Agenda and minutes

            Apologies were reported on behalf of Councillors Howard and Hutchinson.

            The minutes of the meeting of 18th September 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 October, 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 approved the following schedule of meetings for 2020:

·         Wednesday, 22nd January;

·         Wednesday 19th February;

·         Wednesday, 18th March;

·         Wednesday, 15th April;

·         Wednesday, 20th May;

·         Wednesday, 17th June;

·         Wednesday, 19th August;

·         Wednesday, 16th September;

·         Wednesday, 14th October;

·         Wednesday, 18th November; and

·         Wednesday, 16th December.

            All meetings to commence at 5.00 p.m.

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

            The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of Main Issues

1.1       To reconsider an application from Hazeldene Enterprises Limited, for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985.

1.2       Members are advised that an Amusement Permit was granted for Onassis Amusements at your meeting on 6 October 2014.

1.3       Subsequently, Oasis Retail Services Limited, an objector to the grant of the amusement permit, sought leave to apply for Judicial Review in respect of the decision of the Council to grant the permit. The Court of Appeal decision, delivered on 24 September 2018, resulted in the quashing of the decision of the Council to grant a permit to Hazeldene Enterprises Limited for premises at Botanic Avenue.

1.4       The effect of the Judgement of the Court of Appeal to quash the decision is that the Licensing Committee must now consider the application afresh and in light of the Judgement.

1.5       Mr John Gerard Burns is the applicant on behalf of Hazeldene Enterprises Limited.

1.6       A location map is attached as Appendix 1 (copy available here).

2.0       Recommendations

2.1       The current policy, dictated by the governing Order, is that the Committee, in considering the application for the Grant of an Amusement Permit, shall have regard to:

a)     The fitness of the applicant to hold a Permit having regard to his character, reputation and financial standing,

b)     The fitness of any other person by whom the business is to be carried on under the Permit would be managed, or for whose benefit that business would be carried on,

c)     Representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub-division the premises are situated, and

d)     Representation, if any, as a result of the public notices of advertisement.

2.2       You are then required to make a decision based on the following options set out under the Order. You must refuse the application unless satisfied that:

a)     The applicant is a fit person to hold an Amusement Permit; and

b)     The applicant will not allow the business proposed to be carried on under the Amusement Permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of an Amusement Permit.

2.3       Thereafter:-

1.      You may refuse the application after hearing any representations from third parties, or

2.      You may grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

2.4       In the case of premises, that have machines with the maximum cash prize of £25, where admission is restricted to persons aged 18 or over that –

·        no persons under 18 are admitted to the  ...  view the full minutes text for item 7.

            The Committee was reminded that, at its meeting on 18th September, it had considered three separate applications for the grant of a Stationary Street Trading Licence for a designated site in Fountain Street. The Committee, having considered the representations made in respect of the applications, had agreed that it was minded to grant to Mr. S. Donnelly, a Stationary Street Trading Licence, on a one-year trial basis, permitting him to sell tour tickets and tour memorabilia on a Monday to Sunday between the hours of 9.00 a.m. and 5.00 p.m., in Fountain Street, at a site which had been designated previously for the sale of those commodities, subject to:

                                      i.          the applicant providing all necessary documentation;

                                    ii.          the receipt of the appropriate licensing fees; and

            As a consequence of the decision to grant the Licence to Mr. Donnelly and the fact that there was only one designated site available, the Committee had agreed that it was minded to refuse the applications which had been submitted by Mr. Brown and Mr. Kerr, on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which they wished to trade.

            The Building Control Manager reported that the unsuccessful applicants had been advised that, as required under Section 12(2)(b) of the Street Trading Act (Northern Ireland) 2001, they would be permitted to make written representation to the Council within twenty-one days of being notified of the Committee’s decision.  He confirmed that representations had been received from Mr. Brown and Mr. Kerr as outlined in the report.

          After consideration, the Committee agreed, in its capacity as Licensing Authority, to affirm its decision of 18th September to grant to Mr. S. Donnelly, a Stationary Street Trading Licence, on a one-year trial basis, permitting him to sell tour tickets and tour memorabilia on a Monday to Sunday between the hours of 9.00 a.m. and 5.00 p.m., in Fountain Street, at a site which had been designated previously for the sale of those commodities, subject to:

                                   iii.          the applicant providing all necessary documentation;

                                   iv.          the receipt of the appropriate licensing fees; and

            As a consequence of the decision to grant the Licence to Mr. Donnelly and the fact that there was only one designated site available, the Committee agreed to refuse  the applications which had been submitted by Mr. Brown and Mr. Kerr, on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which they wished to trade.

            The Committee noted the applications that had been issued under the Council’s Scheme of Delegation.

Members were reminded that the Committee has received training in the following areas to date:

·         Overview of the different types of regulatory functions for which the Committee is responsible;

·         Committee protocol and representation process;

·         Legal principles governing the decision-making process;

·         Alcohol licensing matters and its relationship to entertainments licensing; and

·         Belfast City Council’s Amusement Permit policy.

            After discussion, the Committee agreed that a further training session be organised on Houses in Multiple Occupation Act NI 2016 and its application.