Agenda and minutes

            Apologies for inability to attend were reported on behalf of Councillors Carson and Howard.

            The minutes of the meeting of 9th November 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 December, 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 Chairperson welcomed Councillor Baker, who had replaced the former Councillor Bell, to his first meeting and thanked the former Councillor for the contribution which he had made to the work of the Licensing Committee.

            The Committee noted a list of licences 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 Indoor Entertainments Licences where the applicant has been convicted of an offence under the Local Government Miscellaneous Provisions (Northern Ireland) 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 within 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:

            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

3.3       Previous applications for the aforementioned premises were considered by the Committee as follows:

            St Paul’s GAC

3.4       This is the third time an application for the premises has been considered by the Committee since being convicted of the offences on 10th November, 2015.

3.5       The previous renewal applications were considered by the Committee, in relation to these convictions on 14th December, 2016 and 19th August, 2015 and, after  ...  view the full minutes text for item 6.

            The Committee was reminded that, at its meeting on 18th October, it had agreed to grant to Limelight Belfast Limited a Seven-Day Annual Indoor Entertainments Licence in respect of the ground floor of the former Belfast Telegraph Printworks, 124-144 Royal Avenue.

            The Building Control Manager reported that an application had now been received for the variation of that licence, based upon the Council’s standard condition to provide music, singing, dancing or any other entertainment of a like kind. He explained that entertainment was provided currently from Monday to Sunday till 1.00 a.m. in the main hall, Room 2 and the bar area and lobby of the ground floor. The company was now seeking to extend the hours of operation on each night till 3.00 a.m. the following morning, with a view to aligning the venue with others in the area and attracting more international acts to the City. On all such occasions, the company would operate a public bar facility under an Occasional Liquor Licence.

            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 the premises had been inspected as part of both the Entertainments Licensing and the Building Regulations application process and that officers had been present on the only two nights on which entertainment had been held to date, namely, 30th September and 24th November. On all occasions, it had been established that the required safety measures and management procedures had been put in place to protect performers, the public and staff. He added that measures had, as part of the previous application, been implemented to minimise disturbance to neighbouring premises and that no complaints had been received in relation to the aforementioned two events. Officers of the Building Control Service would continue to engage with the Environmental Protection Unit on noise management at future events.

            The Committee was advised that Mr. A. Simms, representing Limelight Belfast Limited, was in attendance and he was invited to provide clarification around the number of nights on which the company was proposing to provide entertainment till 3.00 a.m., given that it could, on the basis of its application, potentially operate till that time on every night of the year.  

            Mr. Simms explained that the company had applied to operate till 3.00 a.m. on every night of the year primarily to eliminate the need to submit further applications to have the Entertainments Licence varied at some point in the future. He pointed out that the lease agreement between the company and BELTEL LLP permitted up to a maximum of four events to take place in  ...  view the full minutes text for item 7.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the renewal of a Seven-Day Annual Indoor 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       Members are reminded that objections were received from local residents regarding the initial grant application. However, in the lead up to your meeting on 15th March 2017, an agreement was reached between all parties that the objections would be withdrawn, subject to the applicant agreeing to a number of conditions of licence.

1.3       As a result, you agreed to grant the Entertainments Licence for a period of six months.

1.4       A copy of the minute of the meeting of 15th March has been circulated to Member.

1.5       A location map has been forwarded to the Committee.

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 renewal of the Seven-Day Annual Entertainments Licence, or

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

3.     refuse the application for the renewal of the Seven-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       The areas currently licensed to provide indoor entertainment are the:

·        Ground floor bar with a maximum capacity of 40 persons.

3.2       The days and hours during which the premises are currently licensed to provide entertainment, are:

·        Thursday to Saturday:  11.30 a.m. to 1.00 a.m.

3.3       Following your meeting on 15th March, the following special conditions were attached to the licence:

1.     the licence will operate for a period of six months;

2.     entertainment will be restricted to a Thursday, Friday and Saturday, with the hours of operation being 11.30 a.m. to 1.00 a.m. the following morning;

3.     a maximum of 40 persons will be permitted in the ground floor bar whilst entertainment is taking place;

4.     the licensee will attend meetings, as and when required, with the Police Service of Northern Ireland and representative groups drawn from local residents, with those to be chaired by Council officers;

5.     the licensee will proactively clean around the perimeter of the premises;

6.     the licensee will ensure that bottles and glasses are not disposed of by staff at closing times;

7.     the licensee will provide residents with a direct point of contact and the contact number of the person responsible for managing door staff;

8.     the licensee will erect and maintain signage inside  ...  view the full minutes text for item 8.

