Agenda and minutes

            Apologies for inability to attend were reported on behalf of Councillors Clarke and McReynolds. 

            The minutes of the meetings of 2nd and 16th May 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 June, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Magennis declared an interest in relation to item 2(i), Beckett’s Bar, in that he represented the Stewartstown Road area and had met with the applicant and with Council officers to discuss the application, and left the meeting whilst the matter was being considered.

            The Chairperson, on behalf of the Committee, welcomed Mr. A. Thatcher, Director of Planning and Building Control, to his first meeting.

            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, at its meeting on 19th April, 2017, it had agreed to consider at a future meeting an objection which had been submitted outside the twenty-eight day statutory period by the Lower Malone Residents’ Association to an application for the variation of the Seven-Day Annual Indoor Entertainments Licence for the Botanic Inn.

            The Building Control Manager reported that, in April and May, 2018, the Council had received further objections to the application which, again, had been submitted outside the twenty-eight day statutory period. The objectors had since confirmed that they had been unaware of the proposal to provide entertainment until 3.00 a.m., until it had been brought to their attention by the Police Service of Northern Ireland.

            He pointed out that the Police Service itself had objected initially to the application, on the basis that it would have insufficient resources to monitor the premises until 3.00 a.m. in midweek, as had been proposed within the application. In light of that objection, the licensee had amended the application to provide that entertainment would take place until 3.00 a.m. on a Saturday night only and, accordingly, the Police Service had withdrawn its objection.

            The Committee agreed, in view of the relevance of the objections, to exercise its discretion and to consider at a future meeting all of the objections received to date in relation to the application to vary the Entertainments Licence for the Botanic Inn.

            The Committee was informed that the Council’s City and Neighbourhoods Services Department held various types of Entertainments Licences for those parks and open spaces which it managed across the City, which it transferred to organisers for the duration of their event. Under the terms of those licences, entertainment was permitted to take place from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. and special conditions were attached to each licence in relation to occupancy levels, early consultation with residents and businesses, extended hours and addressing complaints. Accordingly, the Committee’s attention was drawn to applications for the extension of the standard hours on the Entertainments Licences for the following parks:

            The Building Control Manager informed the Committee that the organisers of the FOCAL Festival were seeking approval for the standard hours on the Seven-day Annual Outdoor Entertainments Licence for the Lower Crescent Park to be extended until 1.00 a.m. on the nights of Thursday, 30th and Friday, 31st August and Saturday, 1st September. 

            He explained that the festival centred upon the celebration and promotion of local foods and drinks and reminded the Committee that the organisers had, previously, been given approval to hold similar events in the park in June/July and December 2017. The organisers had stated that the additional hours would allow them to meet increasing costs, enable more local artists to participate and permit patrons to leave the park and access transport in phases. Approval for the use of the venue had been granted by the People and Communities Committee, at its meeting on 5th June.

            He reported that, since this application related to the extension of the hours permitted under an existing licence condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. The Police Service of Northern Ireland would, together with the Northern Ireland Fire and Rescue Service, be consulted on public safety, traffic management, transport and wider operational issues in the lead up to the festival. Based upon previous experience, officers were satisfied that the park could accommodate the festival and that the measures being proposed to date by the organisers would protect public safety. Organisers would be required to draft a letter for circulation to local residents, informing them of the event and had been advised that, should significant complaints be received, future nights could be curtailed. 

            The Building Control Manager reported further that the Council’s Environmental Protection Unit had been provided with a noise report, which set out the proposed measures to be implemented to prevent unreasonable noise disturbance, and stressed that the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 provided the Council with additional powers to address noise nuisance from 11.00 p.m. onwards, if required. In terms of the two previous festivals, he confirmed that five complaints had been received, which had been brought to the attention of the organisers. Whilst no formal action had been taken, the complaints would be taken into account during preparation for this event.   

            The Committee agreed that the standard hours on the Seven-Day Annual Outdoor Entertainments Licence for the Lower Crescent Park be extended to enable entertainment to take place until 1.00 a.m. the following morning on Thursday, 30th and Friday, 31st August and Saturday, 1st September, subject to all technical requirements being met to the satisfaction of Council officers.

            The Building Control Manager reported that the Twaddell and Woodvale Residents’ Association had submitted an application to extend the standard hours on the Seven-Day Annual Outdoor Entertainments Licence for Woodvale Park until 1.00 a.m. on the nights of Monday, 9th and Wednesday 11th July. 

