Agenda and minutes

            Apologies for inability to attend were reported on behalf of Councillors Boyle, Howard and Milne.

            The minutes of the meeting of 20th September were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 2nd October, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Hutchinson declared an interest in respect of agenda item 2(f), Application for the Grant of a Seven-day Annual Indoor Entertainments Licence – Belfast Telegraph Printworks, 124-144 Royal Avenue, in that he had, at a special meeting of the Strategic Policy and Resources Committee on 28th September, opposed an application for the grant of an Entertainments Licence for a one-off event taking place within the venue on 30th September, on the basis that it should have been dealt with under the delegated authority of the Licensing Committee, and left the room whilst it was under consideration.

            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, under the terms of the Local Government Miscellaneous Provisions (Northern Ireland) Order 1985, it was required, when considering any application for the grant, renewal or transfer of an Entertainments Licence, to take into account 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.

            On that basis, the Building Control Manager drew the Members’ attention to applications which had been received for the renewal of Seven-day Annual Indoor Entertainments Licences in respect of Flame Restaurant and the Red Devil Bar.

            He reported that the licensee of Flame Restaurant had, on 3rd February, 2015, been fined £150 and instructed to pay costs of £69, following an inspection by Council officers, which had found that entertainment was being provided without an Entertainments Licence. In terms of the Red Devil Bar, the licensee had, on 11th February, 2014, been convicted of having a locked roller shutter on a final exit and of failing to have the log book for recording pre-event checks available for inspection and been fined £500 and ordered to pay £69 in costs.

            He pointed out that the Committee had, in subsequent years, agreed to renew the Entertainments Licences and that, on the two occasions over the past year on which each premises had been inspected, officers had found that all management procedures were being implemented effectively. 

            He confirmed that no written representations had been received in relation to the applications 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 Licences in respect of Flame Restaurant, 46 Howard Street and the Red Devil Bar, 194?198 Falls Road.

            The Committee was advised 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 Jubilee Gardens, based upon the Council’s standard conditions to provide outdoor musical entertainment.

            The Building Control Manager reported that the Gardens, which bordered High Street and Victoria Street, were maintained by the Parks Service and that, in line with its other parks and open spaces, it wished to make them available for small events. The Service had recently received a request from Mr. B. Wolsey, the owner and licensee of the adjacent Bullitt Hotel, for the use of the Gardens, with a view to holding, over the course of the next year, a series of low-key prestigious events. He explained that such requests required prior approval by the People and Communities Committee and highlighted the fact that it had, at its meeting on 10th October, granted authority to Mr. Wolsey to hold two Hallowe’en related events in the Jubilee Gardens on Friday, 27th and Saturday, 28th October, on condition that, amongst other things, he acquire an Entertainments Licence and adhere to its terms and conditions. Whilst Mr. Wolsey had been the only person to have, at this stage, expressed an interest in running events within the venue, it would be made available to other prospective users.

            He pointed out the licence, if granted, would permit entertainment 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. He confirmed that officers of the Building Control Service and the Parks Service had discussed the long-term use of the space and that, should the Entertainments Licence be granted, they would engage with event organisers to ensure that the required documentation was submitted and that all safety and technical requirements were met in advance of events taking place. Finally, the Council’s Environmental Protection Unit had been made aware of Mr. Wolsey’s proposed events and had indicated that, in light of their potential scale and nature, it was not anticipated that they would generate significant noise disturbance. 

            The Committee agreed, in its capacity as Licensing Authority, to grant a Seven-Day Annual Outdoor Entertainments Licence in respect of the Jubilee Gardens. 

            The Building Control Manager informed the Committee that an application had been received from Silverpine Inns Limited for the variation of a Seven-day Annual Indoor Entertainments Licence in respect of the above-mentioned premises, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that entertainment, in the form of a DJ or live band, was provided currently from Monday to Saturday till 1.00 a.m. and on a Sunday till midnight.  The company was now seeking to extend the hours of operation on a Tuesday, Thursday, Friday and Saturday night till 2.00 a.m. the following morning, to enable it to compete with other venues which operated until that time and beyond.

            He confirmed that no written representation 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 not objected. In such circumstances, it was normal practice for the Entertainments Licence to be issued under the Council’s Scheme of Delegation.  However, given that the application related to the extension of the hours of entertainment beyond 1.00 a.m., it was being presented to the Committee for consideration.

            The Building Control Manager reported further that, since the Entertainments Licence had been renewed, officers of the Building Control Service had visited the premises on a number of occasions, whilst entertainment had been taking place and as part of the application process.  Those had indicated that all of the operational and management procedures were being implemented. However, the Council’s Environmental Protection Unit had, in the past year, received four complaints, three of which related to noise from patrons and the other to loud music emanating from the premises. Whilst no formal action had been taken on those occasions, the Unit had requested that, should the Committee be minded to approve the application, it would welcome appropriate measures being put in place to manage patron dispersal and keep noise levels to a minimum. With that in mind, he pointed out that the company was aware of the fact that its premises were located close to residential properties and had identified a number of measures which it would be prepared to implement, should its application be approved.

            At this point, several Members expressed concern that the company had failed to consult with local residents on its proposal to extend its hours of operation on some nights and stated that it would be beneficial to obtain further information on that issue and the measures which it was proposing to put in place for the management of the premises generally.  

            The Committee was informed that Mr. M. Boyle and Mr. J. Crawford, Directors of Silverpine Inns Limited, were in attendance and they were welcomed by the Chairperson.

