Agenda and minutes

            Apologies for inability to attend were reported on behalf of Alderman Spence and Councillors Collins, Craig, Groves and McReynolds.

            The minutes of the meeting of 16th January 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 February, 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 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.

            The Regulatory Services Manager informed the Committee that an application had been received for the renewal of a Seven-Day Annual Indoor 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, in respect of AM:PM, 38-44 Upper Arthur Street.

            He reported that it was a requirement of the legislation that, after an individual had been convicted of an offence under the Local Government (Miscellaneous Provisions) (NI) Order, any application for renewal of an Entertainments Licence must be brought before the Committee for a period of five years.

            He reported that the licensee of AM:PM had, on 6th January, 2017, been fined £2750 and instructed to pay costs of £66, following an inspection by Council officers, which had found that entertainment was being provided on the second floor without an Entertainments Licence, that the rear escape stairs and door were obstructed, that the rear escape corridor on the ground floor was obstructed, that the fire door was held open on the ground floor escape route, that all escape routes were not maintained with non-slippery and even surfaces and that the Entertainments Licence was not being displayed.

            He pointed out that the Committee had, in subsequent years, agreed to renew the Entertainments Licences and that, on the two occasions over the past year on which 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 application and that neither the Northern Ireland Fire and Rescue Service or the Police Service of Northern Ireland had offered any objections.

            The Committee agreed, in its capacity as Licensing Authority, to renew the Annual Indoor Entertainments Licences in respect of AM:PM, 38-44 Upper Arthur Street.

            The Regulatory Services Manager informed the Members that an application had been received for the grant of a 14-Day Occasional Outdoor Entertainments Licence in respect of Dunmurry Park, Kingsway.  He informed the Committee that the Park was owned and maintained by Belfast City Council which intended to offer the use of the space for small community type events.

            He pointed out that a public notice of the application had been placed and that no written representation had been lodged as a result of the advertisement.  He also confirmed that that the Police Service of Northern Ireland had offered no objections.

            He further informed the Members that officers from the Building Control Service had engaged with representatives from Parks Services regarding the general long-term use of the space.  He advised the Members that Mr. L. McKinley, City Parks Manager, was present should the Committee be minded to discuss the application with him.

            After discussion, the Committee agreed that it would be beneficial to hear from Mr. L. McKinley, City Parks Manager, and he was welcomed to the meeting.

            A Member asked Mr. McKinley what type and size of events were envisaged for the Park as it was located in an interface area and had a history of antisocial behaviour associated with it.  He added that engaging with the local community with regard to any planned events would be necessary.  Mr. McKinley informed the Members that the majority of events held within Dunmurry Park would be small to medium sized, cross community events and that all local residents would be consulted in advance of any event taking place.

            The Chairperson thanked Mr McKinley for his attendance and he retired from the table.

            The Committee agreed to the grant of the 14-Day Occasional Outdoor Entertainments Licence from Monday to Sunday, 11:30am to 11:00pm, with the following special conditions:

·         Maximum numbers will be agreed at the discretion of the Building Control Service and will vary depending upon individual concert set up proposals.

·         Prior to any event taking place the promoters are required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints, which has been agreed in advance with the Council.

·         Any requests to provide entertainment later than 11.00 pm must be considered by the Licensing Committee and therefore must be made at least 3 months in advance of the proposed event.

            The Committee further agreed that should an application to provide entertainment beyond 11.00 pm be granted and the Council subsequently were to receive a significant number of complaints regarding noise or if the complaint is of such significant impact, that authority be granted to the Director of Planning and Building Control, in consultation with the City Solicitor, to reduce the finishing time for any subsequent nights of the event, in which case, the promoter would be required to make contingency arrangements

            The Committee considered the following report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Committee is reminded that at your meeting of 16 January 2019, you approved the application for a Temporary Street Trading Licence to Mr Gavin Gregg of City Picnic to trade Tuesday to Thursday from 8am to 5pm and Friday and Saturday 8am to 2am the following morning selling hot and cold food and non-alcoholic beverages from a catering trailer on Donegall Place.

