Agenda and minutes

            Apologies for inability to attend were reported on behalf of Councillors Carson, Clarke and Heading.

            The minutes of the meeting of 17th May 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 June, 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 reminded that, at its meeting on 18th January, it 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.

            Accordingly, the Building Control Manager drew the Committee’s attention to an inspection which had been undertaken in July, 2016 of the Belfast Barge in Lanyon Quay, whilst entertainment had been taking place. Officers had found that the exit door to the rear of the multi-function space had been obstructed by the band’s equipment and that the emergency light above that exit had not been illuminated. In addition, both the external gate on the rear escape walkway and one leaf of the main entrance/exit door had been locked in a closed position and the appropriate pre-entertainment checks had not been carried out. As a result, Lagan Legacy Limited, the licence holder, had on 23rd May, been convicted of the offences and been fined £150 and ordered to pay £76 in costs.

            He informed the Committee that, in addition to considering the potential revocation of the Entertainments Licence, it was required to determine an application for the renewal of the licence, to allow entertainment to continue to take place within the multi-function space and the gallery restaurant between 8.00 a.m. and midnight on each day of the week. 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 offences had been detected, officers had met with the management of the premises to review their fire safety procedures and to ensure that appropriate measures had been put in place to ensure the safe evacuation of patrons in the event of an emergency. Two subsequent inspections of the venue had revealed no further issues and officers were satisfied that it was now being managed effectively. The Council’s Environmental Protection Unit had indicated also that, since the licence had last been renewed, it had received no complaints regarding noise breakout or patron dispersal. 

            He pointed out that a representative of the applicant company was in attendance and that, once the Committee had heard his submission, it was required, firstly, to decide if it wished to revoke the barge’s Entertainments Licence. Should it decide against that, it was then required to consider the application for the renewal of the licence.

            The Chairperson then welcomed to the meeting Mr. J. Crooks, a Director of Lagan Legacy Limited.    

            Mr. Crooks informed the Members that Lagan Legacy Limited accepted full responsibility for the serious offences which had been detected in July, 2016. He explained that, immediately following that inspection, the company had appointed a new manager, revised its safety procedures and implemented a comprehensive training regime for staff, with a view to ensuring that there would be no further breaches  ...  view the full minutes text for item 5.

            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, you are required to consider the applications and to:-

·        approve the applications, or

·        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.

3.4       Application History

3.5       Caulfield’s Bar

3.6       This is the second time an application for the premises has been considered since the applicant was convicted on 8th March 2016. The last renewal application was brought before the Committee at your meeting on 18 May 2016 and, after consideration, you agreed to renew the licence.

3.7       Members are reminded that you have considered applications for other premises for which the applicant is licensee since their conviction for the offences involving Caulfield’s Bar, namely, The Suffolk Inn, which you considered at your meeting on 17th August 2016, the Sliabh Dubh, which you considered at your meeting on 21st September 2016 and Failte Restaurant, which you considered on 14th December 2016.

3.8       After taking account of the conviction, you agreed to renew each of these licences respectively.

3.9       Since the previous renewal the premises have been subject to two during performance inspections as well as the renewal inspection to ensure that there has been no recurrence of the  ...  view the full minutes text for item 6.

            The Building Control Manager informed the Committee that an application had been received from the Wilgar Community Forum requesting that the standard hours on the Seven-Day Annual Marquee Entertainments Licence for the Blanchflower Playing Fields be extended to facilitate the annual Wilgar Rock and Blues Festival and Community Fun Day.

            He reported that the licence was held by the Council’s City and Neighbourhoods Services Department and was transferred to organisers for the duration of their event. Under the terms of the licence, entertainment was permitted to take place from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. and special conditions were attached to each licence in relation to occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints.

            He reported that the festival had,for the past five years, been held within the grounds of Dundela Football, Athletic and Social Club. However, this year, the Forum had applied for the use of the Blanchflower Playing Fields, as it considered it to be a more central location and capable of accommodating a higher number of patrons, and had, on 9th May, obtained approval from the People and Communities Committee. This year’s event would include a mixture of rock and blues music, artistic performances and children’s fun day activities and the organiser had indicated that the extension of the Entertainments Licence till 1.00 a.m. on Friday, 4th and Saturday 5th August and until midnight on Sunday, 6th August would offer an enhanced experience for patrons, many of whom would not have an opportunity to attend similar events or festivals.

            The Building Control Manager pointed out that this was the first time in which a musical event would be held within the playing fields and reminded the Committee that it had, at recent meetings, approved similar requests for events taking place in other Council parks and open spaces. Since this application related to the extension of the hours permitted under an existing licence condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. He confirmed that neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had objected to the application and that they would each be consulted on public safety, traffic management, transport and wider operational issues in the lead up to the festival. The Forum was working with the Building Control Service to agree the appropriate documentation, including a site layout plan and a residents’ notification letter, and with the Council’s Environmental Protection Unit to formulate an effective noise management plan, with a view to keeping noise disturbance to a minimum. He concluded by pointing out that inspections by officers of previous events which had been organised by the Wilgar Community Forum had revealed no issues.  

            The Committee agreed that the standard hours on the Seven-Day Annual Marquee Licence for the Blanchflower Playing Fields be extended to enable entertainment to take place until 1.00 a.m. on Friday, 4th and  ...  view the full minutes text for item 7.

            The 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. Those licences were transferred to promoters, upon request, which permitted them to provide entertainment 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 reported that an application had been received from the organisers of the inaugural Belfast Oktoberfest event, seeking approval to have the standard hours on the Seven-day Annual Marquee Entertainments Licence for Custom House Square extended to enable entertainment to take place till midnight on six nights during October, namely, from Thursday, 19th, till Saturday, 21st and from Thursday, 26th till Saturday, 28th.  

