Agenda and minutes

            An apology was reported on behalf of Alderman McCoubrey.

            The minutes of the meeting of 2nd December were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 5th January.

            No declarations of interest were reported.

            The Committee was reminded that, at its meeting on 4th June 2014, it had agreed to receive at a future meeting a presentation on the Empty Homes Strategy.  It was reported that Ms. Elma Newberry, Assistant Director of Land and Regeneration, Northern Ireland Housing Executive, together with Mr. John McManus from the Housing Executive’s Empty Homes Unit, were in attendance and they were welcomed to the meeting.

            Ms. Newberry provided a brief overview of the Empty Homes Strategy, which was being delivered by the Department of Social Development in partnership with the Northern Ireland Housing Executive, which sought to raise awareness of empty homes within the public domain.  She drew the Committee’s attention to an Implementation Plan which had been formulated, the aims of which were primarily to develop an empty homes website for reporting purposes, to target 120 empty homes per year, to develop incentive programmes such as ‘Repair and Lease’ and ‘Match-maker’ schemes, and examine the enforcement process.  She highlighted the fact that, as of 31st December, 2014, 484 homes within Belfast had been reported to the Housing Executive as being vacant and provided a breakdown of that figure on an area basis, details of which would be forwarded to Members in terms of specific streets.

            During discussion, a Member raised the issue of unoccupied homes which had been causing a nuisance to neighbouring properties, by way of, for example, an overgrown garden or dampness, but which were not classified as being dangerous structures.  The Head of Building Control advised that, under current legislation, the Council had limited powers in order to deal with such properties.  Ms. Newberry explained that Empty Dwelling Management Orders had been introduced in England, but research had shown that they had been generally ineffective in addressing such complaints.  She pointed out that important legislation was due to come into effect in Northern Ireland in September, 2015, which would allow for data-sharing between Land and Property Services and the Northern Ireland Housing Executive, which would enable the Housing Executive to access ownership details for vacant properties more easily, thereby expediting the process of enforcement.

            A further Member expressed concern at the low uptake from Housing Associations in purchasing vacant properties to repair and let.  Ms. Newberry explained that that had been due largely to the fact that most vacant properties were spread across the City, thereby creating significantly higher maintenance costs for Housing Associations.  She stated also that Housing Associations generally favoured newly built developments as a more cost effective option.

            A Member suggested that research be undertaken into more innovative ideas, such as “property guardianship” which was currently being used in parts of England, in order to restore empty properties to use.  That initiative sought to encourage owners to rent their properties to suitable tenants at a reduced cost.  In turn, the owner would have the benefit of a tenant residing in the property, thereby deterring squatters, vandalism and general deterioration, whilst the tenant would have the use of a house at a  ...  view the full minutes text for item 2.

            The Head of Environmental Health reminded the Committee that smoking was the single greatest cause of preventable illness and premature death in Northern Ireland, killing around 2,300 persons each year.  She reported that the Northern Ireland Assembly had, since 2007, introduced a number of legislative controls to address this serious public health issue, the most recent of which had been the Tobacco Retailers Act (Northern Ireland) 2014.  The Act provided for, amongst other things, the establishment of a central register of tobacco retailers, which it was envisaged would contain between 2,500 and 3,000 entries.  Similar registers had already been established in the Republic of Ireland and Scotland. 

            She explained that the register would enable councils and the public to check the registration status of retailers in their area and would allow for nominated council staff to enter and observe information relating to regulatory action taken with regards to relevant tobacco control legislation. There would be no costs or conditions associated with registration for the business.

            She reminded the Committee that, at its meeting on 8th October, it had been advised that the Department of Health, Social Services and Public Safety had requested that the Council assume the role of tobacco registration authority for Northern Ireland.  The Committee had agreed, in principle, to the request, subject to that Department making available sufficient funding to cover in full the associated costs, and authorised officers from the Environmental Health Service and Digital Services to engage in further discussions around the proposal.  She confirmed that the Department of Health, Social Services and Public Safety had since agreed to meet the full costs associated with the setting up and operation of the register, including officer costs.