1.2       Four inspections have been carried out including at night and there were no issues found.

1.3       It was agreed that authority is delegated to the Director of Planning and Building Control to renew the licence upon application on not more than four further occasions, and that the Licensee must undertake to maintain the area adjacent to the premises with regard to litter.

1.4       It was further agreed that the City Solicitor would provide a legal opinion for consideration at the February meeting regarding protocol for future applications for Temporary Street Trading Licences in Donegall Place. A copy of the Minute is attached as Appendix 1.

1.5       The Licence expires on 19th February 2019. 

1.6       Mr Arthur McAnerney of City Picnic has now applied to trade the same days and hours selling the same products from the same trailer in Donegall Place.

2.0       Recommendations

2.1       Based on the information presented and considering any representations received, the Committee is requested to consider the application and decide whether it is minded:

1.   To grant and approve the Licence, or;

2.   To grant and approve the Licence with additional conditions, or

3.   To refuse the Licence application.

2.2       Members may attach any reasonable Conditions when granting a Street Trading Licence.

2.3       If Members are minded to grant the Temporary Licence, you are then requested to delegate to the Director of Planning and Building Control authority to grant any further Temporary Licences that may be required.

2.4       If the licence is refused, the applicant may appeal the Council’s decision within 21 days of notification of that decision to the Magistrates’ Court.

3.0       Main report

            Key Issues

Legislative background for Temporary Street Trading

3.1       The Street Trading Act (NI) 2001 Section 14 permits the Council to issue a Temporary Street Trading Licence where a full-term Licence may not be appropriate, for example, for special events such as festivals, fairs, etc. The Act permits temporary trading to take place in an undesignated street or in goods or services which are normally prohibited in that street.

3.2       The legislation permits the Council to grant a temporary licence to an applicant for up to 7 days.   No more than 5 Temporary Licences may be issued to any one applicant in a year.

3.3       Members may be aware that the Council, through the Health and Environmental Services Committee, had previously agreed a Policy in 2001 with respect to the granting of Temporary Licences.

3.4       Applications to permit Temporary Street Trading are normally only permitted at special events such as Christmas Lights  ...  view the full minutes text for item 8.

(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 received Royal Assent on 12th May 2016 and is due to be commenced on 1st April 2019.  The Department of Communities (DfC) will also be laying some subordinate Regulations at the same time, one of which is the Houses of Multiple Occupation (Fees) Regulations (NI) 2019. This sets the maximum level of fee for an application for a HMO licence at £45 per person per annum.

1.2       DfC has carried out a stakeholder engagement in relation to the subordinate legislation and the feedback from stakeholders had been fully reviewed. No concerns were raised in that engagement in relation to the maximum fee which is being proposed in the Regulations. 

1.3       Whilst the Regulations set a maximum fee level of £45 it is proposed to set the fee at £37 per person per annum which, it is estimated, will allow the service to be provided on a cost neutral basis. The fee will be subject to review after two years by both council officers and DfC.  

1.4       This report also provides the Committee with detail regarding the powers available to the Council under the 2016 Act in relation to the enforcement of the HMO licensing regime via the imposition Fixed Penalty Notices.

2.0       Recommendations

2.1       The Committee is asked to:

•        note the update information regarding the fees for the Houses of Multiple Occupation licensing function;

•             agree to set a fee of £37 per person per annum in respect of an application for a HMO licence;

•        agree additional fees for an application to vary a licence, and those for supplying a certified copies from, or of, the register;  

•        note the information regarding the use of Fixed Penalty Notices as enforcement functions that are available to the Council under the Houses in Multiple Occupation (HMO) Act NI 2016;

•        agree the value of any fixed penalty notices that may be issued.

