Agenda and minutes

            Apologies for inability to attend were reported from Alderman Copeland and Councillors Howard, Hutchinson and Whyte.

            No declarations of interest were reported.

The Committee considered the following application:

“1.0     Purpose of Report or Summary of main Issues

1.1          To consider an application for the grant of a 7-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment after 11.00 pm in respect of Pug Uglys based on the Council’s standard conditions to provide outdoor musical entertainment.

1.2          A location map is available on the Council’s Website.

1.3          Members are reminded that all applications for the grant of Outdoor Entertainments Licences must be brought before Committee for consideration.

2.0       Recommendations

2.1       The Committee is requested, having heard from the applicant,to:

a)    Approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment to the hours after 11.00 pm requested, or

b)   Approve the application for the grant with special conditions, or

c)   Refuse the application for the grant of the 7-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment after 11.00 pm.

2.2       If an 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. In the case that the applicant subsequently decides to appeal, outdoor entertainment may not be provided until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       The applicant has applied to provide outdoor entertainment within a carpark to the rear of 29 Bedford Street.

3.2       The applicant has also proposed to provide entertainment within the new outdoor area beyond 11.00pm. The day and hours proposed are:

·         Monday to Saturday: 12.00pm to 01.00am the following morning, and

·         Sunday: 12.30pm to midnight

3.3       Members are reminded that applications to provide outdoor entertainment beyond 11.00pm are subject to consideration by Committee.

3.4       The days and hours during which entertainment may be provided under the terms of the indoor Entertainments Licence are:

·         Monday to Saturday   11.30am to 3.00am, and

·         Sunday                         12.30pm to 3.00am.

3.5       The applicant proposes to provide entertainment within the new outdoor area in the form of DJs and live bands. Due to restrictions on licensed premises arising from Covid 19 the outdoor area will be used to increase capacity for the venue whilst adhering to social distancing requirements.

3.6       Layout plans of the new outdoor area are available on the Council’s Website.

Representations

3.7       Public notice of the application has been placed and no written representation has been lodged as a result of the advertisement.

PSNI

3.8       The Police Service of Northern Ireland has been consulted and has confirmed that they have no objection to the application.  A copy of their response are available on the Council’s Website.

NIFRS

3.9       The Northern Ireland Fire and Rescue Service have been consulted in relation to the  ...  view the full minutes text for item 4.

            The Building Control Manager informed the Committee that an application had been received for the grant of a 7-Day Annual Outdoor Entertainments Licence in respect of Whites Tavern for permission to provide entertainment after 11.00 pm based on the Council’s standard conditions to provide outdoor musical entertainment.

            He reported that the current Indoor Entertainments Licence granted to the premises is a 7-Day Annual Licence which extends to 2.00 am.

            He advised that the applicant had applied to provide outdoor entertainment within 14-16 High Street and a new opening had been formed between Whites Tavern and this building with the roof being removed to create an external space. He reported that the building works to create this external space were ongoing and were planned to be completed by the end of August. He confirmed that, if the Committee were minded to grant the Outdoor Entertainments Licence, it would not be issued until such time as all works and technical requirements were completed to the satisfaction of the Service.

The Building Control Manager confirmed that the applicant had proposed to provide entertainment within the new outdoor as follows:

·         Monday to Saturday: 12.00 pm to 2.00 am the following morning, and

·         Sunday: 12.30 pm to 1.00 am the following morning.

            He pointed out that the applicant had stated that the main reason they wished to provide outdoor entertainment was due to restrictions on licensed premises arising from Covid 19 and the outdoor area would be used to increase capacity for the venue whilst adhering to social distancing requirements.

            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.

            He highlighted that a copy of the applicant’s proposals to mitigate the spread of COVID-19 had been provided to the Health and Safety section of City and Neighbourhood Services for their consideration.

            He advised that no noise complaints had been received in relation to the premises in the last 12 months and there did not appear to be any residential premises in the vicinity, therefore it was unlikely that noise from the area of the premises would adversely impact on nearby noise sensitive premises. However, as the applicant proposed to provide outdoor entertainment to 2.00 am an acoustic report had been requested for the outdoor area and would be provided to the Environmental Protection Unit for evaluation.

            The Committee agreed to grant the Seven-Day Annual Outdoor Entertainments Licence for unit to the rear of Whites Tavern, 14-16 High Street, thereby permitting entertainment to take place from Monday to Saturday: 12.00 pm to 2.00 am the following morning, and Sunday: 12.30 pm to 1.00 am the following morning, subject to the completion of building works and technical requirements to the satisfaction of the Building Control Service.

            The Committee was reminded that, at its meeting on the 19th September, 2018, it had been agreed that any further applications to sell bus tour tickets would be considered by the Committee and, if approved, be granted on a one-year trial basis.