            He explained that the Residents’ Association had been an active participant in the Council’s Bonfire and Cultural Expression Programme and that it had, since 2008, organised several successful events within the Woodvale Park. The group had confirmed that this year’s event would run from Monday, 9th until Wednesday, 11th July and that its request for additional hours was based primarily around the need to expand the scope of diversionary activity for young people and adults, to ensure that wider tensions were minimised during this period. Whilst details had yet to be finalised, it was anticipated that the event on 9th July would include a matinee for families and be followed by a live concert for over 16s, featuring electronic music artists.  The event on 11th July would involve a range of international music acts, as well as family orientated activities. The People and Communities Committee, at its meeting on 8th May, had granted approval for the use of the park.

            The Building Control Manager confirmed that, since the Residents’ Association was seeking to extend the hours permitted under an existing licence condition, rather than vary the Entertainments Licence itself, there had been no requirement for the application to be advertised. The Police Service of Northern Ireland had not objected to the application and officers from the Building Control Service and the Parks Service were working with the organisers to agree an event management plan, a layout plan and an appropriate occupancy figure. He pointed out that the Council’s Environmental Protection Unit had received no complaints in relation to last year’s event and that it would seek to ensure that an appropriate noise management plan was developed, in consultation with all relevant parties, in order to minimise noise breakout and disturbance. He added that the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 provided the Council with additional powers to address noise nuisance from 11.00 p.m. onwards and that, should significant complaints be received, future nights could be curtailed.

            The Committee agreed that the standard hours on the Seven-day Annual Outdoor Entertainments Licence for the Woodvale Park be extended to enable entertainment to take place until 1.00 a.m. the following morning on the nights of Monday, 9th and Wednesday, 11th July, subject to all technical requirements being met to the satisfaction of Council officers.

            The Committee was advised that Féile an Phobail would, this year, be taking place between 2nd and 12th August and that the organisers were seeking approval to extend the standard hours on the Seven-day Annual Outdoor Entertainments Licence for the Falls Park to enable entertainment to be provided until 1.00 a.m. on four of those nights. Approval for the use of the venue had been granted by the People and Communities Committee at its meeting on 5th June.

            He explained that, whilst the organisers had applied to operate until 1.00 a.m. on the nights of Wednesday, 8th, Friday, 10th, Saturday, 11th and Sunday, 12th August, it was envisaged that entertainment would run to 1.00 a.m. only on the first of those nights and that it would conclude before that time on the remaining three evenings. They had stated that the ability to operate until 1.00 a.m. would allow them to develop a programme of diversionary activities for young people, involving, for example, sport and discussion, and would assist in addressing ongoing antisocial behaviour issues. Whilst the programme of entertainment had yet to be finalised, it would include a number of international artists and would appeal to all age groups.

            He reminded the Committee that, since this application related to the extension of the hours permitted under an existing licence condition, rather than the variation of the Entertainments Licence itself, there had been no requirement for it to be advertised. He pointed out that the Police Service of Northern Ireland had not objected to the application and that it was working with the organisers to address traffic management and on their application for an Occasional Liquor Licence. The organisers had provided the Council with a draft event management plan and a proposed site plan and would continue to engage with the Building Control Service as events developed. He added that officers had, over the course of previous events, undertaken inspections whilst entertainment had been taking place and had identified no issues relating to health, safety and welfare management.

            In terms of noise nuisance, he confirmed that the Council’s Environmental Protection Unit had been notified of the intention to provide entertainment until 1.00 a.m. and that it was currently awaiting an acoustic report. He provided details around the twenty-seven noise complaints which had been received in 2017, none of which had necessitated formal action, and stressed that the organisers would be required to demonstrate that commercial and residential properties would not experience unreasonable disturbance and had been advised that significant complaints could lead to further nights being curtailed. He added that the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 provided the Council with additional powers to address noise nuisance from 11.00 p.m. onwards, if required.

            The Committee agreed to extend the standard hours on the Seven-Day Annual Outdoor Entertainments Licence for the Falls Park, to enable entertainment to take place until 1.00 a.m. the following morning on the nights of Wednesday, 8th, Friday, 10th, Saturday, 11th and Sunday, 12th August,  subject  ...  view the full minutes text for item 10.

The Committee considered the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider applications for the renewal and variation of both the Seven-Day Annual Indoor and Outdoor Entertainments Licence for Thompson’s Garage, based upon the Council’s Standard Conditions.

1.2       The nature of the variation to the Indoor Entertainment Licence is to increase the occupancy of the indoor area from 430 persons to 480 persons.

1.3       The nature of the variation to the Outdoor Entertainments Licence is to extend the hours of when entertainment may be provided from 11 pm to 1 am and increase the occupancy of the outdoor area from 185 persons to 200 persons.

2.0       Recommendations

2.1       Notwithstanding the opportunity to refuse the applications on any other grounds, the Council may refuse an application for an Entertainments Licence, on the grounds that the applicant has been convicted of an offence under the Order within the period of 5 years immediately preceding the date when the application was made.

