Agenda and minutes

            Apologies for inability to attend were reported from the Deputy Lord Mayor (Councillor Copeland) and Councillor O’Hara.

            The minutes of the meeting of 21st March were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 9th April, 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 a report in relation to an application for an Entertainments Licence where the applicant had been convicted of an offence under the Local Government Miscellaneous Provisions (NI) Order 1985 within the previous five years.

            The Building Control Manager reminded the Members that the normal process for dealing with Entertainments Licence applications which were not the subject of objections was that the licence would be granted as provided for in the Council’s Scheme of Delegation.  However, since the applicant had been found guilty of committing an offence within five years of the application for a licence being submitted to the Council, the Committee was required to consider the following application:

            Notwithstanding the possibility of refusing an Entertainments Licence on any other grounds, the Council may refuse an application on the grounds that the applicant had been convicted of an offence under the Order.

The Building Control Manager reported that the application was for the grant of an Entertainments Licence at Muriel’s Bar and was being placed before the Committee because the applicant had been convicted of offences under the Order at the Belfast Magistrates’ Court on 11th August, 2015, regarding one of their other premises; namely, The Spaniard, 3 Skipper Street.  During an inspection at the Spaniard it was found that entertainment was being provided in the ground floor area, without a valid entertainments licence being in place.

He explained that this was the fourth time an application had been considered since the applicant was convicted on 11th August, 2015 and previous renewal applications for the Spaniardhad been considered by the Committee on 20th January, 2016, 19th April, 2017 and 14th February, 2018 and, after consideration, the Committee had agreed to renew the licence on each occasion.

Since the licence for the Spaniard was renewed, the premises had been subject to one during performance inspection, whilst Muriel’s had been subject to a grant inspection and it had been found that management procedures were being implemented effectively.

            Public notice of the application had been placed and no written representations had been lodged as a result of the advertisements.  In addition, both the Police Service of Northern Ireland and the Northern Ireland Fire and Rescue Service had been consulted and both had confirmed that they had no objections.

            The Committee agreed to grant the Seven–day Annual Indoor Entertainments Licence in respect of Muriel’s Bar, 12-14 Church Lane.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       The purpose of this report is to:

1.     Consider an application for the grant of a 7-Day Annual Outdoor Entertainments Licence for the Wellington Park Hotel based on the Council’s standard conditions to provide outdoor musical entertainment.

2.     Consider an application for the variation of the 7-day Annual Indoor Entertainments Licence for the Botanic Inn based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

3.     Update Members on representations, previously discussed at your meeting of 19 April 2017, received from the Lower Malone Residents Association objecting to both applications.  The Lower Malone Residents Association has confirmed that they are happy to withdraw their objection on the basis that both licences are issued for a six month period.

1.2       Members are reminded that all applications for the grant of Outdoor Entertainments Licences and applications for the extension of hours of entertainment beyond 1.00am 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 applications you are required to make a decision to either:

1.     Approve the application for the grant of the 7-day Annual Outdoor Entertainments Licence for the Wellington Park Hotel and / or the variation of the 7-day Annual Indoor Entertainments for the Botanic Inn, or

2.     Approve the application for the grant of the 7-day Annual Outdoor Entertainments Licence with special conditions, and / or the application for the variation of the 7-day Annual Indoor Entertainments with special conditions, or

3.     Refuse the application for the 7-day Annual Outdoor Entertainments Licence and / or the variation of the 7-day Annual Indoor Entertainments.

2.2       If the applications are 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.

2.3       In the case that the applicant subsequently decides to appeal outdoor entertainment may not be provided at the Wellington Park Hotel until any such appeal is determined and the Botanic Inn will continue with its present hours until that appeal is determined.

3.0       Main report

            Key Issues

3.3       Both premises currently hold indoor Entertainments Licences and have previously been considered by the Licensing Committee as a result of objections by the Lower Malone Residents Association to the applications although no objections have been received in recent years.

3.4       A copy of both application forms are attached  ...  view the full minutes text for item 6.

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Members will recall that, at your meeting on 13 December 2017, the Committee considered proposals for Designating Resolutions for a number of Street Trading sites across the City.

1.2       Committee deferred some of these proposals to allow for additional information to be obtained. Some of those proposals related to the sale of hot food and further information has now been received for consideration.

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 site, where it may allocate a street trading pitch. 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.     Decide not to proceed with the proposal.

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 a site becomes designated you will subsequently have to consider any applications that may be received for a Street Trading Licence on that site.

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. Any Street Trading Licence granted may also be subject to reasonable conditions which can be used to control the commodities being sold, and potential nuisance, etc.

3.0       Main report

            Key Issues

3.1       The designation process involved seeking comments from interested parties, including relevant statutory bodies, through public advertisement and consultation. 

3.2       The Street Trading Act (NI) 2001 requires the Council to ensure that each application is fairly and objectively assessed, that all relevant factors are considered and, in doing so, the Council must consult with the:

a)     PSNI, and

b)     Department for Infrastructure - Roads.