            The Building Control Manager informed the Committee that an application had been received from Mr. M. Kerr for the grant of a Stationary Street Trading Licence at the available designated site in Cornmarket, which would permit him to sell tour tickets (including bus tours), art work, clothing, clothing accessories, confectionery, flowers and plants, jewellery, jokes, novelty items, seasonal items, souvenirs, wrapping paper and cards. Mr. Kerr was proposing to operate his business from Monday till Sunday between the hours of 6.00 am and 10. 00 pm.

            He reminded the Committee that Mr. Kerr already had a Stationary Street Trading Licence to trade at the designated site in Fountain Lane, selling similar commodities including bus tour tickets. However, since being granted that Licence, Mr Kerr had not been able to trade due to Covid 19 restrictions.

 He reported that neither Transport NI nor the Police Service of Northern Ireland, who had been consulted on the application, had offered any objections.  

           The Committee agreed, in its capacity as Licensing Authority, to grant to Mr. M. Kerr a Street Trading Licence for a designated site in Cornmarket, permitting him to sell tour tickets (including bus tours), art work, clothing, clothing accessories, confectionery, flowers and plants, jewellery, jokes, novelty items, seasonal items, souvenirs, wrapping paper and cards, from Monday to Sunday from 6.00 am to 10.00 pm, on a one-year trial basis.

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

            The Committee was reminded that, at its June meeting, it was asked to consider whether it would be minded to grant or refuse the application for the renewal of a Licence permitting the use of premises as a House in Multiple Occupation (HMO) at 93B University Avenue.

            It was reported that, the Chief Executive’s decisions that were taken under delegated authority for the Licensing Committee in June, stated that, due to no consensus from the Committee, the application would be referred to committee for determination at the earliest opportunity.

            The Committee was reminded that Section 8 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 (“the 2016 Act”) stated that the council may grant a renewal application if it was satisfied that the applicant and their managing agent were fit and proper persons, and in assessment of this, the Council must have regard to any relevant convictions, including any offences which relate to the operation of HMOs.

            The HMO Unit Manager advised that the applicant had submitted an application to renew the HMO licence for the aforementioned premises which was deemed valid on 24th April, 2020.

            He highlighted that, pursuant to the 2016 Act, the applicant was required to declare any offences committed. As outlined under the Application History of the report, one of the applicants had failed to declare an offence in relation to the operation of HMOs in 2013. Therefore officers felt it was necessary to seek members’ views on whether they would be minded to either grant or refuse the licence, so that the applicant could be notified prior to the application being determined. He confirmed that the applicant was entitled to make representations in respect of the proposed decision before a final decision was made.

            The HMO Unit Manager advised that, pursuant to the 2016 Act, the Council may only grant a renewal application if it was satisfied of the following:

The owner, and any managing agent of it, are fit and proper persons;

a) the applicant and their managing agent are a fit and proper person;

b) the proposed management arrangements are satisfactory; and

c) the living accommodation is fit for human habitation and—

(i) is suitable for occupation as an HMO by the number of persons to be specified in the licence, or

(ii) can be made so suitable by including conditions in the licence.

            The HMO Unit Manager highlighted that as this was a renewal application planning permission and over provision could not be taken into account.

            He advised that, in considering the question of fitness, the Council must have regard to whether the person had committed any offence involving –

a) Fraud or other dishonesty,

b) Violence

c) Drugs,

d) Human trafficking, or

e) A firearm (within the meaning of Article 2(2) of the Firearms (Northern Ireland) Order 2004);

f) an offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements);

g) practised unlawful discrimination in, or  ...  view the full minutes text for item 8.

            The Committee was reminded that, at its June meeting, it was asked to consider whether it would be minded to grant or refuse the application for the renewal of a Licence permitting the use of premises as a House in Multiple Occupation (HMO) at 17 Colenso Parade.

            It was reported that, the Chief Executive’s decisions that were taken under delegated authority for the Licensing Committee in June, stated that, due to no consensus from the Committee, the application would be referred to committee for determination at the earliest opportunity.

            The HMO Unit Manager provided an overview of the application and explained that the application must be considered by the Committee, pursuant to the 2016 Act and aforementioned legal advice.

            He advised that the applicant had submitted an application to renew the HMO licence for the aforementioned premises which was deemed valid on 23rd March, 2020.

            He highlighted that, pursuant to the 2016 Act, the applicant was required to declare any offences committed. As outlined under the Application History of the report, the applicant had failed to declare an offence in relation to the operation of HMOs in 2014. Therefore officers felt it was necessary to seek members’ views on whether they would be minded to either grant or refuse the licence, so that the applicant could be notified prior to the application being determined. He confirmed that the applicant was entitled to make representations in respect of the proposed decision before a final decision was made.

            He advised that one objection had been received and a single noise complaint had also been received in respect of the property in March, 2017. 

            He reiterated that, due to data protection issues, the PSNI had not responded to the notification, but stated that Officers were not aware of any other issues relevant to the applicant’s fitness.

            During discussion, one Member raised general concerns in regards to HMO’s in the area in relation to overprovision, complaints from residents, anti-social behaviour, and the impact on local families.