3.0       Main Report

Key Issues

Fees

3.1       Members are reminded that The Houses in Multiple Occupation (HMO) Act NI 2016 received Royal Assent on 12th May 2016 and is due to be commenced on 1st April 2019. This will transfer responsibility for regulating HMOs from the Northern Ireland Housing Executive (NIHE) to local district councils. The new scheme will be a licensing scheme which assesses whether the applicant is a fit and proper person to hold a licence. This paper relates to the proposed fees which are to be introduced as part of that new scheme. 

3.2       Following the preparation of a draft budget, and a subsequent detailed review by external consultants, officers of both DfC and Councils consider that a fee of £37 per person per annum would provide for full cost recovery for the service.

3.3       The budget reflects the need to provide for full cost recovery for the  ...  view the full minutes text for item 10.

(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 received Royal Assent on 12th May 2016 and is due to be commenced on 1st April 2019.  The Department of Communities (DfC) will also be laying some subordinate Regulations at the same time.

1.2       This paper provides Members with information regarding the Standard Conditions and the approach to managing Anti-Social Behaviour.

2.0       Recommendations

2.1       The Committee is asked to endorse:

•     the proposed Standard Conditions;

•     the proposed approach to tackling Anti-Social Behaviour.

3.0       Main report

            Key Issues

3.1       Members are reminded that The Houses in Multiple Occupation (HMO) Act NI 2016 received Royal Assent on12th May 2016 and is due to be commenced on 1st April 2019.  This will transfer responsibility for regulating HMOs from the Northern Ireland Housing Executive (NIHE) to local district councils.

Standard conditions

3.2       The proposed standard conditions are attached in Appendix 1.  The conditions imposed within this document will apply to all houses in multiple occupation (HMOs) in Northern Ireland, and will be attached to all licences as they are issued.  They are imposed for the purpose of regulating both the management, use and occupation of the HMO, and its condition and contents.

3.,3      The Council may include further conditions in the licence in addition to the conditions contained in this document.  Such conditions, if imposed, shall be appended to the licence certificate.

3.4       It is noted that if effectively implemented and sufficiently resourced, a new HMO regulatory framework for HMOs in Northern Ireland has the potential to have a positive impact on the lives of those living in HMOs, the owners of HMOs, and the residents of the communities in which HMOs are located.  It is acknowledged that responsible HMO landlords want to be good neighbours, take the behaviour of their tenants seriously and already endeavour to resolve any alleged anti-social behaviour linked to their properties.  Councils will continue to support landlords in doing so. 

Tackling Anti-social Behaviour

3.5       The proposed ‘Tackling Anti-Social Behaviour in HMO Properties, A Guide for Owners and Managing Agents’ is attached in Appendix 2.  This will apply to all houses in multiple occupation (HMOs) in Northern Ireland, and will be attached to all licences as they are issued.

3.6       Section 10(6) of the Houses in Multiple Occupation Act (Northern Ireland) 2016 sets out the matters which are relevant for deciding whether an owner or managing agent is a fit and proper person for the purposes of the act.

3.7       It is acknowledged that legal action, and in particular issuing court proceedings, is a remedy of last resort in most cases and should only be considered where informal action has failed and the problem persists or where the problems are considered sufficiently serious so as to warrant legal action. 

3.8       In instances where breach of conditions problems persist, the use of  ...  view the full minutes text for item 10a

The Committee was reminded that, at its meeting on 19th September, it had agreed to vary the Designating Resolution for stationary street trading sites in Castle Junction and Castle Place to allow for the sale of bus tour tickets and that any resulting applications to sell tickets would be considered by the Committee and, if approved, be granted on a one-year trial basis.  The Committee also agreed that officers would, in consultation with Visit Belfast and other relevant agencies, develop potential criteria to assess the success of a trial period.

            The Regulatory Services Manager informed the Members that officers had been working in collaboration with Visit Belfast, the Department for Infrastructure’s Public Transport Division, Belfast City Centre Management, Police Service of Northern Ireland and Tourism NI to gauge the visitor experience of the tours in Belfast.

