Agenda and minutes

            No apologies were reported.

            The minutes of the meeting of 11th November, 2024 were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 2nd December, 2024, 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 recorded.

            The Committee noted the applications which had been issued under the Scheme of Delegation.

            The Committee noted the applications which had been issued under the Scheme of Delegation during November 2024.

            The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider a request to include additional supporting documentation confirming ownership and confirmation that mortgage or other loan holder’s consent before an HMO licence application is considered valid.

2.0       Recommendations

2.1       To approve the inclusion pursuant to Section 87(1) General notices of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ‘2016 Act’ that the following additional documents is required under paragraph 1(1) or (1)(2)(h) of Schedule 2 of the 2016 Act before any HMO licence application form received after 1 April 2025 is considered valid -

a)     Confirmation of ownership of the HMO including the date such ownership commenced from a solicitor or other legally qualified person.

b)     Confirmation from any party holding a mortgage, charge or lien against the property that they have no objection to the granting of the HMO licence. 

3.0       Main report

            Background

3.1       Schedule 2, paragraph 12 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ‘2016 Act’ requires the Council to decide whether to grant or refuse an application for an HMO licence before the end of the period of 3 months beginning with the date on which the council received it.

3.2       The Department of Communities ‘DfC’ Guide to the licensing of Houses in Multiple Occupation in Northern Ireland – Guidance for Local Government April 2019 states ‘the application is only valid if the form is completed correctly, full payment is made, and the required supporting documents are included’.

3.3       From the introduction of the HMO licensing scheme in April 2019 pursuant to Section 87(1) General notices of the 2016 Act the following documents as listed in points 1 – 12 below are required under paragraph 1(1) or (1)(2)(h) of Schedule 2 of the 2016 Act before an application is considered valid:

1.        Electrical Installation Condition Report

2.        Fire detection and Alarm Systems

3.        Emergency Lighting (if applicable)

4.        Current Portable Appliance Test (PAT) certificate

5.        Energy Performance Certificate (EPC)

6.        Gas Safety Certificate (if applicable)

7.        Chimneys and Flues (if applicable)

8.        Expiry/useful date on CO detector (if applicable)

9.        Current Fire Risk Assessment

10.     Personal Emergency Evacuation Plans (if applicable)

11.     Proof of suitable funding arrangements

12.     An anti-social behaviour plan

a)     Confirmation of ownership.

3.4       Section 8 of the 2016 Act outlines that applications for an HMO licence must be made by the owner of the HMO.

3.5       For all new licence applications relating to the sale / transfer of a licensed HMO officers require confirmation from the solicitor acting on behalf of the purchaser details of the new owner(s) name whether an individual or a company and the date the transfer took place to ensure compliance with section 28 ‘Change of ownership: effect on licence’ of the 2016 Act.

3.6       Currently no such confirmation is sought in relation to renewal applications, however the HMO Unit currently undertake a percentage check of HMO licence applications via Land Registry and since the introduction  ...  view the full minutes text for item 5a

            The Senior Licensing Officer provided the Committee with a detailed overview of the process for closing a road for a special event, such as a sporting or social event or for entertainment or filming on a public road.  The Members were advised that road closures for the purpose of public processions, motor road races and cycle races/trials were not handled by the Council and were dealt with under separate legislation.

            The Members were advised that, for roads within the Harbour Estate, the Harbour Police were responsible and for events on special roads, such as motorways or the Westlink, or when events were to be held off the road (for example, Belsonic) he clarified that DfI Roads was responsible.

            The Senior Licensing Officer outlined the application process for requesting the closure of a road, which included a 21 Day Public Notice advertisement in a local paper and placement on the Belfast City Council website,neighbourhood consultation andconsultation with DfI Roads, the PSNI, the NI Fire and Rescue Service, the NI Ambulance Service and Translink.  He highlighted that each road closure required the consent of DfI Roads.

            Each application required a Traffic Management Plan and a proof of public liability insurance cover of £10million.  Some closures might also require more detailed event management plans or details of structures or equipment, depending on the event.

            He provided the Committee with the classification and costs associated with small and large events.

            It was highlighted that the organiser was required to pay all associated costs for the erection, placement and removal of all required signage and barriers and that prompt removal was a requirement for any road closure.  Further conditions under the Order might include maintaining pedestrian access to premises or accessible from the road(s) on which the special event was taking place and that access for all emergency vehicles was essential.

            During discussion on any breach of road closures, it was highlighted that, while the Council did not have enforcement powers, the PSNI did.

            The Senior Licensing Officer confirmed that it was costly to place newspaper advertisements for each event, as the local papers in the City, included the Belfast Telegraph, the Irish News and the Newsletter. He advised the Committee that the advertisement was rotated around those newspapers and that newspapers circulating in the local areas that were outside the city centre were used where possible. He added that the Committee would be asked to consider the fees associated with road closure requests in the new year.

            In regard to neighbourhood consultation, he advised the Committee that, for smaller events, organisers were asked to carry out neighbourhood notification in the locality of the road closure but that that was not possible for larger scale events such as the marathon.

            The Chairperson, on behalf of the Committee, thanked the officer for his comprehensive update.

Noted.