Agenda and minutes

            Apologies for inability to attend were reported on behalf of the High Sheriff (Councillor Howard) and Alderman L. Patterson.

            The minutes of the meeting of 20th 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 3rd December, 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 relation to Item 2 (a) – Licenses issued under Delegated Authority, in that he was an honorary member of Forthriver Bowling Club.

            The Committee noted a list of licences and permits which had been issued under the Council’s Scheme of Delegation.

            The Building Control Manager informed the Committee that an application had been received for the variation of a Seven-Day Annual Indoor Entertainments Licence in respect of The Speak-Easy, based upon the Council’s standard condition to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that entertainment was provided currently Monday to Sunday from 11.00am till 1.00 a.m.  The licensee had now applied to provide entertainment till 2.00 a.m. on Thursday, Friday and Saturday.  In addition, the applicant had specified six occasions during the year for which approval was sought to provide entertainment to 2.00am should the occurrences fall on either a Sunday, Monday, Tuesday or Wednesday evening.  The occasions specified by the applicant include Boxing Night, New Year’s Eve, Saint Patrick’s night, Easter Monday, May Day and Halloween.

            The Building Control Manager 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.

            He provided details of the two inspections which had been undertaken since the Entertainments Licence had been granted in September 2018 and confirmed that all technical requirements and associated procedures had been found to be satisfactory.

            He reported that there had been four noise complaints received in relation to the premises since it had been operating and that the applicant had undertaken an investigation into the noise complaints and had put in place in an effort to resolve the noise disturbance local residents had experienced.

            He added that Mr. Brian Horgan, acting on behalf of the applicant organisation, was in attendance should the Committee require additional information.

            The Committee agreed that it would be beneficial to hear from Mr. B. Horgan, Head of Campus Food and Drink at Queen’s University, and he was welcomed to the meeting.

            A Member asked Mr. Horgan what he had done in relation to the four noise complaints that had been received from local residents.  Mr. Horgan informed the Committee that the complaints had been received in the first four weeks of operation, during a period of settling in.  He said that he had subsequently taken advice from Building Control officers to mitigate the noise complaints and had taken a number of measures including adjusting the sound system to reduce the bass levels, installed a noise meter and taking regular readings which were recorded in a log book.  Mr. Horgan also informed the Committee that a noise limiter had been installed which, if the noise output reached a critical level, the PA system would cut out.  

            The Committee agreed to vary the Seven-Day Annual Indoor Entertainments Licence for The Speak-Easy, QUB Students’ Union Bar,92-96 Lisburn Road thereby  ...  view the full minutes text for item 6.

            The Committee was reminded that, at its meeting on 16th May, it had agreed that it was minded to revoke two Stationary Street Trading Licences held by Mr. J. Kerr for designated sites in Fountain Lane and Fountain Street, on the basis that he had failed to pay the annual licence fee for each site and that he be invited to make representation to the Committee regarding that decision.  At its meetings on 15th August and 16th September, it had, due to Mr. Kerr’s inability to attend on each occasion, agreed to defer the matter.

            The Committee was reminded further that, at its meeting on 17th October, it had agreed to revoke the Stationary Street Trading Licence for Fountain Street, on the basis that it was the least utilised of Mr. Kerr’s two sites, and agreed to defer, until its meeting in November, consideration of the site in Fountain Lane, to allow Mr. Kerr to establish a plan for the repayment of his outstanding licence fees.

            At its meeting on 20th November, 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.

            The Building Control Manager informed the Committee that, since its meeting in November, Mr. Kerr had made a payment of £250 towards the arrears he owed to the Council from failure to pay Stationary Street Trading Licence fees for his site in Fountain Lane and former site in Fountain Street.  In addition, Mr. Kerr had paid £104.16 towards the licence fee for his Fountain Lane site. 

            He added that Mr. Kerr and his wife, Mrs. Kerr, were in attendance should the Committee require additional information.

            The Committee agreed that it would be beneficial to hear from Mr. and Mrs. Kerr and they were welcomed to the meeting.

