Agenda and minutes

            Apologies for inability to attend were reported on behalf of the High Sheriff (Councillor Howard) and Councillor Nic Biorna.

            The minutes of the meeting of 17th October were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 1st November, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Boyle declared an interest in relation to Item 2 (a) – Licensing of Houses of Multiple Occupation (HMO), in that he owned a number of HMO’s within the City and left the meeting whilst the matter was under consideration.

(Mr. S. Leonard, Neighbourhood Services Manager, attended in connection with this item.)

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       The Houses in Multiple Occupation (HMO) Act NI 2016 is due to commence on 1st April 2019. This will transfer the responsibility for the Houses in Multiple Occupation (‘HMO’) registration scheme from Northern Ireland House Executive to local district councils. It also creates a new licensing system, which requires landlords to demonstrate that they are a fit and proper person to be a HMO landlord.

1.2       The purpose of this report is to consider the role of the Licensing Committee in the decision-making process relating to the licensing of HMOs and to consider proposed amendments to Standing Orders and the Scheme of Delegation.

2.0       Recommendations

2.1       It is recommended, upon the advice of Legal Services, as follows :

·        That the Licensing Committee assumes responsibility for determining all matters under the Houses in Multiple Occupation (HMO) Act NI 2016, with the exception of those which are proposed to be delegated to the Strategic Director of City and Neighbourhood Services;

·        That the Strategic Policy and Resources Committee be recommended to amend Standing Order 37 (d) Duties of Committees – Licensing Committee to give effect to the Licensing Committee having delegated authority to determine those applications for a house in multiple occupation as set out in paragraph 3.6; and

·        The Licensing Committee agrees to the amendments to the Scheme of Delegation, as outlined in paragraph 3.28; subject to the approval of the Strategic Policy and Resources Committee

3.0       Main report

                        Key Issues

3.1       The new legislative control, the Houses in Multiple Occupation (HMO) Act NI 2016 (‘the 2016 Act’) completed Final Stage on 15th March 2016 and received Royal Assent on 12th May 2016. On commencement of this Act, HMO regulation will transfer responsibility for the HMO registration scheme from Northern Ireland House Executive to councils. It also creates a new licensing system which requires landlords to demonstrate that they are a fit and proper person to be a HMO landlord. This will also be assessed by councils.

3.2       A copy of the 2016 Act can be found at: http://www.legislation.gov.uk/nia/2016/22/contents. 

3.3       A building or part of a building is a HMO within the meaning of the 2016 Act if the living accommodation is:

·        occupied by three or more unrelated persons from three or more families, and

·        occupied by them as their only or main residence, and

·        either a house, premises or a group of premises owned by the same person with shared basic amenities.

3.4       The 2016 Act lists types of building that are not HMOs, and include, for example, those where the property is occupied only by the owners, buildings occupied by students that are managed and controlled by an educational establishment, where the occupants are members of, and fully maintained by, a religious order whose principal occupation is prayer, contemplation, religious education or the relief of suffering, and buildings owned by the  ...  view the full minutes text for item 5.

The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       To update Committee on road closures and the cost to administer the scheme and to review the appropriate level of fees Belfast City Council may charge for road closures for special events.

2.0       Recommendations

2.1       Members are asked to consider the information presented and decide whether:

1.     To continue to keep under review for a further 6 months the costs and resources required; or

2.     To ask officers to bring forward proposals for revised fees to a future meeting.

3.0       Main report

            Key Issues

3.1       Committee will recall that, at your meeting in April 2018, you agreed the fees, classification of events and the newspapers that the Statutory Notice is published in for road closures.

3.2       Committee are reminded that they agreed to the following:

            Small local event:

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:

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

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

c)     Not have fireworks, pyrotechnics or bonfires on the street

d)     Not have alcohol or food sold at the event.

3.4       This list was not exhaustive and each application is considered on a case by case basis. The application cost is free.

            Large event:

3.5       If the event does not meet the above criteria, then the event is considered a large event. This includes all filming events. The application cost for a City centre event is £1000 and outside the City centre is £650. (City centre is defined using BMAP)

            Running, triathlon and cycling races:

3.6         1.  Commercial events or races that have a substantial impact on the road network or are within the City centre. The application cost is £1000; a reduced fee of £125 for events run by registered charities for fund raising purposes was agreed.

3.7         2.  Club runs or running races that have minor impact on the road  ...  view the full minutes text for item 6.

            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 had a duty, 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.

            Accordingly, the Building Control Manager drew its attention to an application which had been received for the renewal of the Annual Indoor Entertainments Licence in respect of Boyles Bar, 91 Falls Road, Belfast.

            He reported that the licensee had, on 13th December, 2016, been fined £250 and instructed to pay costs of £66, following an inspection by Council officers, which had found that entertainment was being provided without an Entertainments Licence. 

            He pointed out that an application for the grant of an Entertainments Licence had been approved by the Committee on 18th January, 2017.  Over the past year, when the 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 to renew the Annual Indoor Entertainments Licences in respect of Boyles Bar, 91 Falls Road, Belfast.

            The Committee agreed to defer, until its meeting in December, consideration of its decision of 16th May to revoke a Stationary Street Trading Licence for a designated site in Fountain Lane, to allow officers to obtain further information regarding the licensee’s proposal for the repayment of his outstanding licence fees.

            Following the conclusion of the meeting, Ms. Denise Kiley, Barrister-at-Law, delivered a training session for Members, which focused primarily upon the general principles for decision making for quasi-judicial committees.