            The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       Members will recall that, at your meeting on 19th April, you granted approval to initiate the statutory process for the designation of a number of new Street Trading Sites across the City, which have been identified as a result of applications or expressions of interest received from individuals wishing to trade from new sites.

1.2At that meeting, the Committee also granted approval to initiate the statutory process for the variation of the commodities and services which are permitted to be offered at a number of other designated sites that are already licensed.

1.3Members will also recall that, at your meeting of 21st June, a further report was presented to you as the Department for Communities, the landowner of Blackstaff Square, had written to the Council requesting that the street trading pitch within Blackstaff Square be rescinded.

1.4The Committee subsequently granted approval to initiate the statutory process for the rescinding of the designating resolution for the site in Blackstaff Square.

1.5However, immediately following the June decision, the Department asked that this decision be reversed and there is now a licensed trader operating again at this site. This caused some delay in the process of Designation.

2.0       Recommendations

2.1       Based on the information presented the Committee is requested to consider each proposal in turn and to decide whether to:

1.     approve a Designating Resolution to designate the whole street or part of the street (site/s), where it may allocate street trading pitches for Sites A-J. The Designating Resolution will include the operational date and may stipulate either:

·        only specified articles, things or services or classes of specified articles, things or services that may be sold or supplied; or

·        specified articles, things or services or classes of specified articles, things or services that are prohibited.

2.     approve the variation of the Designating Resolution for sites K-N. The Designating Resolution will include the operational date and may stipulate either:

·        only specified articles, things or services or classes of specified articles, things or services that may be sold or supplied; or

·        specified articles, things or services or classes of specified articles, things or services that are prohibited.

3.     rescind your decision of 21st June regarding rescinding of the Designation of Blackstaff Square.

4.     decide not to proceed with any or all of the proposals.

2.2       In addition to making any Designating Resolution, Members may, having considered all comments, record any reasonable conditions that should be applied to a subsequent licence. For example, these may include hours of trade, days of trade, duration of licence, etc.

2.3       Members are reminded that once the sites become designated you will subsequently have to consider any applications that may be received for a Street Trading Licence on any of the sites.

2.4       At that time, you will assess the suitability and quality of the proposals and may decide to grant or refuse a licence within the requirements of the Act.  ...  view the full minutes text for item 9.

            The Committee was reminded that, at its meeting on 18th October, it had agreed that a report be submitted to a future meeting providing information on those premises within the City which were licensed to provide entertainment beyond 1.00 a.m. and on the Council’s powers to manage their impact upon local communities.

            The Building Control Manager reported that 502 venues currently held Entertainments Licences, over half of which were public houses/clubs and registered clubs. Of those 502 venues, forty-two were licensed to provide entertainment till 3.00 a.m. and fifteen till 2.00 a.m., some of which could operate beyond 1.00 a.m. only on certain nights of the week.

            He explained that, upon receipt of an application for extended hours, officers would meet with the applicant to assess the requirement and to discuss with them the measures which they would need to implement to minimise any adverse impact. He reminded the Committee that it had been mindful always of the impact which those premises which were licensed to operate till 2.00 a.m. or 3.00 a.m. might have on the surrounding area and that it had sought to introduce an additional level of control by attaching conditions, many of which had been suggested and agreed in advance with the applicant, aimed at minimising nuisance and disturbance. He provided examples of those conditions and pointed out that failure to adhere to them could result in legal proceedings being initiated against the applicant, licensee or manager. Convictions were then brought to the attention of the Committee as future applications were being considered. He added that the Council’s Environmental Protection Unit had statutory powers under the Clean Neighbourhoods and Environment Act 2011 and the Noise Act 1996 to control noise from entertainment after 11.00 p.m. and referred all complaints to the Building Control Service to ensure that appropriate action was taken against any alleged offenders who held Entertainments Licences.

            The Committee noted the information which had been provided.