Agenda and minutes

Apologies for inability to attend were reported for Alderman McCoubrey and Councillors Hutchinson, McCullough and Mulholland.

            The minutes of the meeting of 16th 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 4th April, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor McCabe declared an interest in relation to the item under the heading ‘Stationary Street Trading Licence application for Dargan Crescent’ in that she had previously met with the applicant and indicated that she would leave the meeting whilst the matter was under consideration.

            Councillor McKeown declared an interest in relation to the item under the heading ‘ Applications for the Provisional Grant of an Outdoor Entertainments Licences for Flaxx @ Linen Quarter’, in that he had spoken with regard to the Planning Application at a meeting of the Planning Committee.

The Committee noted a list of applications for licenses 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, following its decision of 19th January, 2022 that was minded to refuse to grant a Stationary Street Trading Licence application for Dargan Crescent, on the grounds that, due to misconduct or some other reason relating to trading activities, it deemed the applicant unsuitable to hold a licence. The applicant, Mr David Reilly, had been notified of the decision and informed that he would be permitted to make personal and written representation to the Committee within 21 days from the date of notice.

He advised the Committee that, subsequently, the applicant had verbally informed the Senior Licensing Officer that he did not wish to appeal the decision.

The Committee agreed to uphold its initial decision of 19th January 2022 and refused the grant of the Stationary Street Trading Licence.

The Building Control Manager reported that an application had been received from Hollywood Bowl for the provisional grant of an Amusement Permit which would consist of a 20-lane bowling alley, a licenced American diner style restaurant and bar and an amusement zone comprising of 12 amusement with prizes gaming machines with a maximum cash prize of £8.00, 64 amusement machines and four pool tables. 

He informed the Members that, as the application did not include machines with a maximum cash prize of £25.00, admission would not be restricted to persons aged 18 years old or over and that the proposed opening hours were Monday to Saturday from 9am to 1am, and Sunday from 9am to 12am. 

He pointed out that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had no objections to the application.  He added that a Building Regulations application had been submitted for alterations to the premises and that, should the Committee be minded to provisionally grant the application, the permit would not be declared final until all works had been completed and compliant with the Building Regulations.

The Building Control Manager outlined the evaluation of the application against the criteria contained within the Council’s Amusement Permit Policy and stated that he did not consider the permit application to be contrary to the objectives and criteria of the policy.

The Committee agreed to grant the permit provisionally and to delegate authority to the Director of Planning and Building Control to issue the final permit on completion of all technical requirements. 

The Building Control Manager reported that an application had been received for the provisional grant of an Outdoor Entertainments Licence for Flaxx @ Linen Quarter, a newly constructed decking area situated on Brunswick Street, between James Street South and Franklin Street, on a section of road that had been formally closed by the Department for Infrastructure Roads to allow for the creation of a new public realm space.

            He pointed out that, it had been proposed that entertainment would be provided with a maximum capacity of 500 persons on Monday to Saturday from 11.30am to 11.00pm and on Sunday from 12.30pm to 11.00pm.

            He stated that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had no objections to the application.  He added that a Building Regulations application had been submitted for the construction of the new outdoor area and that, should the Committee be minded to provisionally grant the application, the licence would not be declared final until all works had been completed and compliant with the Building Regulations.

            The Building Control Manager highlighted that the applicant had provided an acoustic report for the outdoor area to the Environmental Protection Unit for evaluation and that any necessary acoustic measures would be required to be implemented before the grant of the licence could be confirmed.

The Committee agreed to grant the application for the provisional licence and to delegate authority to the Director of Planning and Building Control to issue the final licence on completion of all technical requirements. 

The Building Control Manager informed the Committee that an application had been received for the provisional grant of an Outdoor Entertainments License for Cargo @ T13, on Queen’s Road, an outdoor events space located on the hardstanding areas to the front of the T13 facility at Titanic Quarter and would include a bar facility, restaurant and live music.

