Agenda and minutes

            Apologies were reported on behalf of Alderman Copeland and Councillor Magennis.

            The minutes of the meeting of 14th August were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 2nd September, 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 Building Control Manager provided an overview of the following report:

“1.0      Purpose of Report or Summary of Main Issues

1.1       To consider an application for the Grant of a 7-Day Annual Indoor Entertainments Licence for the Lansdowne Hotel based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2

1.3       A copy of the application form is available on the Council’s website.

1.4       A location map of the premises is attached (copy available on the Council’s website).

2.0       Recommendations

2.1       Considering the information presented and representations received in respect of the application you are required to make a decision to either:

1.      Approve the application for the Grant of the 7-Day Annual Entertainments Licence, or

2.      Approve the application for the Grant of the 7-Day Annual Entertainments Licence with special conditions, or

3.      Refuse the application for the Grant of the 7-Day Annual 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 the application is refused and an appeal is lodged entertainment may not be provided during the appeal period.

3.0      Main report

            Key Issues

3.1       Three objections have been received from residents living near the Hotel. The nature of their objections relates to the following:

·        Conversations and noise from patrons using the beer garden are at unacceptable levels of noise.

·        The high level of noise breakout from the venue.

·        The dispersal of patrons and taxis late at night create an unacceptable level of noise.

·        The granting of a licence will escalate the noise problems from the beer garden.

3.2       Copies of these objections are available on the Council’s website.

            Liaison meetings

3.3       Following receipt of the objections the Service facilitated liaison meetings between all parties involved to discuss residents’ issues and attempt to resolve them.

3.4       Two of the objectors, a hotel director and an Officer from the Service Officer met at the Hotel to discuss resident’s concerns on 3 July 2019 and a second meeting was held on 18 July to allow a further resident who had been on holiday to discuss their issues.

3.5       Following discussions, the hotel management implemented arrangements in relation to patron dispersal and noise as requested by residents. However, despite these meetings the residents still wish to pursue their objections.

3.6       As required by the Committee Protocol the applicant and each of the objectors were requested to provide their representation in advance of the meeting for consideration.

            Objectors Representation

3.7       The objectors Representation Forms are attached as Appendix 4 and they have been provided to the applicant, as required by the protocol.

3.8       In general, the representations relate to concerns as  ...  view the full minutes text for item 6.

            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 Fountain Lane, 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 on Monday to Saturday from 11.30 a.m. till 1.00 a.m. and on Sunday from 12.30 p.m. to midnight. The licensee had now applied to provide entertainment till 2.00 a.m. the following morning on Monday to Sunday. 

            He pointed out that the applicant had stated that the main reason they wished to extend the hours of entertainment was to compete with other premises in the City centre providing late night entertainment.

            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 advised that no noise complaints had been received in relation to the premises in the last 12 months.

            The Committee agreed to vary the Seven-Day Annual Indoor Entertainments Licence for Fountain Lane, 16-20 Fountain Street, thereby permitting entertainment to take place till 2.00 a.m. the following morning on Monday to Sunday.

The Committee was reminded that the Houses in Multiple Occupation (HMO) Act NI 2016 became operational on 1st April, 2019 when the Council took over operational responsibility for HMO licensing and enforcement.

            The NIHMO Manager advised that the purpose of the Houses in Multiple Occupation Act (Northern Ireland) 2016 was to enable better regulation of Houses in Multiple Occupation (HMO), by introducing a system of licensing and new provisions about standards of housing. He reported that the NIHMO Unit based in the Council acted on behalf of each of the 11 Northern Ireland Council’s to ensure an efficient and effective approach to all regulatory and enforcement activities would be carried out under the Act and the associated sub-ordinate legislation.

            He highlighted that the proposed HMO Enforcement Guidelines were attached in Appendix 1 (copy available here) which set out the principles which would enable the NIHMO Unit to provide an effective and fair service, and to ensure consistent and open enforcement.

            In relation to Fixed Penalty Notices (FPNs), the NIHMO Manager stated that the Houses in Multiple Occupation (HMO) Act NI 2016 provided a wide variety of enforcement options, including the ability to serve FPNs and highlighted that the issuing of a notice would be an alternative to prosecuting the offender. He advised that, to date, 5 fixed penalty notices had been issued and four of the penalty fines had been paid. 

            He confirmed that more than 100 properties in Belfast, previously licensed as HMOs, had not applied to renew their licenses and the properties would be inspected and assessed for any offences under the HMO Act.

            He informed the Committee that, for offences (other than section 31(1) exceeding licensed occupancy for which there is no reasonable excuse provision), the NIHMO Unit would write to the owner or the managing agent and request an explanation. However, if no reasonable excuse was forthcoming, an authorised officer would serve a fixed penalty notice and, in accordance with section 8.5 of the aforementioned HMO enforcement policy, failure to pay the fixed penalty notice would result in the Council commencing legal proceeding of the alleged offence.

            The Committee agreed to endorse the HMO enforcement Policy Guidelines and noted the information which had been provided, in particular the service of fixed penalty notices.

            The Committee was reminded that, under the Scheme of Delegation, the Director of City and Neighbourhood Services Department was responsible for exercising all powers in relation to the issue and variation, but not the refusal of HMO Licences, excluding provisions relating to the issue of HMO Licences where adverse representations had been made.

            The NIHMO Manager reported that, under the terms of the Houses in Multiple Occupation Act (Northern Ireland) 2016 and The Houses in Multiple Occupation (Commencement and Transitional Provisions) Order (Northern Ireland) 2019, the HMO Licences, which had been issued since the last Committee, were outlined in the report (copy available here).

            The Committee noted the HMO applications which had been issued under the Scheme of Delegation.

The information contained in the report associated with the following item is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

      Resolved – That the Committee agrees to exclude the members of the Press and public from the Committee meeting during discussion of these items as, due to the nature of the items, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (NI) 2014.

            The Divisional Solicitor provided the Committee with an update on the requirement of planning permission as part of the renewal application process.

            She reported that, pursuant to the 2016 Act, the Council may only grant a licence if it was satisfied of the following:

·        the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

·        the owner of the living accommodation, and any managing agent of it, were fit and proper persons;

·        the proposed management arrangements for the living accommodation are satisfactory);

·        the granting of the licence will not result in overprovision of HMOs in the locality in which the living accommodation was situated and

·        the living accommodation was fit for human habitation and—

·        was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

·        could be made so suitable by including conditions in the licence.

            She advised that Section 20 of the 2016 Act covered renewals and it stated that, where the holder of an HMO licence made an application in accordance with this section for it to be renewed, the Council may renew the licence. In doing so, the above provisions applied except for the provisions in relation to the breach of planning control and overprovision.  

            Following advice from Senior Counsel in relation to this issue, the Divisional Solicitor reiterated that issues relating to whether premises had the benefit of planning permission could not be considered in HMO renewal applications.

Noted.

It was reported that, under Article 4 and Schedule 2 of The Local Government (Miscellaneous Provisions) (NI) Order 1985 (the Order), the Council had powers relating to the Licensing of Sex Establishments. Paragraph 19, Schedule 2 provided that an applicant for the grant, renewal or transfer of a licence shall pay a reasonable fee determined by the council.

Unlike the Street Trading Act (NI) 2001 and the Licensing of Pavement Cafés Act (NI) 2014, there was no procedure prescribed in the Order that the Council must follow in determining the Licence fee.

The Building Control Manager advised that current Sex Establishment Licence fees were initially set by the Committee in June, 2016 and the Committee had agreed that a review of the fees be conducted each year.

The Committee agreed that the following current fees, set in September 2018, remain unchanged: