his debt, and that he had, on two occasions, declined the opportunity to appear before the Committee to discuss the matter. He pointed out that, despite having since paid his arrears, Mr. Seenan was only now re-applying for a licence and that he had no licence infringements. He added that no other traders had been trading in the Ladybrook, Turf Lodge, Suffolk and Andersonstown areas since Mr. Seenan’s licence had been revoked and that neither the Police Service of Northern Ireland nor Transport NI, as statutory consultees, had objected to his application.

            The Committee was informed that the applicant was in attendance and it agreed that it would be beneficial to obtain details from him around the circumstances which had contributed to the revocation of his licence in 2014.

            Mr. Seenan informed the Members that his failure in 2014 to pay the licence fees arrears owed to the Council could be attributed to the fact that both he and his mother had been experiencing health issues at that time. As soon as he had been made aware of the extent of the arrears, he had taken immediate steps and had cleared his debt in full. He concluded by stating that his mother had since died and that he now wished to commence trading again.

The Chairperson thanked Mr. Seenan for his contribution.  

            The Committee agreed, in its capacity as Licensing Authority, to grant to Mr. T. Seenan a Mobile Street Trading Licence permitting him to sell from a van confectionery, ice cream, groceries and non-alcoholic beverages from Monday to Sunday between the hours of 12.00 p.m. and 9.00 p.m. in the Andersonstown, Dunmurry, Finaghy, Ladybrook, Poleglass, Suffolk,  ...  view the full minutes text for item 9.

            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 an application for the Grant of a Seven-Day Annual Entertainments Licence for the Hawthorn Bar, based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2

1.3       The grant application was received from Mr Philip McCann on 30th September 2016. A copy of the application form has been circulated to the Committee.

1.4       A location map of the premises has been forwarded to Members.

2.0       Recommendations

2.1       Taking into account the information presented and representations received in respect of the application you are required to make a decision to either:

1.     approve the application for the Grant of the Seven-Day Annual Entertainments Licence, or

2.     approve the application for the Grant with special conditions, or

3.     refuse the application for the Grant of the 7-Day Annual Entertainments Licence.

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.

3.0       Main Report

            Key Issues

3.1       Members are reminded that written representation objecting to the application was received outside the 28-day statutory period, in the form of a petition with 10 signatures.

3.2       At your meeting on 14th December, the Committee exercised its discretion and agreed to consider the late objections at a future meeting to which the objectors and the applicant would be invited to attend.

3.3       A copy of the petition of objection has been circulated to the Committee.

3.4       Members are reminded that the petition of objection is from residents of Cavendish Street and the nature of their objections relate to the following:

·        the premises are situated in a highly populated residential area;

·        the premises already offer live entertainment without a licence; and

·        the number of patrons, music and taxis already create an unacceptable, problematic amount of noise in this residential area.

3.5       In their petition of objection, the objectors further advise that they have met with the applicant, one of his employees and community representatives to discuss the above issues along with other members of the community, the PSNI and the Council. They also state that many of the issues have not yet been resolved; despite promises made by the applicant.

3.6       The objectors also state that granting a licence will not only add to the current problems and issues concerned but will create further issues.

            Liaison Meetings

3.7       Following receipt of the petition of objection, the Service offered to facilitate a liaison meeting between all parties involved in order to discuss the issues in an attempt to try and resolve them.

3.8       The objectors did not wish to attend  ...  view the full minutes text for item 10.

            The Building Control Manager reminded the Committee that, at its meeting on 21st September, 2016, it had agreed to refuse an application by KB Shaft Limited for the grant of an Amusement Permit in respect of Players, 22 – 23 Shaftesbury Square. That decision had been taken on the grounds that the application had failed to comply with two of the five criteria set out within the Council’s Amusement Permit Policy in terms of (i) the cumulative build-up of amusement arcades in a particular location and (ii) the impact of the arcade upon the image and profile of Belfast. 

            He explained that, following that decision, a Notice of Appeal had been lodged on behalf of the applicant with the County Court and that the appeal had, on 5th January, been brought before Judge Devlin to allow for papers to be served upon the relevant parties. Judge Devlin had agreed to list the case for review on 16th January, to allow sufficient time for an application by Oasis Retail Services Limited for a judicial review of the Committee’s decisions of 19th March and 6th October, 2014, to grant Amusements Permits for Mavericks, 24 – 28 Bradbury Place and Onassis Amusements, 25 – 41 Botanic Avenue, respectively, to be determined. 