He pointed out that it had been proposed that entertainment would be provided with a maximum capacity of 4000 persons on Monday to Saturday from 11.30am to 11.00pm and Sunday from 12.30pm to 11.00pm.

He stated that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had been consulted, but that no response had yet been received from either the NIFRS or PSNI.  He added that the applicant had been asked to provide an acoustic report for the outdoor area for evaluation and any necessary acoustic measures would be required to be implemented, along with any fire safety, structural or access requirements upon completion of works, before the grant of the licence could be confirmed.

The Committee agreed to grant the application for the provisional licence and to delegate authority to the Director of Planning and Building Control to issue the final licence on completion of all technical requirements, subject to no objection being received from the PSNI.

The Building Control Manager reported that an application had been received for the variation of an Outdoor Entertainments License for the carpark area to the rear of 29 Bedford Street, known as The Boneyard, affiliated to Pug Ugly’s, the applicant. 

He reminded the Committee that, at its meeting on 20th August, 2020, it had agreed to grant the Seven-Day Annual Outdoor Entertainments Licence for Pug Ugly’s, thereby permitting entertainment to take place on Monday to Saturday from 12.00pm to 1.00am, and on Sundays from 12.30pm to midnight.

            He stated that the applicant had proposed that entertainment would be provided with a maximum capacity of 800 persons on Monday to Saturday from 11.30am to 2am and on Sunday from 12.30pm to 1.00am, to allow them to compete with the majority of licensed premises in the vicinity.  He added that the applicant had pointed out that, due to Covid-19, many patrons had a preference to socialising outdoors and an extension of hours would allow those patrons to socialise later into the evening without being disadvantaged. 

            The Building Control Manager stated that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had been consulted and that the PSNI had had no objections to the application.  However the NIFRS had not yet responded.  He added that special licence conditions with regard to noise measures had been attached to the licence and that no noise complaints had been received in relation to the premises in the previous 12-month period.

The Committee agreed to approve the application for the variation of the 7-Day Annual Outdoor Entertainments Licence, subject to no objection being received from the NIFRS.

The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

            To update Members on a three-month trial, where authority was delegated to Council officers, to deal with any Article 44A extension applications for non-City centre locations and to report on pubs and hotels in City centre locations, the operation of Biddy Duffy’s and Horatio Todd’s and on Police Service of Northern Ireland Authorisations for Additional Hours.

2.0       Recommendations

            Given the limited uptake in Article 44A extension applications and Police Service of Northern Ireland authorisations for additional hours Members are asked to consider either:

                                                I.    Extending the trial period whereby authority is delegated to officers to deal with all such applications in the manner previously agreed for a timeframe to be determined; OR

                                              II.    Delegating authority to officers to deal with all such applications in the manner previously agreed until such times as there are sufficient applications made and evidence of any issues arising therefrom, if any, are such that would require those matters to be brought back to Committee for further consideration.

            For either option this would be on the proviso that such applications did not relate to premises where the provision of entertainment had been subject to significant objections or prosecution in the past.

            In such instances, these applications would be presented to the Committee for consideration.

3.0       Main report

            Background

            At your meeting of 19th January, the Committee considered a report on the Licensing and Registration of Clubs (Amendment) Act (NI) 2021 and agreed:

                                            i.        to delegate authority to Council officers, on a three-month trial basis, to deal with any Article 44A extension applications for non-City centre locations in a similar way to that which had been agreed for Biddy Duffy’s and Horatio Todd’s at the meeting on 15th December, 2021, with the proviso that such applications did not relate to premises where the provision of entertainment had been subject to significant objections or prosecution in the past. In such instances those applications will be presented to the Committee for consideration;

                                           ii.        that a report on the outcome of the aforementioned trial period be presented to the Committee for consideration; and

                                         iii.        that the report on pubs and hotels in City centre locations, the operation of Biddy Duffy’s and Horatio Todd’s and on Police Service of Northern Ireland Authorisations for Additional Hours, which was due to be presented to the meeting in February, be submitted at the same time as that relating to non-City centre premises.