            He explained that the event, which would be taking place over ten nights in total, was held in many cities across the world, with the aim of showcasing a range of German beers, other drinks and foods and live music. The organisers had indicated that the additional hour on each of the six nights would provide patrons with a memorable experience and an opportunity to visit surrounding bars and restaurants after their event had concluded. He reminded the Committee that it had, in recent months, granted approval for a number of events and festivals, such as the Belfast Beer Festival, the Belfast City Blues Festival and the Cathedral Quarter Arts Festival, to operate beyond 11.00 p.m. within the Square.  

            The Building Control Manager pointed out that, since the application related to the extension of the hours permitted under an existing licence condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. The Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had offered no objections to the application, however, they would be attending pre-event meetings to comment upon public safety, traffic management, transport and wider operational issues. He added that officers of the Building Control Service had met with the organisers and with representatives of the Department for Communities to discuss the documentation to be submitted and would continue to work with them and other relevant parties to ensure that appropriate measures were put in place to protect public safety. They would ensure also that an appropriate letter would be issued in advance to local residents, providing details of the festival.

            In terms of noise issues, the Council’s Environmental Protection Unit would be assessing the noise management plan to ensure that local residents and businesses would not experience undue disturbance.   

            The Committee agreed 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 Thursday 19th, Friday 20th, Saturday 21st, Thursday 26th, Friday 27th and Saturday 28th October, as part of Belfast Oktoberfest, subject  ...  view the full minutes text for item 8.

            The Committee was reminded that the Street Trading Act (Northern Ireland) 2001 permitted a Council not only to designate specific streets or parts thereof as being suitable for street trading but to rescind a designating resolution which it had made previously.

            The Building Control Manager reported that the Department for Communities had written to the Council requesting that a previously designated site located on land which it owned in Blackstaff Square be rescinded. The site, which had recently been vacated by a trader, had, over the years, proven to be problematic in terms of the various developments taking place around it, and was no longer considered to be viable.  

            He reminded the Committee that, at its meeting on 19th April, it had granted approval to initiate the statutory process for the designation of several new street trading sites and for the variation of the commodities and services at previously designated sites and confirmed that a public notice providing details of those proposals and inviting representations was being finalised. He pointed out that the process for making and for rescinding a designating resolution was identical and that, should the Committee accede to the Department for Communities’ request regarding Blackstaff Square, that proposal could be added to the public notice.

            The Committee agreed to initiate the statutory process for the rescinding of the designating resolution for the site in Blackstaff Square and noted that it would in due course receive a report on the outcome of the overall consultation process. 

            The Building Control Manager reminded the Committee that it had delegated authority to determine certain fees, including those for street trading. He reported that the fees for stationary, mobile and temporary licences had remained unchanged since the Street Trading legislation had been introduced in 2002 and reminded the Committee that, at its meeting on 15th June, 2016, it had approved a list of proposed fees, as a basis for public consultation.

            He reminded the Committee further that, at its meetings on 18th January and 19th April, it had deferred consideration of the outcome of that consultation to enable officers to formulate further fee options for licences and to consider an appropriate fee for a licence to cover one day only between Monday and Friday. He provided an overview of the options which had been presented to the Committee on 17th May, which were based primarily on one compliance visit per year, two compliance visits per year and an inflationary increase since 2002, and would enable the Council to recover 61%, 65% and 53% of its costs, respectively.  The Committee had again agreed to defer the matter to enable officers to formulate a further option, based around a combination of the latter two options, with a view to keeping the increases for each licence type at a similar level.

            Accordingly, he submitted for the Committee’s consideration the following table, which set out the current scale of fees for each licence, together with a revised option, in keeping with its decision of 17th May:

            The Building Control Manager provided clarification around the revised charges and pointed out that, if approved, the Council should be able to recover approximately 43% of its costs. In terms of offering a one-day stationary or mobile licence to cover a single day between Monday and Friday, he suggested that the Committee might wish to consider charging £300, on the basis that it was one-fifth of the proposed fee of £1,500 for a  ...  view the full minutes text for item 10.

“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 making of Orders restricting or prohibiting temporarily the use of a public road in connection with special events 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:

1.     agree that the Scheme of Delegation be amended, as outlined in paragraphs 3.11 and 3.12, and

2.     provide feedback, if necessary, to be incorporated into a subsequent report to the SP&R 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 Council.

3.0       Main Report

            Key Issues

3.1       The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (the Roads Act) gives the Council the power to temporarily prohibit or restrict the use of public roads, to facilitate the holding of a special event, which includes filming.

3.2       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, this was subsequently adopted by Council at their meeting of 3 April, 2013.

3.3       At that time, the Committee undertook to consider all applications whether or not any representations had been received by the Council. Members may wish to reconsider that decision to allow for applications to be dealt with as quickly as possible.

3.4       Members were advised, at your meeting in May 2017, that the Department for Infrastructure (the Department) had determined that those aspects of The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (the Act) related to the holding of special events on roads will commence on the 4 September 2017.

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

3.7       Officers met recently with Northern Ireland Screen, which is an agency established to maximise the economic, cultural and educational value of the screen industries for the benefit of Northern Ireland. They advised that in 2016 there would have been 16 Road Closure Orders required to facilitate filming in Belfast.

3.8       During the meeting, it became clear that, if all Road Closure Order applications had to be determined by the Committee, including those where  ...  view the full minutes text for item 12.