Agenda and minutes

            Apologies were reported on behalf of Councillors McCusker and McMullan.

            The minutes of the meetings of 3rd 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 6th January.

In relation to Item 2. b) Community Development Funding Programme 2020/21-

Recommended Allocation, Alderman McCoubrey and Councillors Black, Corr, Kyle, Newton and Verner declared an interest in that they worked for or were associated with organisations, which had applied for funding, and they retired from the meeting whilst that item was under consideration.

The information contained in the reports associated with the following 3 items is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

      Resolved – That the Committee agrees to exclude the Members of the Press and public from the Committee meeting during discussion on the following 3 items as, due to their nature, there would be a disclosure of exempt information as described in Section 42(4) and Section 6 of the Local Government Act (Northern Ireland) 2014.

(Mr. R. Cregan, Director of Finance and Resources, attended in connection with this item).

            The Committee considered a report, which had been prepared by the Director of Finance and Resources, in relation to the establishment of the District Rate and the compilation of the Estimates of Revenue Expenditure for the year 2020/2021.

            The Director outlined that the paper would not be subject to call-in as it would cause an unreasonable delay which would be prejudicial to the Council and the public’s interest in striking the district rate by the legislative deadline of 15th February, 2020.

            He referred to the cash limit for the People and Communities Committee for 2020/2021, as recommended by the Strategic Policy and Resources Committee, at its meeting on 17th December, and outlined the next steps in the rate setting process leading to the setting of the district rate by Council at its meeting in February 2020.

            Following consideration, the Committee noted the next steps in the rate setting process and: 

·         agreed that the report would not be subject to call-in, given that it would cause an unreasonable delay and would be prejudicial to both the Council and the public’s interests in striking the district rate by the legislative deadline of 15th February, 2020; and

·         agreed a cash limit for the People and Communities Committee for 2020/21 of £82,852,276 and the individual service cash limits;

            The Committee was reminded that, at its meeting in December, in relation to the Community Development Grants Programme 2020/21 funding allocations, it had agreed that:

·         officers would move to final allocations on the basis of the 4 band system and the associated scoring ranges for each band;

·         the shortfall in funding be brought to the attention of the Strategic Policy and Resources Committee and requested that this be considered as part of the rate setting process; and

·         officers produce a funding allocation report for Members’ consideration in January.

The request was considered at the Strategic Policy and Resources Committee on the 17 December 2019 in relation to Revenue Estimates and District Rate 2020/21, and it had been agreed that:

·         Community Grants and Managed Facilities: £329,636 (People and Communities Committee).  Agreed that the arrangements in place for independently managed centres would be reviewed in time for the 2020/21 revenue estimates and that in future years the arrangement would include an annual Consumer Price Index uplift.

·         Agreed the use of the unallocated funding of £220,000 and that it be allocated to part fund the shortfall in the Community Development Grants Programme and that the remaining shortfall of £150,595 be funded from the 2020/21 Belfast Investment Fund allocation. 

The Committee considered the allocation of the Community Development Funding Programme 2020/21, as outlined in the report.

            During discussion, the Director of Neighbourhood Services explained further the allocation model and submissions process. He clarified that the Council had implemented a city wide programme of support to assist groups to access Community Development Funding during the open call and referenced work with the Department for Communities in relation to coordinating support for communities to develop capacity in North Belfast.

After discussion, the Committee agreed to the following:

·         Approved the funding allocations based on the recommended levels provided, as outlined in the report;

·         Noted that any offer of funding would be fully dependent upon formal confirmation of Council’s contribution and a stable level of Department for Communities income from the regional Community Support Programme grant allocation and that a further report be presented when the Council received confirmation of Department for Communities funding; and

·         Approved officers to progress with the funding allocation process including; sending out letters of intent, agreeing programmes of work with applicants based on the recommended funding allocation, processing funding agreements (when final budget had been agreed by Council) and ensuring that all monitoring requirements were implemented.

The Committee considered a report which sought permission from Wonderland Productions Ltd to use Botanic Gardens in 2020 and beyond to host an illuminated show.  The event known as ‘Wild Lights’ takes place throughout Britain and Ireland and runs throughout November and December, finishing at the end of the Christmas period. 