            Accordingly, the Committee agreed that the Council become the regional registration authority for tobacco retailers in Northern Ireland and delegated authority to the Head of Environmental Health to draft an appropriate Service Level Agreement and funding agreement in that regard.

            The Committee was reminded that, in June 2011, the Council had adopted the voluntary Food Hygiene Rating Scheme shortly after its introduction by the Food Standards Agency. The scheme was regarded as being a key public health measure and an incentive for businesses to improve and maintain their compliance with food hygiene legislation.  Under the initiative, food hygiene ratings were published online and stickers displaying their rating were provided by the Council.  However, the success of the scheme relied on consumers being able to access this information and businesses had not, to date, been obliged to display their rating.

            The Head of Environmental Health reminded the Committee that the Food Hygiene Rating Bill had, on 4th November 2014, been introduced into the Northern Ireland Assembly, with a view to making it compulsory for food businesses, such as restaurants, takeaways and supermarkets, to display their hygiene ratings in a prominent position.  She explained that the Bill was now at Committee Stage for detailed scrutiny and that the Council had received an invitation to submit by 12th December, 2014 to the Assembly’s Committee for Health, Social Services and Public Safety, comments on its contents.  The Committee had, on 2nd December, agreed that, due to the deadline, a response be submitted by officers, subject to subsequent ratification by the Committee.

            She drew the Committee’s attention to a response which had been drafted by a specialist working group, comprising of the Council’s Environmental Health Manager (Food Safety and Port Health) and which had been endorsed by the Chief Environmental Health Officer’s Group (CEHOG) which represented all councils across Northern Ireland.

            Accordingly, she recommended that the Committee endorse the following response and authorise the Environmental Health Manager (Food Safety and Port Health) to present, on 14th January, on behalf of CEHOG, oral evidence on the Food Hygiene Rating Bill to the Assembly’s Health, Social Security and Public Safety Committee.

“FOOD HYGIENE RATING BILL

CEHOG supports the introduction of the Food Hygiene Bill requiring businesses to display food hygiene ratings and recognises this Bill has the potential to better inform consumers whilst encouraging business to comply with the hygiene requirements. 

Some councils have expressed concerns about the detail of the Bill and particularly:

1. The scheme may be resource intensive and if, at some stage in the future, councils consider that the scheme is not making the best use of their limited resources to improve the health and wellbeing of its citizens, they would like an option to opt out.  Consultation was carried out with the existing 26 councils and the support for a mandatory scheme may need to be re-assessed in line of the forthcoming Local Government Reform and resultant 11 councils.  This scheme locks councils in at a time when FSA focus is increasingly on food standards work, food fraud and health improvement. These concerns are within the context of increasing budgetary stress, the aftermath of the horse meat scandal and the Elliot review.  The focus is now shifting from Food Hygiene where  ...  view the full minutes text for item 4.

            The Head of Environmental Health reminded the Committee that, at its meeting on 4th June, 2014, it had approved Terms of Reference relating to an internal review of practice and service delivery in relation to anti-social behaviour.  The purpose of the review was to provide a level of assurance that the Council’s response to anti-social behaviour was effective and consistent.  The review would consider also changing needs within the City, with a view to providing a more focused and cohesive approach in addressing anti-social behaviour.  It would provide also an element of scrutiny in relation to anti-social behaviour related work, in keeping with the Council’s obligation to secure continuous improvement in the way in which its functions were exercised.

            She reported that the Health and Environmental Services Committee had also appointed representatives to a Strategic Project Board in order to provide guidance and direction to those officers who were undertaking the review.  The Board had met on 19th September and had approved a project plan which had identified a number of actions, under the themes of accountability, customer service, information and communication, prevention and early intervention and process, which would seek to tackle antisocial behaviour and improve the service which was provided to communities.

            She provided an overview of the progress which had been made to date, which had involved, amongst other things, the facilitation of workshops for frontline staff within the Community Safety and Parks Sections.  A mapping exercise had been undertaken to collate information on anti-social behaviour across the City in order to identify areas of concern.  That had identified four areas, namely, Falls Park/City Cemetery and Musgrave, Orangefield and Woodvale Parks.  Staff from the aforementioned sections had met to examine ways in which to implement focused interventions in those areas and had drafted a plan, which would be monitored by a project team, for delivery in each area from mid-January.