            Summary position following January Committee

            Biddy Duffy’s, 133 Andersonstown Road

            Horatio Todd’s, 406 – 408 Upper Newtownards Road

            The Committee agreed to offer no objection to Article 44A extension applications for Biddy Duffy’s and Horatio Todd’s up to 13th April 2022 and that each applicant be requested:

                                            i.        to agree to withdraw all Article 44A extension applications beyond 13^th April, to allow officers to provide at the Committee meeting in April an update on any issues which had arisen from the operation of the premises during  ...  view the full minutes text for item 10a

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

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

            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

            The property was previously licensed as an HMO in the name of the previous owner who sold the property on the 4 August 2021 at which time the licence in accordance with Section 28 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ceased to have effect.

            On the 15 October 2021 an HMO licence application was received from the owners of the accommodation.  As this was a new application the HMO Unit consulted with the Council’s Planning Service who on the 15 October 2021 confirmed that a Certificate of Lawful Use or Development was granted with the planning reference LA04/2021/1732/LDE  

            Following the publication of this application, an objection was received in relation to the application. The objection raises concerns regarding overprovision of HMOs in the locality.

            On the 15 October 2021 the applicant submitted an application for a Temporary Exemption Notice “TEN” and following clarification from the managing agent the TEN was granted on the 20 October 2021.

2.0       Recommendations

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

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

(ii)     Refuse the application.

            If the application is refused, the applicant has a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision. The licence will remain in place pending the appeal. 

3.0       Main Report

            Key Issues

            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 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.

Planning

            As this is a new application the HMO Unit consulted with the Council’s Planning Service who on the 15 October 2021 confirmed that a Certificate of Lawful Use or Development was granted with the planning reference LA04/2021/1732/LDE

Fitness

            When considering the fitness of an applicant  ...  view the full minutes text for item 12.

            The Building Control Manager reported that, following the decision of the Department for Communities in February, 2021, which determined that a reduced fee of £1 would apply to applications for the renewal of all categories of entertainments licence, both indoor and outdoor, received after 6th April, 2021, to alleviate the hardship that was being experienced by the hospitality industry due to Covid-19 restrictions, the Department had asked for the Council’s views on whether there was a need to extend the measure beyond the 2021/22 financial year.

            He referred to the Committee’s decision of 16th February, 2022, where it agreed that the Council would recommend that the reduced fee should continue for the 2022/23 financial year.

            He informed the Committee that the Department for Communities had subsequently written to the Council, and he highlighted the following points:

·       Views received were mixed, but the majority of councils favoured extending the reduction on condition that the Department provided additional funding to cover the resulting loss of income;

·       That, having considered the Councils’ views and given that the Health Minister had only very recently lifted all remaining COVID-19 restrictions on hospitality venues, meaning businesses have still some way to go to get back to normal operation, the Minister had decided to continue with this easement for a further year;

·       The nominal fee of £1 for renewal applications only, for all categories of entertainments licence would therefore remain as set out in Local Government Circular 4/2021 for the 2022/2023 financial year, subject to a further review later in the year;

·       That DfC recognised that the continuation of the measure would result in further loss of income for councils during the year to come; and

·       That additional funding of some £17m, provided by the Executive for council losses incurred as a result of the COVID-19 pandemic, would be allocated to local councils by the DfC and that the funding included provision to cover any loss of income resulting from the reduction in fees for the renewal of entertainment licences for 2022/23.

            He pointed out that, under the assumption that all applications received during the 2021/22 financial year are to be renewed in the subsequent financial year, subject to the £1 renewal fee, it was estimated that the Council would lose income in the region of £180,000.  He added that the Council had secured funding from the Department for Communities to cover Covid-19 recovery costs for the 2022/23 financial year which could be used to negate any loss of income as a result of extending the concessionary fee for a further year.

            The Committee noted the decision of the Minister for Communities that the nominal fee of £1 for renewal applications, for all categories of entertainments licence, would remain for the 2022/23 financial year, subject to a further review later in the year.