Agenda and minutes

            Apologies for inability to attend were reported on behalf of Alderman Spence and Councillor Craig.

            The minutes of the meeting of 12th 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 7th January, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor Boyle declared an interest in relation to Item 2 (c) – Application for the Renewal of a 7-Day Annual Entertainments Licence for Fourteen Tomb Street, in that he had been involved in a radio interview regarding the premises and its promotions, and left the meeting whilst the matter was being considered.

            The Committee noted a list of licences and permits which had been issued under the Council’s Scheme of Delegation.

            The Committee was reminded that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, it had a duty, when considering any application for the grant, renewal or transfer of an Entertainments Licence, to take into account any convictions of the applicant relating to an offence under the Order which had occurred within a five-year period immediately preceding the date on which the application had been made.

            The Building Control Manager informed the Committee that applications had been received for the renewal of a Seven-Day Annual Indoor Entertainments Licence where the applicant had been convicted of an offence under the Local Government (Miscellaneous Provisions) (NI) Order 1985 within the previous five years, in respect of Ardoyne Working Men’s Club, 9b Kerrera Street and Bootleggers, 46 Church Lane.

            He reported that it was a requirement of the legislation that, after an individual had been convicted of an offence under the Local Government (Miscellaneous Provisions) (NI) Order, any application for renewal of an Entertainments Licence must be brought before the Committee for a period of five years.

            He reported that the licensee of Ardoyne Working Men’s Club had, on 28th July, 2015, been fined £200 and instructed to pay costs of £66, following an inspection by Council officers, which had found that entertainment was being provided without an Entertainments Licence.  In terms of Bootleggers, the licensee had, on 21st February, 2017, been convicted of a breach of a special condition to maintain width through the rear yard to the final exit and of failing to have the log book for recording pre-event checks available for inspection and been fined £500 and ordered to pay £69 in costs.

            He pointed out that the Committee had, in subsequent years, agreed to renew the Entertainments Licences and that, on the two occasions over the past year on which each of the premises had been inspected, officers had found that all management procedures were being implemented effectively. 

            He confirmed that no written representations had been received in relation to the applications and that the Police Service of Northern Ireland had offered no objections.

            The Committee agreed, in its capacity as Licensing Authority, to renew the Annual Indoor Entertainments Licences in respect of Ardoyne Working Men’s Club, 9b, Kerrera Street and Bootleggers, 46 Church Lane.

            A Member suggested, any application for the renewal of an Entertainments Licence, where the applicant had previously committed an offence under the Local Government (Miscellaneous Provisions) (NI) Order, that had previously been renewed by the Committee, that any further applications for the renewal of the annual licence within the specified five year period, need not be brought before the Licensing Committee, and authority be delegated to the Director of Planning and Building Control to approve the applications.

            The Building Control Manager agreed to bring a report back to the Committee outlining the options available to the Committee regarding authority to grant future applications for the renewal of Entertainments Licences with Previous Convictions.

The Committee was reminded that, at its meeting on 19th September 2018, the issue of a cut-price drinks promotion being advertised by Fourteen Belfast was raised, which had been brought to the attention of a number of the Members by concerned parents.

Whilst it had been acknowledged that liquor licensing was the responsibility of the Police Service of Northern Ireland, the Committee had previously, as part of the Entertainments Licensing process, requested that a number of licensees agree to adhere to the Pubs of Ulster’s voluntary code of practice on irresponsible drinks promotions.   

            The Building Control Manager informed the Members that Constable Donna Tolan, who was representing the Police Service of Northern Ireland (PSNI) was in attendance and that the applicant, Mr Patrick Fegan was also present, should the Committee require additional information.

            The Committee agreed that it would be beneficial to hear from Constable Tolan and she was welcomed to the meeting.

            A Member informed Constable Tolan that the Committee previously had some concerns regarding the drink promotions that were advertised by Fourteen Tomb Street which had caused the Members to receive numerous complaints by concerned parents and that the Committee had requested that the licensee be invited to attend the meeting at which the renewal of his Entertainments Licence was being considered.

