Agenda and minutes

            Apologies for inability to attend were reported on behalf of the Chairperson (Alderman Spence) and Councillors Heading and Campbell.

            The minutes of the meeting of 16th August were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 4th September, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            The Democratic Services Officer declared an interest in respect of agenda item 2(a), Application for the Grant of a Seven-day Annual Outdoor Entertainments Licence – 21 Social, 1 Hill Street, in that he was related to the applicant. Accordingly, he left the meeting whilst the application was under consideration and was replaced by Mrs. L. McLornan, Democratic Services Officer.

            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 an application for the grant of a Seven-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment till 2.00 am at 21 Social, based on the Council’s standard conditions to provide outdoor musical entertainment.

1.2       A copy of the application form and a location map has been circulated to Members.

1.3       Members are reminded that all applications for the grant of Outdoor Entertainments Licences must be brought before the Committee for consideration.

2.0       Recommendations

2.1       Taking into account the information presented and any representations made 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 Outdoor Entertainments Licence and for permission to provide entertainment till 2.00 a m, or

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

3.     refuse the application for the grant of the Seven-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment till 2.00 a.m.

2.2       If an 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. In the case that the applicant subsequently decides to appeal, outdoor entertainment may not be provided until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       The applicant has applied to provide entertainment within the new outdoor area, in line with the premises Indoor Entertainments Licence, on the following days and hours:

·        Monday to Saturday: 11.30 am to 2.00 am the following morning, and

·        Sunday: 12.30 pm to 2.00 am the following morning

3.2       Members are reminded that applications to provide outdoor entertainment beyond the permitted hours are subject to consideration by Committee.

3.3       The applicant proposes to provide entertainment within the new outdoor area in the form of DJs and live bands. The outdoor area is now covered by the liquor Licence for the premises. The Committee has been provided with layout plans of the new outdoor area.

3.4       The premises have recently been acquired by Eagle-Glen Limited and they have created the new outdoor area as part of their refurbishment of the premises.

3.5       Eagle-Glen Limited is also the licensee for a number of other licensed premises across the City, namely, the Apartment, 2 Donegall Square West; The Kitchen Bar, 1 Victoria Square and McHugh’s Bar, 29-31 Queen’s Square.

            Representations

3.6       Public notice of the application has been placed and no written representation has been lodged as a result of the advertisement.

            PSNI

3.7       The Police Service of Northern Ireland has been consulted and has confirmed that it has no objection to the application.  A copy of its response has been circulated to  ...  view the full minutes text for item 5.

            The Committee was informed that, under Article 4 and Schedule 2 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Council had powers relating to the licensing of sex establishments.

            The Building Control Manager explained that, whilst the Order stipulated that a person applying for the grant, renewal or transfer of a licence should pay a reasonable fee, as determined by the Council, it differed from the Street Trading Act (Northern Ireland) 2001 and the Licensing of Pavement Cafés Act (Northern Ireland) 2014, insofar as it did not specify a procedure for the Council to follow in determining that fee.

            He reminded the Committee that, at its meeting on 15th June, 2016, it had agreed the following schedule of fees for the licensing of sex establishments and had agreed also that those should be reviewed on an annual basis:

            He reported that a review of the current costs associated with the processing of a Sex Establishment Licence had indicated that they were in line with those of the previous year and, on that basis, he recommended that the fees which had been agreed in 2016 by the Committee should remain unchanged.

            The Committee adopted the recommendation.

            The Building Control Manager reminded the Committee that it had delegated authority for determining applications for amusement permits, entertainments licences, pavement cafés, road closures, 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. 

            He reported that the Committee had, in the past, received training on specific topics, with a view to assisting it in discharging its duties and suggested that, in light of recent changes in its membership and its evolving role, this might be an opportune time to initiate a further training programme. The programme would be developed by the Building Control Service and the Legal Services Section and would be delivered by a member of the legal profession who specialised in licensing matters. Accordingly, he sought the Members’ views on the format of the training programme and to identify any topics which they wished to have included.

            After discussion, the Committee agreed that the training should focus upon the Licensing Committee Protocol and representation process, the legal principles governing the decision-making process and alcohol licensing matters and its relationship to entertainments licensing. The Committee agreed also that the programme should be delivered over two sessions in November/December and should commence at 5.00 p.m.