Agenda and minutes

Apologies for inability to attend were reported for Councillors Bradley, Michael Collins and Smyth.

            The minutes of the meeting of 16th February 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 March, 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 applications for licences and Road Closure Orders which had, since its last meeting, been approved under the Council’s Scheme of Delegation.

            The Building Control Manager informed the Committee that an objection had been received, outside the 28-day statutory period, to an application for the renewal of a 14-day Occasional Outdoor Entertainments Licence for Boucher Road Playing Fields. 

            He pointed out that the applicant was the Director of Neighbourhood services, who had applied on behalf of the Council, on 10th August, 2021 and that no objections had been received within the statutory period.  He advised the Committee that the objection related to noise nuisance caused by outdoor concerts at the venue.

            He informed the Committee that, upon receipt of the objection, a letter had been issued to the objector to request him to outline the reasons why the objection had been received outside the 28-day statutory period.  The objector had responded stating that it had been because he was busy and had professional commitments.

            The Committee agreed to exercise its discretion and determined that the objection against the application for the renewal of a licence for Boucher Road Playing Fields, which had been received outside the 28-day statutory period, would be considered.

            The Committee noted a list of licences for Houses in Multiple Occupation which had, since its last meeting, been issued under the Council’s Scheme of Delegation.

            The HMO Unit Manager provided the Committee with an overview of the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       To consider an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

1.2       Members are reminded that licences are issued for a 5-year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions.

Background

1.3       The property had the benefit of an HMO licence which expired on the 07 December 2021.

1.4       An application for the renewal of the HMO licence was received from the applicant on 06 December 2021.

1.5       Following the publication of this application, an objection was received in relation to the application. This objection raises the following concerns: -

·        Neglect of the property and environs

·        Invasion of privacy

·        Personal abuse / low level intimidation ASB

·        Inconsiderate and unreasonable behaviour

·        Parties at night with large gatherings and loud music

·        Leaving property unsecured

·        Leaving floodlights on all night which disturbs other neighbours

·        Devaluation of property due to designation and neglect

·        Parking across driveway

·        Overgrown leylandii trees to the front of the property

1.6       As a valid objection has been received, the application must be considered by Committee which must, after hearing from the objector and the applicant, decide whether to grant the renewal application. 

2.0            Recommendations

2.1       Taking into account the information presented Committee is asked to hear from the Applicant and make a decision to either:

(i)          Grant the renewal application, with or without any special conditions; or

(ii)        Refuse the application.

2.2       If the application is refused, the Applicants have a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision.

3.0       Main Report

            Key Issues

3.1       Pursuant to the Houses in Multiple Occupation Act (Northern Ireland) 2016 (“the 2016 Act”), the Council may only grant a licence if it is satisfied that:

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

b)          the owner, and any managing agent of it, are fit and proper persons;

c)          the proposed management arrangements are satisfactory);

d)          the granting of the licence will not result in overprovision of HMOs in the locality;

e)          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.

3.2       Section 20 of the 2016 Act states where the holder of an HMO licence makes an application for renewal, the council must apply the above provisions except for (a) and (d); namely whether the use is a breach of planning control or would result in overprovision.

                        Fitness

3.3       When considering the fitness of  ...  view the full minutes text for item 7.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1            To consider an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

1.2       Members are reminded that licences are issued for a 5-year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions. 

            Background

1.3       The property had the benefit of an HMO licence granted by the Northern Ireland Housing Executive (“NIHE”) which expired on the 16 March 2021 for 4 persons.

1.4       A reminder letter was sent to the owner on the 28 January 2021 informing him that his licence would be expiring on the 16 March 2021 and informing him that, “if you do not submit the application before the existing licence expires any future application will be treated as a New Application and the council may only grant the licence if it is satisfied that the occupation of the accommodation as an HMO would not constitute a breach of planning control or would result in overprovision of HMOs in the locality.” (Appendix 3)

1.5       The owner applied for a temporary exemption notice “TEN” on the 14 May 2021 and specified the following steps with a view to securing that the HMO ceases to be an HMO - “We intend to serve a 12 week notice to quit to the tenants at the property in line with the current Covid-19 regulations informing the tenants that the house cannot be occupied as an HMO whilst the licence has expired”. The TEN was granted on the 17 May 2021.