The Committee approved the use of Botanic Gardens for the above event subject to the following:

·         That the appropriate legal agreements including bond arrangements were prepared to the satisfaction of the City Solicitor;

·         The Strategic Director of City and Neighbourhood Services to negotiate an appropriate fee for use of the facility taking into account costs to the Council, minimising negative impact on the immediate area but also the potential wider benefit to the city economy;

·         Event Organisers meet all statutory requirements and responsibilities, including Public Liability Insurance cover, Health and Safety, Food Safety and entertainment licensing;

·         The timely payment of the bond as required in the legal agreements;

·         Event Organisers consult with public bodies and local communities as necessary;

·         The preparation of an event management plan which would be subject to the organisers liaising with Council officers and meeting all statutory, legal and Health and safety requirements; and

·         Organisers reinstate all Council property to its original condition after use. Organisers would be reminded that the current ground conditions and location of this event might have to change due to adverse weather conditions which should cover all aspects of management including health and safety, access and would comply with the current events policy.

            The Committee also agreed that the Council suggest that the event organisers examine the potential of holding future similar events in Parks across the City. 

The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of main Issues

1.1        Belfast City Council has been engaged in a partnership with the Department for Communities (DfC) and the Northern Ireland Housing Executive (NIHE) in the delivery of the Affordable Warmth Scheme (AWS) since 2014.

1.2        The scheme aims to address fuel poverty for the most vulnerable households in the city by targeting those households that meet certain criteria, as identified by Ulster University by providing home improvement measures such as loft and cavity wall insulation, replacement boilers and new double glazed windows. While it is a targeted scheme, self-referrals are also considered. To qualify for the scheme occupant’s income must be below £20,000 (gross).

1.3        The eligibility criteria for the boiler replacement element of the scheme includes:

·         have an existing central heating boiler that is at least 15 years old; and

·         be aged over 65; or

·         receive Child Benefit for a child under 16 years of age; or

·         receive DLA/PIP.

1.4        This report provides an update on the scheme including confirmation received from the DfC of the funding allocation for 2019-2020 and the level of referrals to be provided.

2.0        Recommendations

2.1        The Committee is asked to

·         note the contents of the report and consider delegating authority to the sign the SLA to the Director of Planning and Building Control subject to satisfactory arrangements being agreed.

3.0        Main report

            Key Issues & current position

3.1        Referral numbers and funding

            Referral numbers have changed from November 2019 with a revised target of 39 for January – March 2020 which will result in additional funding for each referral.

3.2        In a change from what has happened to date, NIHE will only pay for each referral made, rather than provide the funding for the target number of referrals, which councils used to provide staff who work on the ground in an attempt to get referrals. Obtaining referrals requires input from the householders, and is therefore not within the control of officers. Therefore this new approach could result in BCC having to further subsidise the cost of staff where referrals targets are not met.

3.3        Total number of referrals sent to NIHE to date for 2019 - 2020 is 144, see breakdown below:

3.4        Targeted nature of scheme

            DfC continue to work with UU to review the targeting of the scheme.  Councils have raised concerns that the current model of 80% targeted will not be possible with the current funding and staffing levels, and the addresses provided by UU.

3.5        Cancellations

            Each month there are a number of referrals to be cancelled where this relates to the householder not replying to NIHE where applications have not progressed, or not wanted to proceed. NIHE have agreed to inform councils of these cases to allow AW staff to follow up  ...  view the full minutes text for item 3a

            The Committee considered the following report and draft Consultation Response (Appendix A, copy available here):

“1.0      Purpose of Report or Summary of main Issues

1.1       Members are advised that the Department of Agriculture, Environment and Rural Affairs (DAERA) have recently commenced a consultation into proposals for a new Environment Strategy for Northern Ireland. DAERA have stated that a Northern Ireland Environment Strategy is required to form the basis for a series of interventions that can deliver real improvements in the quality of the environment and thereby improve the health and well-being of our citizens, create opportunities to develop our economy and play our part in protecting the global environment for many decades to come. The various consultation documents are available to download via the following weblink:

            https://www.daera-ni.gov.uk/consultations/esni-public-discussion-document

1.2       This report serves to summarise the contents of the consultation document and to highlight some of environmental statistics and environmental progress that DAERA have referred to within the consultation document.