            After discussion, during which the Head of Environmental Health confirmed that Members would be invited to participate in the project teams, the Committee noted the information which had been provided and that a report providing an update on the effectiveness of the initiative would be submitted to a future meeting

(Ms. N. Largey, Solicitor, attended in connection with this item.)

            The Head of Building Control informed the Members that the power for the Council to consider applications to erect a second street nameplate in a language other than English was contained within Article 11 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1995.  He explained that, in accordance with the Council’s policy for the erection of dual-language street signs, a survey of all persons appearing on the Electoral Register for that street, together with tenants or owners of commercial properties, was required to be undertaken.  At least 66.6% of those surveyed would be required to be in favour of the proposal before the application could be placed before the Committee for approval. 

            He reminded the Committee that, at its meeting on 6th August, 2014, it had been advised that, following an unsuccessful application by a resident of Ballymurphy Drive to have an Irish language sign erected in that street, the applicant had applied for a Judicial Review against both the decision and the Council’s policy in relation to Dual?Language street signs.  He explained that the figure of 66.6% of those surveyed in the street had not been attained and therefore the application had not been presented to the Committee.

            He reported that the Judicial Review had been heard on 5th September and 10th November 2014 before Mr Justice Horner and had been based on the following five grounds: 

(“Ground 1”)

The refusal of the Council to consider the proposal to erect an Irish language Street name plate at Ballymurphy Drive was ultra vires, because the respondent fettered its discretion in applying the policy in such a way as to prevent due consideration being given to the particular circumstances of this application. 

 (“Ground 2”)

The Council’s dual language street sign policy is unlawful because it requires two-thirds or more of the occupiers appearing on the Electoral Register to indicate that they are in favour of the proposal to erect a second language street sign and /or because it deems those who do not reply to the proposal as not being in favour of it and/ or set the level of expressions of approval at the same threshold as that formally required to change the street name.

(“Ground 3”)

The terms of the policy are inconsistent with the terms of Article 11 of the 1995 Order, insofar as Article 11 requires the respondent to have regard to the views expressed by the occupier, whereas the policy allows those who do not respond to be considered to have expressed opposition to it. 

(“Ground 4”)

The policy is inconsistent with the council’s commitment to act in accordance with it’s obligations under the European Charter for regional or minority languages, and in particular the Charter obligation under 10(2)(g) to the use of adoption of traditional and correct forms of place-names in regional or minority languages. 

(“Ground 5”)

The policy was ultra vires as it was an attempt to re-enact the substantive  ...  view the full minutes text for item 6.

            The Head of Building Control reported that the undernoted application to erect an additional street nameplate in a language other than English had been received by the Council:

            He explained that, in accordance with Council policy, a survey had been conducted which had ascertained that in excess of 66.6% of the residents of the street had been in favour of the above-mentioned second street nameplate.  Accordingly, he recommended that the erection of the nameplates be authorised.

            The Committee adopted the recommendation.

            The Head of Cleansing Services reminded the Committee that, at its meeting on 2nd February, 2011, it had granted approval to undertake a tendering exercise for the supply and installation of litter bins over a two year period. He explained that the contract, which covered both free standing and post-mounted bins, had ended on 31st August, 2014.  However, the priority afforded to awarding vehicle tenders, in addition to Local Government Reform commitments, had meant that a tendering exercise had not been undertaken for the aforementioned bins.  Following discussions with the Council’s Central Procurement Unit and Legal Services, the contract had been extended for a further year, until August, 2015, which would allow for an assessment of the future litter bin requirements of the City in light of its extended boundary.

            Accordingly, the Committee agreed:

1.     to grant retrospective approval to extend the contracts for the supply and installation of free standing and post-mounted bins to 31st August, 2015;

2.     to approve the commencement of a tendering exercise in early 2015 for the future supply and installation of those litter bins; and

3.     that authority be delegated to the relevant Director to award the contract on the basis of the most economically advantageous tender received, in line with the evaluation criteria.