Agenda and minutes

            Apologies for inability to attend were reported on behalf of the Deputy Lord Mayor (Councillor Copeland) and Councillors Bell and McConville.

            The minutes of the meeting of 21st June 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 July, 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 considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1            To consider applications for the renewal of 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:

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

Irish National Foresters Club

3.4       This is the fifth and final time that an application for the premises will be considered since the applicant was convicted on 22nd November, 2011. The last renewal application was brought before the Committee on 15th June, 2016 and, after consideration, it agreed to renew the licence.

3.5       Since the previous renewal, the premises have been subject to one during performance inspection, as well as the renewal inspection, to ensure that there has been no recurrence of these or any other safety issues and we have found that management procedures are being implemented effectively.

Phoenix Bar

3.6       This is the second time that an application for the premises has been considered since the applicant was convicted on 24th May, 2016. The last renewal application was brought before the Committee on 15th June 2016 and, after consideration, it agreed to renew the licence.

3.7       Since the previous renewal, the premises have been subject to two during performance inspections, as well as  ...  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 an application for the grant of an Amusement Permit for Odyssey Bowl, under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (the Order) 

1.2       The Director of Matagorda3 Limited is Mr. Brian McCormack.

1.3       A copy of the application form and a location map has been circulated to the Committee.

2.0       Recommendations

2.1       The current policy, dictated by the governing Order, is that the Committee, in considering the application for the Grant of an Amusement Permit, shall have regard to:

a)     The fitness of the applicant to hold a Permit having regard to his character, reputation and financial standing,

b)     The fitness of any other person by whom the business is to be carried on under the Permit would be managed, or for whose benefit that business would be carried on,

c)     Representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub-division the premises are situated, and

d)     Representation, if any, as a result of the public notices of advertisement.

2.2       You are then required to make a decision based on the following options set out under the Order.

2.3       You must refuse the application unless satisfied that:

a)     The applicant is a fit person to hold an Amusement Permit; and

b)     The applicant will not allow the business proposed to be carried on under the Amusement Permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of an Amusement Permit.

2.4       Thereafter:-

1.     You may refuse the application after hearing any representations from third parties, or

2.     You may grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

2.5       In the case of premises that have machines with the maximum cash prize of £25.00, where admission is restricted to persons aged 18 or over, that –

·        no persons under 18 are admitted to the premises; and

·        at any entrance to, and inside any such premises there are prominently displayed notices indicating that access to the premises is prohibited to persons aged under 18, and in addition

3.     You may also grant the application subject to discretionary conditions outlined in the Order relating to the illumination of the premises, advertising of, and window displays on the premises and the display of information notices.

2.6       Should you be of a mind to refuse the application for the Grant of an Amusement Permit or grant the Permit subject to any discretionary conditions, you are required to advise the applicant of your intention to do so. In this case, you must  ...  view the full minutes text for item 6.

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider applications for the renewal of the Seven-Day Annual Indoor Entertainments Licence and the Seven-Day Annual Outdoor Entertainments Licence for the Hudson Bar, based on the Council’s standard conditions to provide indoor music, singing, dancing or any other entertainment of a like kind and outdoor musical entertainment.

1.2       Members are reminded that two objections were received regarding the applications and, after consideration at your meeting on 17th August 2016, you agreed to renew both Entertainments Licences for a trial period of six months.

1.3       The applications would have been presented for your consideration sooner but officers have endeavoured to mediate with all parties regarding the applications and concerns raised. Officers have also been conscious of the requirements of the Entertainments Licence which requires liaison meetings to be held, as and when required, with the licensee and representative groups drawn from local residents, and chaired by Council Officers, which was agreed by the Committee at the meeting on 17th August.

1.4       A copy of the minutes of that meeting and of the location ma has been forwarded to the Committee.

2.0       Recommendations

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

1.     agree to hear the applicant’s agent who has not complied with the Committee’s Operating Protocol in relation to hearing deputations;

2.     approve the applications for the renewal of the Seven-Day Annual Indoor and Outdoor Entertainments Licences, or

3.     approve the applications for the renewal of the Seven-Day Annual Indoor and Outdoor Entertainments Licences with special conditions, or

4.     refuse the applications for the renewal of the Seven-Day Annual Indoor and Outdoor Entertainments Licences.

2.2       If the applications are refused, or special conditions are attached to either 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       The areas currently licensed to provide indoor entertainment are the:

·        Ground Floor, with a maximum capacity of 95 persons.

·        First Floor, with a maximum capacity of 95 persons.

·        Second Floor, with a maximum capacity of 105 persons.

·        Heel Bar, with a maximum capacity of 30 persons.

3.2       The area currently licensed to provide outdoor entertainment is the:

·        Hudson Yard, with a maximum capacity of 220 persons.

3.3       Following your meeting on 17th August 2016, the special conditions on the Indoor and Outdoor Entertainments Licences were amended, as follows:

           Indoor

1.     The licensee to attend meetings, as and when required, with the PSNI and representative groups drawn from local residents, chaired by the Council, to discuss issues relating to Entertainments Licensing;

2.     The external roller shutter on the ground floor (mid front bar) should be secured in the  ...  view the full minutes text for item 7.

Change of Date of November Meeting           The Committee was reminded that the Institute of Licensing was a professional body for licensing practitioners in local government, the police, private sector, trade and the legal profession.  The Institute, which operated throughout England, Scotland, Wales and Northern Ireland, had been established to provide education and training and to disseminate knowledge in all matters relating to licensing.

            The Committee was reminded further that Belfast was a Corporate Member affiliated to the Northern Ireland Region of the Institute and that Mr. James Cunningham, the Council’s Regulatory Services Manager, was the chairman of the Institute of Licensing (Northern Ireland Region) and a Director and Trustee of the Institute.

            The Assistant Building Control Manager reported that, this year, the Institute would be holding its National Training Conference in the Holiday Inn Hotel, Stratford-Upon-Avon from Wednesday 15th till Friday 17th November and that it would provide Elected Members and officers with an opportunity to meet with other licensing professionals and to obtain an update on changes within the licensing sector. Accordingly, he recommended that the Committee authorise the attendance at the event of the Chairperson, the Deputy Chairperson, the Director of Planning and Place and the Building Control Manager (or their nominees) and suggested that it might to wish to consider funding the travel to the conference of Mr. James Cunningham, in recognition of his role as the chairman of the Northern Ireland Region. Mr. Cunningham’s residential fee would be paid for by the Institute of Licensing.

            The Committee adopted the recommendation and agreed to fund the travel to the conference of Mr. James Cunningham.

The Committee agreed to move its monthly meeting on 15th November to an alternative date, to prevent it from coinciding with the Institute of Licensing National Training Conference, which the Chairperson, the Deputy Chairperson and a number of officers had, earlier in the meeting, obtained approval to attend.