            Constable Tolan informed the Committee that the PSNI was not objecting to the application and that inspections had been carried out since September 2018, when the drink promotions commenced, and that there had been no breaches.  She reported that she had discussed the promotions with the applicant and had requested that terms and conditions were applied to the drinks promotions and advertised with the phrase ‘terms and conditions apply’ for clarity around what was actually being offered in the promotion.  She informed the Committee that the applicant had agreed to revise the drinks promotions to include the aforementioned request.

            In response to a Member’s question regarding recorded incidents that had been reported in connection with Fourteen Tomb Street and how that amount compared with other similar licenced premises within Belfast, Constable Tolan informed the Committee that similar venues in Belfast had around the same number of recorded incidents and highlighted that, over the past three years, the number of recorded incidents concerning Fourteen Tomb Street had reduced considerably. 

            The Chairperson thanked Constable Tolan for her attendance and the Committee agreed that it would be beneficial to hear from Mr. Fegan and he was welcomed to the meeting.

            Mr. Fegan informed the Committee that his promotions were run in a controlled environment, that his door staff were all medically trained and that all of his staff were Drinkaware trained.  He added that anyone who presented at the premises in an intoxicated state was not permitted entry.  He further informed Committee that his customers were not exploiting the drink promotions to consume copious amounts of alcohol but rather that the majority of them were students with limited funds and that the promotion was catering to a student budget.  ...  view the full minutes text for item 7.

(Mr. J. Greer, Director of Economic Development, attended in connection with this item.)

            The Committee considered the following report:

“1.0      Purpose of Report or Summary of main Issues

1.1       Following the Bank Buildings fire in August a number of businesses in the immediate area were not able to trade due to the very dangerous condition in which the building was left. City Picnic, a burger restaurant, situated in Unit 5 McAuley House, 2-6 Castle Street has been one of those affected businesses, they still remain displaced from their premises and will remain so for a number of months to come.

1.2       As part of an assistance package from the Council City Picnic have been trading from a trailer as part of the Christmas Continental Market on Donegall Place. This was facilitated under the Council’s Market Rights.

1.3       As the Market has now stopped trading, the only other mechanism that is available to permit lawful trading is through the granting of Temporary Street Trading Licences.

2.0       Recommendations

2.1       Based on the information presented and considering any representations received, the Committee is requested to consider the application and decide whether it is minded:

1.      To grant and approve the Licence, or;

2.      To grant and approve the Licence with additional conditions, or

3.      To refuse the Licence application.

2.2       Members may attach any reasonable Conditions when granting a Street Trading Licence.

2.3       If Members are minded to grant the Temporary Licence, you are then requested to delegate to the Director of Planning and Building Control authority to grant any further Temporary Licences that may be required.

2.4       If the licence is refused, the applicant may appeal the Council’s decision within 21 days of notification of that decision to the Magistrates’ Court.

3.0       Main report

            Key Issues

3.1       Committee is reminded of a decision of the Council’s Health and Environmental Services Committee on 10th December 2003, in which they refused to designate Donegall Place and Royal Avenue as places in respect of which it might grant stationary Street Trading Licences.

3.2       That decision was taken after a series of Special meetings of the Health and Environmental Services Committee from September 2003 to December 2003, when the Committee heard from applicants, statutory consultees, business representatives and professional independent experts. One of the key issues discussed was around the sale of hot food.

3.3       Committee had considered that cooking odours are an unavoidable consequence of hot food stalls/vans. Odour dispersal will be dependent on climatic conditions and experience showed that cooking smells cause annoyance and give rise to complaints from people living or working in the vicinity. There is also a potential for complaints to arise due to litter associated with a hot food stall/van.

3.4       It has been the Council’s policy position since then that no street trading takes place on Donegall Place and Royal Avenue (more specifically the portion from the junction with North Street to Donegall Place).

3.5       Most recently, the Licensing Committee, at its meeting of 15th May 2013, upheld the  ...  view the full minutes text for item 8.