The Building Control Manager reminded the Committee that the judge who had heard the application by Oasis Retail Services Limited had, on 17th January, ruled in favour of the Council. Following that ruling, KB Shaft Limited’s legal representative had confirmed that their client would be withdrawing their appeal against the Committee’s decision to refuse the application for the grant of an Amusement Permit for its premises in Shaftesbury Square and that it would meet the Council’s legal costs.

            The Committee noted the information which had been provided.

            The Committee was reminded that the Strategic Policy and Resources Committee, at its meeting on 21st October, 2016, had granted approval for the Council to consult, by way of a public notice, on designating the entire area of Belfast City Council or specific parts thereof as a ‘holiday resort’ under Article 6 of the Shops (Sunday Trading &c.) (Northern Ireland) Order 1997.

            The Building Control Manager reported that the effect of that designation would be to extend the Sunday trading hours for large shops, of 280 m² or more, on up to 18 Sundays, other than on Easter Sunday, between 1st March and 30th September in any calendar year. The proposal had been made in response to calls, primarily by the Belfast Chamber of Trade and Commerce, to improve the tourism offering in Belfast, particularly on a Sunday morning, and to boost the local economy and support the overall regeneration of the City centre.

            He informed the Members that, before the Council could pass a resolution designating its area as a ‘holiday resort’, it was required to consult with those persons who would be most likely to be affected and to publish notice of any designation in such a manner as it deemed appropriate. That period of consultation would end on 5th May. Any occupier or proposed occupier of a large shop wishing to avail of the additional Sunday trading hours would be required to notify the Council of the dates involved.  The new trading arrangements would not take effect until fourteen days from the date on which the notification had been provided, unless the Council agreed that they should come into effect earlier. 

            He pointed out that, should a resolution be passed, the Council would, in addition to performing its current enforcement role around Sunday trading, maintain a register of those large shops which were making use of the additional Sunday trading hours, which would be made available to the public. It would work also with key partners, such as the Belfast Chamber of Trade and Commerce and Visit Belfast, to ensure the effective promotion of the increased trading hours and to consider the impact upon the City, in terms of attracting additional tourists. 

            After discussion, the Committee noted the information which had been provided.

            The Council’s Solicitor submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       Members will recall that the issue of recovery of legal costs for prosecutions issued pursuant to the Local Government (Miscellaneous Provisions) (NI) Order 1985 has been raised on a number of occasions and, most recently, at your meeting on 18th January, whilst considering a report on Entertainments Licences where an applicant had been convicted of an offence.

1.2       The purpose of this report is to explain how the level of costs is established and agreed against the various types and quantities of cases that Legal Services deal with on a weekly basis in Belfast Magistrates’ Court.

1.3       The report will also provide a basis to advise the Committee what the Council is seeking to do in order to try and address Members’ concerns.

2.0       Recommendation

2.1       The Committee is requested to consider the content of the report and the key issues within.

3.0       Main Report

            Key Issues

3.1       The recovery of legal costs is governed by the Magistrates’ Courts (Costs in Criminal Cases) Rules (NI) 1988 (‘the 1988 Rules’).  Schedule 1 of the 1988 Rules provided that the maximum fees for solicitor and counsel was capped at £75, however, if the court thinks that, due to exceptional length, difficulty or complexity the maxima are insufficient, it may make a special order for greater sums, stating the reasons for doing so.

3.2       Schedule 1 was amended on 1st January 2013, by the Magistrates’ Courts (Costs in Criminal Cases) (Amendment) Rules (Northern Ireland) 2012, to remove the upper limits set by Schedule 1 of the 1988 Rules. Schedule 2 details the amounts payable in connection with the attendance of witnesses, travel costs, loss of earnings, other costs and expert witness fees.

3.3       In the case of Re Caffrey’s Application (2000) NI 17, it was established that a prosecuting body can only recover costs in relation to the prosecution of the case and not investigation costs. It was held that the prosecutor should serve, in advance of the hearing, a full statement detailing the legal costs and expenses, and the defendant can give proper notice of his intention to dispute any part of the costs. The prosecutor must specify what costs are claimed as legal fees under Schedule 1 and what relate to professional and expert witness expenses under Schedule 2 (the latter being subject to an absolute ceiling) so that the Judge can assess costs in relation to legal fees, professional and expert witnesses and ordinary witnesses, and then impose such amount for costs against the defendant as is proper.

3.4       In terms of application for costs in court, the established custom and practice has been that the Council is awarded £50 in each case as a contribution towards legal costs, in addition to any court fees, for example, the fee for a process server to serve the summons.

3.5       On average, Legal Services can prosecute up to 30 cases each week  ...  view the full minutes text for item 14.