1.6       On the 14 May 2021 an HMO licence application was received from the owner of the accommodation.  The NIHMO Unit subsequently rejected the application on the 1 June 2021 as the granting of the new licence would constitute a breach of planning control.

1.7       On the 17 November 2021 an HMO licence application was received from the owner of the accommodation. 

2.0       Recommendations

2.1       Taking into account the information presented Committee is asked to hear from the Applicant and make a decision to either:

(i)          Grant the application, with or without any special conditions; or

(ii)        Refuse the application.

2.2       If the application is refused, the Applicants have a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision.

3.0       Main Report

            Key Issues

3.1       Pursuant to the 2016 Act, the Council may only grant a licence if it is satisfied that:

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

b)     the owner, and any managing agent of it, are fit and proper persons;

c)     the proposed management arrangements are satisfactory);

d)     the granting of the licence will not result in overprovision  ...  view the full minutes text for item 8.

            The Building Control Manager reported that, a request had been received on 21st February regarding the screening of an Irish Language film entitled “Foscadh” on the 11th March, as part of an Irish Film Festival, with screenings planned at the Omniplex cinema at the Kennedy Centre and the Odeon in the City Centre.

            He informed the Committee that the film had been classified as a 16 rating by the IFCO (Irish Film Classification Office) and that it had not been given a rating by the British Board of Film Classification (BBFC).

            He pointed out that approval to permit the film to be exhibited was usually considered and given by the Licensing Committee, however, the request had been received after the February Committee meeting and the screening had been proposed to take place before the March meeting of the Committee, on 11th March.

            He reported that discussions had taken place with Legal Services with regard to the options available to the Council and that Legal Services had advised that the decision could be taken under the delegated authority of the Strategic Director of Place and Economy (in accordance with paragraph 2.3 of the Scheme of Delegation which dealt with emergencies and cases of urgency), subject to consulting the appropriate Chairperson and reporting the matter to the Licensing Committee at its subsequent meeting.

            He informed the Members that, as the film had not been classified by the BBFC and there was no equivalent 16 rating, it had not been considered appropriate for officers to determine whether it should be shown with a BBFC rating of 15 or 18.

            The Building Control Manager stated that the matter had been discussed with the Chairperson of the Licensing Committee and the appropriate course of action had been considered to be that the film would be allowed to be shown and advertised as having an IFCO classification of 16 only and that the Strategic Director of Place and Economy had exercised his powers of delegated authority and had approved the exhibition of “Foscadh” in cinemas in Belfast on the 11 March 2022 as part of an Irish Film Festival with an IFCO rating of 16.

The Committee noted the report.

            Councillor McKeown addressed the Committee on behalf of Councillor McCusker, and he informed the Members that Councillor McCusker had made a request to the Committee to reconsider the decision of the Licensing Committee, taken on 10th March 2021, to refuse to designate a new street trading site on King Street for the sale of hot and cold food and non-alcoholic beverages at night-time.

            In response to a question from a Member, regarding the legal implications of designating a site where the applicant had indicated that he would use the services of a private security firm, the Building Control Manager stated that the Committee was being asked to permit reconsideration of the designation of the site. If agreed, this would entail undertaking further consultation with the PSNI and other relevant agencies along with public notification of the application, as part of the designation process, and this issue would be raised with the relevant parties.

Proposal

            Moved by Councillor Magee,

            Seconded by Councillor McAteer,

      That the Committee reconsider the decision of its meeting of 10th March 2021, to refuse to designate a street trading site in King Street.

            On a recorded vote, seven Members voted for the proposal and six against and it was declared carried.