            He advised the Committee that an application had been received from Mr. J. Rea to vary his Street Trading Licence to allow him to sell bus tour tickets at castle Place and that officers felt it was necessary to have the aforementioned criteria in place before Mr. Rea’s application was considered.

            He informed Members that in the development of the proposed criteria, the following concerns were considered:

·        What “good experience” and “quality” would look like from a visitor point of view in buying the bus tour tickets from the stalls?;

·        How could previous problems in terms of approaching visitors and relations between the companies be avoided?;

·        What can the Council reasonably request the Licensed Street Trader to do given they are not the owner of the bus tour companies?

The Regulatory Services Manager added that a customer service focussed training programme could be endorsed and encouraged, however, it was noted that any training could not be made mandatory or specified as a condition of the Licence unless it was a grant or a renewal of a licence. 

            He advised the Members that, at the end of the one year period, officers would review feedback from key agencies and review any complaints received.  He added that Visit Belfast would continue with its role of monitoring activity and behaviour and that officers would carry out increased inspections of the stalls, particularly during the summer months.

Following discussion, the Committee agreed so set the following criteria for evaluating the trial period for the sale of bus tour tickets:

·        the uptake of training offered to the Street Trader;

·        the number of reports of alleged abusive or intimidating behaviour by Licenced Street Traders or bus company representatives;

·        the number of reports of alleged harassment involving Licenced Street Traders and different bus companies; and

·        the number of complaints to PSNI, Visit Belfast, BCC, BCCM or other statuary agencies.

It was further agreed that the Divisional Solicitor would seek options as to how Street Traders could be encouraged to facilitate more open competition amongst Bus Tour Operators.

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 of the 16th January 2019, the Committee agreed that a report be submitted to a future meeting outlining the options available to the Committee regarding authority to grant future applications where the applicant has been previously convicted of an offence under the Local Government (Miscellaneous Provisions) (NI) Order 1985 (the Order).

2.0       Recommendations

2.1       Taking into account the information presented, the Committee is requested to consider the proposals set out at 3.7 and agree how future applications should be presented to the Committee where the applicant has been previously convicted of an offence under the Order.

2.2       As all matters pertaining to policy and legislation in relation to licensing matters are not delegated any decision will be subject to ratification by Council.

3.0       Main report

            Key Issues

3.1       Committee is reminded that, at your meeting on 18th January 2017, you agreed that you would consider the revocation of an Entertainments Licence immediately after a licence holder is convicted of an offence.

3.2       This means that as soon as an applicant is convicted of an offence, rather than when their licence falls due for renewal, the Licensee is invited to appear before Committee and convince Members as to why their Licence should not be revoked.

3.3       This has the benefit that, regardless of any Court penalty, Members have the opportunity to impress upon the Licensee the severity of their offence and seek assurances in relation to future management of the premises. Whilst it is not possible to attach Conditions to an extant Licence an undertaking can be sought from a Licensee in terms of additional controls to be put in place at the premises. Compliance with such an undertaking is relevant to their fitness in any future renewal application.

3.4       In addition to the above, the Order requires the Council to consider any application for the grant, renewal or transfer of an Entertainments Licence where the applicant or their company has been found guilty of committing an offence within five years of the application for a licence being submitted to the Council.

3.5       Members are advised that since 2011, the Committee has considered 125 Committee reports for 50 premises as a consequence of legal action and previous convictions of applicants. Many of the applicant’s offences have been considered on more than one occasion due to the ‘5 year rule’. After the initial consideration of the conviction, none has been refused a grant of Licence.

3.6       On the majority of occasions, as there have been no further infringements, Committee have agreed to grant these applications without hearing from the applicants even though the applicants are required to attend the Committee meeting.

3.7       After discussion with Legal Services the following proposals have been drawn up which it is believed will streamline the Committee process for both Members and applicants:

1.     As agreed at your meeting of 18 January 2017 you  ...  view the full minutes text for item 12.