1.3       This report also includes proposed consultation responses to the various questions that DAERA have proposed throughout the overall Environment Strategy consultation document.

1.4       Members should note that the consultation has been discussed by the All-Party Working Group on the Climate Crisis. Moreover, this report will also be presented to the Strategic Policy & Resources Committee for notation, given the Committee’s interest in climate action.

2.0       Recommendations

2.1       Members are requested to note;

·        the draft response and to agree that the council’s consultation response, as detailed in Appendix 1 to this report, be forwarded to DAERA for consideration.

2.2       Members are advised that the City Solicitor has written to DAERA concerning an extension to the Department’s stated consultation deadline of 17:00 on the 23rd December 2019. DAERA have advised that the Department is presently considering an extension to the public discussion exercise into the New Year and would hope to announce a revised closing date to the consultation process at the end of the current election period. The council’s consultation response will be submitted in accordance with any revised DAERA consultation timetable.   

3.0       Main report

3.1       Key Issues

            DAERA have advised that within the current draft Programme for Government (PfG) 2016-2021, the Department is responsible for Outcome 2 – ‘We live and work sustainably, protecting the environment’, and for five of the six associated indicators relating to greenhouse gas emissions; household waste that is reused, recycled or composted; annual mean nitrogen dioxide concentrations at monitored urban roadside locations; levels of soluble reactive phosphorus in rivers and levels of dissolved inorganic nitrogen in marine waters and; biodiversity – the percentage of protected areas under favourable management. DAERA have also advised that at a Departmental level, their vision is of ‘A living, working, active landscape valued by everyone’.

3.2       DAERA have advised that an Environment Strategy for Northern Ireland is therefore now required due to a number of factors including, environmental challenges, climate change, publication of the UK Government document, ‘A Green Future: Our 25 Year Plan  ...  view the full minutes text for item 3b

            The Committee was advised that at the meeting of the Strategic Cemetery and Crematorium Working Group, held on 20th November 2019, the following key items had been considered:

·        update on New Crematorium Development;

·        update on Expression of Interest on New Cemetery Land; and

·        update in respect of Best Practice on Memorial for Cremated Remains.

            The Committee approved and adopted the minutes of the meeting of the Strategic Cemeteries and Crematorium Working Group held on 20th November, 2019.

The Committee noted the update which had been provided and agreed to hold a Special Meeting of the People and Communities Committee, to which Party Group Leaders also be invited, to discuss the ongoing issues with waste collections and to include engagement with Trade Unions Coordinators as part of the agenda for the meeting.

The Committee also noted that representatives from the Department for Infrastructure also be invited to attend the meeting in relation to parking implications for waste collection services.

In relation to Waste Collection Data, the Committee noted that infographics and details of future reporting mechanisms of Waste Collections would also be provided and discussed at the Special Meeting.

            The Committee considered a report in relation to the continuation of an existing street in the City and approved the naming in respect of Thorburn Road, off Serpentine Road, BT36.

            The Committee approved the applications to erect a second street nameplate in Irish at Gortfin Street, Cavendish Square and Trostan Way.

The Committee considered the following report:

“1.0      Purpose of Report or Summary of main Issues

1.1       The Food Standards Agency as the central competent authority for food and feed regulation in the UK, is responsible in overseeing the official (food law) controls undertaken by district councils. As part of this role the FSA undertake focused audits of the standards of performance expected across the full range of district council’s law enforcement activities.

1.2       On the 13-14 August 2019 the Food Standards Agency NI (FSANI) carried out a focused audit of Belfast City Council’s implementation and operation of the Food Hygiene rating scheme under the Food Hygiene Rating Act (Northern Ireland) 2016.

1.3       The audit report (appendix 1) showed Belfast City Council to be in compliance with the requirements of the Food Hygiene Rating Act (Northern Ireland) 2016 and the procedures associated with it. FSA NI made no recommendations for action.

1.4       Members are asked to note the findings of the audit report.

2.0       Recommendations

2.1       The Committee is asked to

·        Note the findings of the FSA audit report.