            After discussion, the Committee agreed that it was minded to grant the application for the renewal of a Licence to operate a House in Multiple Occupation at 17 Colenso Parade.

            The Committee was reminded that, at its June meeting, it was asked to consider whether it would be minded to grant or refuse the application for the renewal of a Licence permitting the use of premises as a House in Multiple Occupation (HMO) at 29 Stranmillis Park.

            It was reported that, the Chief Executive’s decisions that were taken under delegated authority for the Licensing Committee in June, stated that, due to no consensus from the Committee, the application would be referred to committee for determination at the earliest opportunity.

            The HMO Unit Manager provided an overview of the application and explained that the application must be considered by the Committee, pursuant to the 2016 Act and aforementioned legal advice.

            The HMO Unit Manager advised that the applicant had submitted an application to renew the HMO licence for the aforementioned premises which was deemed valid on 28th February, 2020.

            He highlighted that, pursuant to the 2016 Act, the applicant was required to declare any offences committed. As outlined under the Application History of the report, the applicant had failed to declare an offence in relation to the operation of HMOs in 2014 and 2015. Therefore officers felt it was necessary to seek members’ views on whether they would be minded to either grant or refuse the licence, so that the applicant could be notified prior to the application being determined. He confirmed that the applicant was entitled to make representations in respect of the proposed decision before a final decision was made.

            He advised that no objections or recent noise complaints had been received in respect of the property.

            He reiterated that, due to data protection issues the PSNI had not responded to the notification, but stated that Officers were not aware of any other issues relevant to the applicant’s fitness.    

            The Committee received a representation from Mrs. J. Crawford. She advised that the failure to disclose the convictions on the application form had been an oversight on her behalf. She explained that, due to ill health and her husband previously dealing with the property management, she had not remembered the convictions, therefore did not fill in the form correctly. She reported that the house had been in their ownership for the last 25 years. 

            During Members questions, Mrs Crawford explained that she intended to get an agent to help manage the property but would always be on hand to assist. She also advised that they maintained close contact with tenants and their parents and had implemented behaviour policies and maintenance standards.  

            After discussion, the Committee agreed that it was minded to grant the application for the renewal of a Licence to operate a House in Multiple Occupation at 29 Stranmillis Park.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of Main Issues

1.1       The Street Trading Act (NI) 2001 (the Act) provides district councils with the power to designate or to rescind the designation of specific streets or parts of streets as being suitable for street trading.

1.2       If a street has not been Designated under the Act the Council cannot issue a Licence for street trading from a stationary position in that street.

1.3       At present, as previously decided by Committee, the designation process will be undertaken every 2 years to reduce the costs to the Council.

1.4       At your meeting of June 2019 the Committee granted approval to initiate the statutory process for the designation of a new street trading site. Therefore any new proposed street trading sites will not be considered by the Council before June 2021.

2.0       Recommendations

2.1       Members are asked to consider if they wish to deviate from the current policy regarding street trading designation time frames and agree that a new designation process be commenced.

3.0       Main Report

Key Issues

Background

3.1       The Act sets down the procedures which must be followed in considering whether to designate a site or rescind a designation. The steps the Council must undertake are summarised as follows:

a)   Give public notice of the proposed resolution;

b)   Consult with the PSNI, Department for Infrastructure, licence holders (if any) and other persons it considers appropriate;

c)   Consider any representations relating to the proposed resolution which it has received;

d)   After the Council has considered those representations it may, if it thinks fit, pass the Designating Resolution;

e)   Publish notice of the outcome for 2 consecutive weeks in 2 or more newspapers, giving not less than 28 days between the date of the publication and the date set out by the Council when the Designating Resolution will come into effect.

3.2       The Council has received two applications for new sites as well as a number of other enquiries about designating new sites.

3.3       Officers have advised those enquiring about the Council’s policy on carrying out designation every two years and that any new proposed street trading sites will not be considered by the Council before June 2021.

3.4       Given the current situation and the impact it has had on the economy this advice has been met with disappointment by prospective applicants.

3.5       In an effort to assist permission is sought to deviate from the agreed policy and to engage with those who have made enquires and to bring back a report detailing the proposed sites for designation to a future meeting of the Committee.

Financial and Resource Implications

3.6       There are direct financial costs such as the cost of publishing statutory notices in newspapers, attached to the designation process. We estimate the cost of the required notices to be £3,500. These costs are included in the existing revenue budget.

Equality or Good Relations Implications/

Rural Needs Assessment

3.7       There are no equality or good relations issues associated  ...  view the full minutes text for item 12.

            Councillor McKeown suggested that, to raise awareness of new applications received by the Service, Building Control could implement a process to circulate a list to all councillors. He suggested that this could be sent out electronically, on a fortnightly basis, with applications identified by type, address, and DEA, with contact information for members who wished to seek further details or raise objections to an application.

            The Committee agreed that Building Control implement a process to circulate an electronic list of Entertainments Licence, Amusement Permit, Street Trading, Pavement Licence and Road Closure applications that are received by the Service, to all Members, from week commencing 7th September, 2020.