            Mr. Crawford informed the Members that, upon acquiring The Cuckoo in April, the company had undertaken a number of actions to address noise breakout, such as installing additional sound proofing around, for example, windows and the stage  ...  view the full minutes text for item 5b

            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 variation of the Seven-Day Annual Outdoor Entertainments Licence for Thompson’s Garage, based on the Council’s standard conditions to provide outdoor musical entertainment.

1.2       A copy of the application form and a location map have been circulated to the Committee.

1.3       The nature of the variation is to increase the occupancy of the outdoor area from 104 persons to 185 persons.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received you are required to consider the application in light of the legal proceedings against the applicant and determine if you wish to refuse the application on the grounds that the applicant has been convicted of offences under the Order.

2.2       Should Members be satisfied that the application need not be refused you are then required to:

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

2.     approve the application for the variation of the Seven-Day Annual Outdoor Entertainments Licence with special conditions to be attached.

2.3       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 Recorders Court.

2.4       Should the Committee decide to refuse the variation application, and the applicant decides to appeal, the licence will continue with its present conditions until the appeal is determined.

3.0       Main Report

            Key Issues

3.1       Members will recall that, at your meeting on 17th May, the Committee agreed to grant the applicant a Seven-Day Annual Outdoor Entertainments Licence for the premises. This was subsequent to the Committee agreeing to grant the renewal of the indoor Entertainments Licence at your meeting of 19 April 2017.

            Details of the Premises and Proposals

3.2       The areas currently licensed to provide entertainment are:

·        the Ground Floor Bar, with a maximum capacity of 240 persons;

·        the Mezzanine Floor, with a maximum capacity of 190 persons; and

·        the Outdoor Area, with a maximum capacity of 104 persons.

3.3       The days and hours during which the premises are currently licensed to provide indoor entertainment are:

·        Monday to Sunday:   11.30 a.m. to 3.00 a.m. the following morning.

3.4       The premise operates as a public bar and nightclub, with entertainment being provided on both floors in the form of DJs.

3.5       The days and hours during which the premises are currently licensed to provide outdoor entertainment are:

·        Monday to Saturday   11.30 a.m. to 11.00 p.m., and

·        Sunday                        12.30 p.m. to 11.00 p.m.

3.6       Entertainment is provided to the outdoor area in the form of solo performers, live bands or a DJ through the in-house speaker system.

3.7       Extensive works have been carried out to  ...  view the full minutes text for item 6.

            The Committee considered the undernoted report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of a Seven-Day Annual Indoor Entertainments Licence for the Ground Floor of the former Belfast Telegraph Printworks, based on the Council’s standard conditions to provide indoor music, singing, dancing or any other entertainment of a like kind.

1.2       Members are reminded that the normal process for dealing with Entertainments Licence applications which are not the subject of objections is that the Director of Planning and Place will grant the licence as provided for in the Council’s Scheme of Delegation.

1.3       However, further to consideration of the application at a special SP&R Committee on Thursday 28 September, the Director of Planning and Place and the City Solicitor have requested that the application be considered by the Licensing Committee.

1.4       A copy of the application form and a location map have been circulated to the Committee.

2.0       Recommendations

2.1       Taking into account the information presented and any 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 Indoor Entertainments Licence, or

2.     approve the application for the grant of the Seven-Day Annual Indoor Entertainments Licence with special conditions, or

3.     refuse the application for the grant of the Seven-Day Annual Indoor 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.

2.3       Members are reminded that the applicant is required to obtain all statutory consents before any further events take place.

3.0       Main Report

            Key Issues

            Consideration by Strategic Policy and Resources Committee

3.1       The Committee will be aware that, on 28th September, the City Solicitor tabled an item at the special Strategic Policy and Resources Committee regarding the interim use of the Belfast Telegraph Printworks by Limelight Belfast Limited.

3.2       The Limited Liability Partnership between Belfast City Council and McAleer and Rushe (Bel Tel LLP) acquired the Belfast Telegraph site in October, 2016.

3.3       Following the selection process, the partnership agreed a nine-month licence with Limelight Belfast Limited to occupy and manage a large section of the ground floor of the site in the non-listed part of the building.

3.4       A situation then arose whereby Limelight Belfast Limited had marketed and sold an estimated 2,000 tickets for an event on 30th September, in advance of having its Entertainments Licence in place (albeit that it had applied in August and the consultation period had ended in advance of the event itself), and prior to having received planning permission for a change of use to part of the building and physical alterations to the non-listed  ...  view the full minutes text for item 6a

            The Committee was reminded that, at its meeting on 20th September, it had agreed that it would be beneficial to obtain training around 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, in order to assist it in discharging its duties.

            The Building Control Manager drew the Members’ attention to three dates which had been identified for the delivery of that training, namely, Tuesday, 21st November, Wednesday, 20th December and Monday, 15th January, and confirmed that further dates would be made available beyond January, if required. The training programme would be developed by the Building Control Service, in conjunction with the Legal Services and Human Resources Sections, and one of the sessions would be delivered by a member of the legal profession who specialised in licensing matters. 

            After discussion, the Committee approved the holding of training sessions at 5.00 p.m. on Tuesday, 21st November and Monday, 15th January and agreed that all Members of the Council be invited to attend. The Committee agreed also that the training should include an overview of the advertisement process associated with the various types of licensing applications.