2.2       Taking into account the information presented and any representations received you are required to consider the applications in light of the previous convictions and to:

1.     approve the applications for the renewal of the 7-Day Annual Indoor and Outdoor Entertainments Licences, or

2.     approve the applications for renewal with Special Conditions, or

3.     refuse the applications for the renewal of the 7-Day Annual Indoor and Outdoor Entertainments Licences.

2.3       Should you be of a mind to approve the application to renew the Licences you are then required to determine, subject to all technical requirements being met, either to:

1.     approve the variation of the Licence to increase the occupancy capacity for the Indoor Entertainments Licence; and

2.     approve the variation of the Licence to increase the occupancy capacity and the extension of hours for the Outdoor Entertainments Licence; or

3.     agree the applications for the variation of the Seven-Day Annual Indoor and Outdoor Entertainments Licence with Special Conditions, or

4.     refuse any or all of the variation applications.

2.4       If the applications are refused, or Special Conditions are attached to the Licences 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.

2.5       Should the Committee decide to refuse the variation application, and the applicant decides to appeal, the existing Licence will continue with its present Conditions until the Appeal is determined.

3.0       Main Report

            Key Issues

            Details of the Premises and Proposals

3.1       The areas currently licensed to provide indoor entertainment are:

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

·        Mezzanine Floor, with a maximum capacity of 190 persons.

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

·        Monday to Sunday:   11.30 am to 3.00 am the following morning

3.3       The premise operates as a public bar and nightclub with  ...  view the full minutes text for item 11.

The Building Control Manager submitted for the Committee’s consideration the  following reports relating to the grant of Amusement Permits:

“1.0     Purpose of Report or Summary of Main Issues

1.1       To consider an application from Ms. Yuliya Rodgers of Play SS Limited, for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

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 their 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       The Committee is then required to make a decision, based on the following options set out under the Order.

2.3       The Committee 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, the Committee:

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

2.     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

3.     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.

2.5       In the case of premises which 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

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 afford the applicant the opportunity to make representations at a specified Licensing Committee meeting on the matter before making a final determination of the application.

2.7       If, subsequent to hearing the applicant, you refuse the application for the grant  ...  view the full minutes text for item 13.

“1.0     Purpose of Report or Summary of Main Issues

1.1       To consider an application from Ms. Yuliya Rodgers, for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

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 their 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       The Committee is then required to make a decision based on the following options set out under the Order.

2.3       The Committee 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

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.

2.5       In the case of premises, which 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

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 afford the applicant the opportunity to make representations at a specified Licensing Committee meeting on the matter before making a final determination of the application.

2.7       If, subsequent to hearing the applicant, you refuse the application for the Grant of an Amusement  ...  view the full minutes text for item 14.

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 Indoor Entertainments Licence for Beckett’s Bar, based upon the Council’s Standard Conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2       Members are advised that the premises are located within an area the former of Lisburn City Council which transferred over to Belfast City Council under Local Government Reform (LGR).

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 either:

1.     approve the application for the grant of the 7-Day Annual licence, or

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

3.     refuse the application for the grant of the 7-Day Annual licence.

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.

3.0       Main Report

            Key Issues

            Details of the Premises and Proposals

3.1       Currently the premises operates as a Public Bar and Lounge Bar on the Ground Floor and a First Floor Function Room.

3.2       This premises previously held an Entertainments Licence issued by Lisburn City Council. The applicant/licensee was John Hughes and that licence expired on 31stDecember, 2010. A copy of the Licence has been circulated.

3.3       The areas where it is proposed to provide indoor entertainment are the:

·        Ground Floor Bar, with a maximum capacity of 220 persons.

·        Ground Floor Lounge, with a maximum capacity of 160 persons.

·        First Floor Function Room, with a maximum capacity of 110 persons.

3.4       The days and hours during which entertainment is proposed to be provided are:

·        Monday to Saturday: 12.30 pm to 1.00 am the following morning and

·        Sunday: 12.30 pm to 12.00 midnight.

3.5       Layout plans of the proposed premises

            Previous Application

3.6       Members are advised that, at your meeting on 17th February 2016, the Committee previously considered an application from Sharp NI Ltd. for the grant of an indoor Entertainments Licence for Beckett’s Bar.

3.7       At that meeting, the Committee, in its capacity as Licensing Authority, refused the application for the licence on the grounds that:

                                          (i)   it was clear that the application involved Mr. Eugene Hughes and that he was operating the premises, which related to his fitness to hold an Entertainments Licence;

                                        (ii)   issues had been encountered at other premises operated by the Hughes family in terms of liquor and entertainments licensing; and  ...  view the full minutes text for item 15.