3.3       The Council may also consult other persons as it considers appropriate. Such consultees may include:

a)     Relevant Belfast City Council Departments.

b)     Belfast City Centre Management Company (BCCM)

c)     Nearby Street Trading Licence holders who may be affected.

d)     Local residents, business and commercial premises in the vicinity of the site in respect of which the application has been received.

3.4       Members are advised that BCCM conducts its business within a determined geographical area of Belfast City Centre and has therefore responded to the proposals at locations within this boundary only.

            Deferred applications

3.5       Committee deferred consideration of the designation of the sites in Bridge Street, Donegall Street and Gordon Street for the sale at night of hot and cold food and non-alcoholic beverages or  ...  view the full minutes text for item 7.

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Members will recall that, at your meeting on 13 December 2017, the Committee considered proposals for Designating Resolutions including the variation of designated commodities for a number of Street Trading sites across the City.

1.2       Committee deferred a number of the proposals, some of which related to the sale of bus tour tickets, to allow for further information to be provided which has now been obtained.

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 the variation of the Designating Resolution for either or both sites A and B. 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.     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. Any Street Trading Licence granted may also be subject to reasonable conditions which can be used to control the commodities being sold, and potential nuisance, etc.

3.0       Main report

            Key Issues

3.1       The Designation process involved seeking comments from interested parties, including relevant statutory bodies, through public advertisement and consultation. 

3.2       The Street Trading Act (NI) 2001 requires the Council to ensure that each application is fairly and objectively assessed, that all relevant factors are considered and, in doing so, the Council must consult with the:

·        PSNI, and

·        Department for Infrastructure - Roads.

3.3       The Council may also consult other persons as it considers appropriate. Such consultees may include:

·        Relevant Belfast City Council Departments.

·        Belfast City Centre Management Company (BCCM)

3.4       Subsequently, the Service has received responses to the applications from a variety of interested parties and individuals.

3.5       Members are advised that BCCM conducts its business within a determined geographical area of Belfast City Centre and is therefore responding to the proposals at locations within this boundary only.

            Previously Deferred Decisions of the applications to vary the designating resolutions for sites at Castle Junction Kiosk and Castle Place

3.6       Members are advised that, at your meetings of 16 April 2014 and 18 March 2015, the Licensing Committee had deferred consideration of the  ...  view the full minutes text for item 8.

Restricted item                     The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       The Committee is requested to consider the contents of the report and the deferred Road Closure report from your meeting of 14 February 2018.

1.2       Members are asked to determine a schedule of fees for applications to close roads and the parameters for placing the legal notice which the Council must publish in respect of each application.

2.0       Recommendations

2.1       Members are asked to consider the information presented and make recommendations, subject to any necessary amendments, as to:

1.     Whether a fee scheme based on indicative notional costs should be established;

2.     the categories and definition of events for which fees will be charged;

3.     the appropriate paper(s) that may be used to advertise an application for an order;

4.     the appropriate fees that are set for events; and,

5.     if a concessionary fee should be introduced in respect of voluntary organisations or charities and the level of that fee.

2.2       As these decisions are not a delegated function of the Licensing Committee any decision will be subject to ratification by Council.

3.0       Main report

            Key Issues

3.1       Members will recall that, at your meeting in February 2018, you considered the proposed fees for road closures and agreed to defer consideration to enable Officers to discuss with Athletics NI and other relevant parties the fees which they could potentially be required to pay to allow for road closures for 10k runs and other sporting events.

3.2       A copy of the minutes from your February meeting is attached as Appendix 1. As a reminder for Members some of the key points from that report are:

            Classification of events

            Small local events

3.3       The event is a small, local, neighbourhood event where people attending are not from outside the street (e.g. street party) or immediate neighbourhood. To be considered a ‘small event’ the event should meet the following criteria:

1.     It is held on minor residential roads (e.g. cul-de-sacs or side streets);

2.     The proposed road to be closed must not have a bus route along it;

3.     The proposed road to be closed must not have a car park located on it which is accessed via the road to be closed (other than a car park for residents of the road);

4.     The event must not be publicised for the general public and therefore will not draw in people from the wider area;

5.     The event should apply to residents of one or two streets only and not to larger areas of the district/borough/city. It is up to the Council to consider factors such as the proposed attendance figures, etc. when making its decision on whether to grant an Order.

6.     The event should finish by 11.00 pm and:

·        Not have a stage built from which entertainment would be provided

·        Not have amplified entertainment which may cause nuisance to the wider area

·        Not have fireworks, pyrotechnics or bonfires on the street

·        Not  ...  view the full minutes text for item 10.

      Resolved – That the Committee agrees to exclude the members of the Press and public from the Committee meeting during discussion of this item as, due to the nature of the item, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (NI) 2014.

Application for the Grant of an

Entertainments Licence S13

            The committee agreed that a special meeting be held, on a date to be determined by the Chairperson, to consider an application for an Entertainments Licence for S13, Boucher Road.