            A Member asked Mr. Kerr if they were willing to enter into a repayment plan with the Council and Mrs. Kerr informed the Committee that they had set up a direct debit with the Central Transactions Unit to pay the licence fee and the arrears accrued from non-payment of fees and that they would be willing to enter into a formal agreement with the Council to pay the remaining arrears.

            The Committee agreed to rescind its decision of 16th May to revoke a Stationary Street Trading Licence for a designated site in Fountain Lane, on condition that Mr. Kerr meets with officers and enters into and signs a formal agreement with the Council to pay the outstanding monies and the monthly licence fees.

The Committee considered the following report:

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider an application for the provisional grant of a 7-Day Annual Indoor Entertainments Licence for the former Arnott’s fruit warehouse building, now known as The Link, based on the Council’s standard conditions to provide indoor music, singing, dancing or any other entertainment of a like kind and theatrical performances.

1.2       A copy of the application form is attached as Appendix 1.

1.3       A location map is attached as Appendix 2.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received you are required to consider the application and to either:

1.      Approve the application for the provisional grant of 7-Day Annual Indoor Entertainments Licence, or

2.      Approve the application for the provisional grant of 7-Day Annual Indoor Entertainments Licence with Special Conditions, or

3.      Refuse the application for the provisional grant of 7-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       If you are of a mind to refuse the application or attach Special Conditions to the licence within 7 days from the date of the Council’s decision the applicant will be advised in writing of their right to an opportunity of appearing before and of being heard by the Committee.

3.0       Main report

            Key Issues

            Provisional grant of a licence

3.1       There is provision within the Local Government (Miscellaneous Provisions) (NI) Order (the Order) to make application for the grant of an entertainments licence in respect of premises which are to be, or are in the course of being, constructed, extended or altered. 

3.2       If the Council is satisfied that the premises would, if completed in accordance with plans deposited in accordance with the requirements of the Council, be such that it would grant the licence, the Council may grant the licence subject to a Condition that it shall be of no effect until confirmed by the Council.

3.3       This is described as the provisional grant of a licence.

3.4       The Order stipulates that the Council must confirm any licence granted provisionally when it is satisfied that the premises have been completed in accordance with the plans deposited with the application or in accordance with those plans as modified with the approval of the council.

3.5       Should Members be of mind to grant the licence provisionally, Committee is requested to consider delegating authority to the Director of Planning and Building Control in consultation with the City Solicitor to issue the licence once all necessary technical requirements relating to health, safety, welfare and amenity have been completed to the satisfaction of the Building  ...  view the full minutes text for item 8.

            The Committee was reminded that at the meeting of Council on 3rd December, a notice of motion in relation Sexual Harassment was referred to the Licensing Committee.

            In accordance with notice on the Council agenda, Councillor McReynolds proposed:

“This Council is concerned at the number of women in Belfast that feel they have been the victim of sexual harassment.

The Council understands the important role that our universities and entertainment and hospitality sector can play in tackling sexual harassment and endorses the Zero Tolerance campaign that has been adopted by Canterbury and Medway Councils.  Accordingly, the Council will undertake to work with our universities, hospitality sector and the PSNI to roll out a similar scheme in Belfast.”

            The motion was seconded by Councillor Nicholl.

            In accordance with Standing Order 13(f), the motion was referred, without discussion, to the Licensing Committee.

Amendment

Moved by Councillor Nic Biorna, 

Seconded by Councillor Craig,

            That the wording of the motion be amended with the replacement of the final sentence with the following:

Accordingly, the Council will undertake to meet with our universities, hospitality sector and the PSNI to explore any industry led initiatives that we can support, to tackle sexual harassment within our night time economy, keeping in mind that this is a global societal issue that needs tackled.

The Committee agreed to the amendment.

            After discussion, it was agreed that the Building Control Manager would undertake research and would bring a report back to the Committee and invite Hospitality Ulster and any other organisations who may have an interest in an industry led initiative to deter sexual harassment to the meeting.