3.0       Main report

            Key Issues

3.1       The Food Hygiene Rating Act (Northern Ireland) 2016 (The Act) came into operation on 7th October 2016, and is operated by our food safety and port health officers in partnership with the Food Standard Agency.

3.2       The Act is designed to help consumers make an informed choice by providing information regarding the hygiene standards in restaurants, cafes, takeaways, hotels, supermarkets and other food premises. 

3.3       The Act requires food businesses to display their food hygiene rating on a window sticker and their ratings are published online at food.gov.uk/ratings. The Food hygiene ratings range between zero, indicating urgent improvement necessary and five indicating very good compliance.

3.4       The Act incorporates safeguards to ensure fairness to businesses. These include an appeal procedure, a ‘right to reply’ and a mechanism for requesting an inspection for re-rating purposes if improvements have been made and other conditions are met.

3.5       The Act requires the FSA to review the implementation and operation of The Act within the first three years of the commencement. The initial review must assess the adequacy of any time scales detailed in the Act and whether the appeals process and request for re-rating process are operating satisfactorily. As part of this review the FSA audit aimed to assess how the Act is operating in Belfast City Council. The audit included an assessment of the Councils arrangements and records for service planning, delivery and review, provision and adequacy of officer training, authorisations and internal service monitoring arrangements.

            The Audit report confirmed the following findings:

1.      Belfast City Council had a comprehensive system in place for recording officers’ competency and training

2.      The Council had introduced a scheme of delegation in 2015 and had clearly delegated authority to officers for the delivery of official controls

3.      The council had developed and implemented a documented procedure that described how internal monitoring was carried out within the food service.  ...  view the full minutes text for item 4c

The Committee considered the undernoted report:

“1.0      Purpose of Report or Summary of main Issues

1.1       The purpose of this report is to update the Committee on the Notice of Motion that was brought to Council on the 5th March 2019 regarding the Council’s approach to dealing with fly tipping throughout the city.  The motion, proposed by Councillor Murphy, was as follows:

            ‘This Council notes the frustration caused by fly tipping across the city and the visual impact it has on local areas.

            Councils are responsible for the enforcement and policing of fly tipping and currently we can only enforce this by checking through what has been dumped and getting names and addresses from that. This can carry a fine of up to £2,500.

            We are asking for Council to review its current processes for dealing with fly tipping particularly around enforcement. In order to do this, we should look at models of best practice from elsewhere. 

            This review should come back to committee for us to explore the findings and plan a new way forward that will see us tackle the issue of fly-tipping in a more efficient manner.’

1.2       In addressing the Notice of Motion this report includes the following elements:

                                             (i)          The legal powers to deal with fly-tipping;

                                            (ii)          Current operational practices;

                                          (iii)          Research on approaches by other Councils;

                                          (iv)          A proposed future approach to deal with fly-tipping.

                                            (v)          An update on pending legislative powers for Councils regarding fly-tipping

2.0       Recommendations

2.1       Members are asked to;

·        note the update provided in this report.

3.0       Main Report

            Key Issues

3.1       In 2003, the powers to deal with fly-tipped waste under the Waste and Contaminated Land (NI) Order 1997 were removed from Councils and transferred to the Environmental Crime Unit of the Northern Ireland Environment Agency (NIEA).  In the absence of the primary powers contained within the Waste and Contaminated Land (NI) Order 1997 for which there are fines upon conviction up to £50,000 and up to 6 months imprisonment, some Councils including Belfast City Council have attempted to deal with fly-tipping through the use of The Litter (NI) Order 1994 which has limited sanctions including the issue of £80 fixed penalty notices and carries a sentence upon conviction up to a maximum of £2500. 

3.2       The Environmental Crime Unit of NIEA has advised Councils that it has a limited resource to deal with illegal waste activities and has therefore concentrated its resources on the larger scale and organised crime relating to illegal waste activity.  This has resulted in a void in effectively tackling and apprehending illegal dumping activity. This not only has a serious detrimental impact on the locality but allows offenders to continue without the prospect of apprehension.

3.3       The Council has a team of nine enforcement officers who adopt a robust approach to dealing with incidents of fly-tipping using the limited powers available under the Litter (NI) Order 1994.  Enforcement officers will investigate any case of fly-tipping which includes any waste that is  ...  view the full minutes text for item 4d

The Committee considered a report which sought approval for the use of the City of the Belfast Playing Fields (Mallusk) from Tuesday, 16th to Friday, 19th June 2020 to enable the Irish Football Association (IFA) to host a Football For All Festival.

