Agenda and minutes

            Apologies for inability to attend were reported on behalf of Alderman Spence and Councillor Nic Biorna.

            The minutes of the meeting of 20th 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 1st 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 DEALT WITH THE FOLLOWING ITEMS IN PURSUANCE

OFTHE POWERS DELEGATED TO IT UNDER STANDING ORDER 37(d)

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

            The Committee considered the following report:

Purpose of Report or Summary of main Issues

To consider initiating the process to refuse the renewal of the Stationary Street Trading Licence held by Mr Joseph Kerr for continuing non-payment of Licence fees and failure to use the Street Trading Licence to a reasonable extent.

Recommendations

Members are asked to decide whether: -

1.     They are minded to refuse the renewal of Mr Kerr’s Licence as he has, without reasonable explanation, failed to pay any fees or charges due to the Council and, without reasonable excuse, failed to avail himself to a reasonable extent of his licence; or

2.     If Committee is minded to refuse to renew the licence to agree to consider the refusal of the Licence at a future meeting at which Mr Kerr would be invited to make representation regarding his failure to pay the fees due and non-use of his Licence.

Main report

Key Issues

Legislative Background

The Street Trading Act (NI) 2001 places a statutory obligation on the Council to grant an application for a Street Trading Licence unless there are sufficient grounds to refuse it.

Section 9 (1) of the Act sets out discretionary grounds under which a district council may refuse to grant an application. These are as follows:

a.     That –

i.     The location at which the applicant wishes to trade as a stationary trader is unsuitable;

ii.   The space in the designated street in which the applicant wishes to trade as a stationary trader is inadequate for the applicant to do so without causing undue interference or inconvenience to persons or vehicles using the street;

iii.The area or areas of the district in which the applicant wishes to trade as a mobile trader are unsuitable for the applicant to do so without causing undue interference or inconvenience to persons or vehicles in the area or areas;

iv.There are sufficient traders trading in the street, or at premises adjoining it, in the articles, things or services in which the applicant wishes to trade;

v.   The nature of the articles, things or services in which the applicant wishes to trade is such that their sale or supply, or their preparation for sale or supply, would adversely affect the general amenity of the area in which the applicant wishes to trade;

b.     That the applicant has, in connection with the application, made a statement which he knows to be false in a material particular;

c.     That the applicant is, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a street trading licence;

d.     That the applicant has, without reasonable excuse, failed to avail himself to a reasonable extent of a previous street trading licence;

e.     That the applicant has at any time been granted a street trading licence by the council, which was revoked or could have been revoked on the grounds that he had refused or neglected to pay fees or other charges due to the council in  ...  view the full minutes text for item 6.

The Committee considered the following report:

Purpose of Report or Summary of main Issues

The Cathedral Quarter Arts Festival will run their annual musical arts festival over eleven nights within a marquee at Custom House Square from Thursday 2 May to Sunday 12 May 2019. This report is to consider a request from the organisers to permit entertainment to run beyond 11.00 pm to 12.00 am on four of those nights.

Recommendations

Taking into account the information presented and any representations received you are required to consider the request to extend the hours of entertainment and, subject to all technical requirements being met, either:

1.     Agree if the four proposed nights should be permitted to take place beyond the standard hours of licence or;

2.     Refuse any or all of the extended hours as requested.

Main report

Key Issues

Custom House Square is the responsibility of the Department for Communities and they currently hold both a 7-Day Annual Outdoor Entertainments Licence and a 7-Day Annual Indoor Entertainments Licence (Marquee) for the Square.

The standard days and hours during which the marquee is currently licensed to provide entertainment are:

·        Monday to Sunday:   11.30 am to 11.00 pm.

In addition, the following Conditions are attached to the Entertainments Licence:

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

2.     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;

3.     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;

4.     Should the Council receive a significant number of noise complaints for any event which has successive nights of entertainment permitted beyond 11.00 pm or if a complaint about an event beyond 11.00 pm is of major concern, then those successive nights with later hours may be subject to reduction and the promoter should have appropriate arrangements in place should this occur.

The Cathedral Quarter Arts festival has been taking place for the last 19 years and includes a wide programme of events of local, national and international music, literature, comedy and drama. The event is also regarded as being an integral part of the arts and cultural calendar in Belfast.

Members will recall that in previous years the Committee has granted extensions beyond the standard hours of 11.00 pm for the Cathedral Quarter Arts Festival. This was last considered by the Committee at your meeting on the 21 March 2018 when the organisers requested that entertainment be permitted beyond 11.00 pm to 12.00 am on two nights of the event. After consideration, you agreed to grant the request to extend the hours.

Whilst recognising that such music events contribute to the overall ‘vibrancy’ of the City it is  ...  view the full minutes text for item 7.