            It was reported that the event was being funded through the FA Foundation and it was anticipated that it would attract 4,500 participants.  The IFA hoped that the festival would build on the success of the Super Schools Festival, which had been delivered at Mallusk over the previous six years.

            During discussion, Members raised concerns in relation to the funding application process for these types of events and IFA’s overall engagement with the Council and that feedback be submitted to the IFA in this regard.

            After discussion, the Committee approved the IFA event at the City of Belfast Playing Fields (Mallusk) and that the event organisers be given free use of the pitches and ancillary facilities, subject to the completion of the appropriate Event Management Plans and satisfactory terms being agreed by the Director of City and Neighbourhood Services and on the condition that the Event Organiser:

·         Resolved all operational issues to the Council’s satisfaction;

·         Meets all statutory requirements including Public Liability Insurance cover and Health and Safety; and

·         Consults with adjoining public bodies and local communities as necessary.

The Committee also agreed that officers liaise with the IFA to suggest that future requests be made through existing Council funding Programmes, subject to eligibility. 

The Committee was provided with an overview of the invitations for the City of Belfast to enter the annual Britain in Bloom competition in August 2020 and the Ireland Best Kept Awards Competition in June 2020.

During discussion, the Committee questioned the benefits of all the competitions and award ceremonies that the Council had recently entered and highlighted the potential of alternative schemes to recognise the Council’s achievements. 

After discussion, it was

            Moved by Councillor McLaughlin

            Seconded by Councillor Mulholland,

      Resolved - That the the Committee noted that the City of Belfast enter the annual Britain in Bloom competition in August 2020 and the Ireland Best Kept Awards Competition in June 2020 and agreed that a report be submitted to a future meeting to provide details of the following, within in the remit of the People and Communities Committee:

·         Recent Awards and Ceremonies that the Council had entered or attended;

·         Forthcoming Competitions that the Council intended to enter;

·         Benefits of the entries to the City; and

·         Alternative options to recognise the good work of the Council and its staff.

            The Committee considered a report which sought approval for the use of Cregagh Green on Tuesday 14th April, from 9.00 a.m. – 6.00 p.m. to enable the Belfast Junior County Lodge (Orange Order of Belfast) to host its annual Easter Tuesday Parade.

            The Committee approved the use of Cregagh Green for the above event, subject to the completion of the appropriate Event Management Plans and satisfactory terms being agreed by the Strategic Director of City and Neighbourhood Services and on the condition that the Event Organisers:

·        Resolve all operational issues to the Council’s satisfaction;

·        Meet all statutory requirements including Public Liability Insurance cover, Health and Safety, and licensing responsibilities;

·        Consult with adjoining public bodies and local communities as necessary;

·        Enter into an appropriate legal agreement – Reinstatement Bond; and

·        Process the timely payment of any agreed bond as required in the legal agreement.

The Committee considered the undernoted report:

“1.0      Purpose of Report

1.1        The Houses in Multiple Occupation (HMO) Act NI 2016 was commenced on 1st April 2019.  Staff from the Northern Ireland Housing Executive transferred to BCC on 01 April, and since then the HMO Unit has been administering and delivering the new HMO Licencing Scheme function for all councils in Northern Ireland.

1.2        In order to provide this service, a series of documents have been developed to formalise the working relationship with the Department for Communities and between councils.

1.3        These include three Service Level Agreements (for operational roles and responsibilities, legal services, and ICT provision), data processing agreements, and a Memorandum of Understating between the councils and the Department.

1.4        This report provides further detail regarding these documents. 

2.0        Recommendations

2.1        The Committee is asked to;

·         note the operational and monitoring agreements for administrating and implementing the Northern Ireland HMO Licensing Scheme.

3.0        Main report

            Key Issues

3.1        Members are reminded that the Houses in Multiple Occupation (HMO) Act NI 2016 received Royal Assent on 12th May 2016 and was commenced on 1st April 2019. This transferred responsibility for regulating HMOs from the Northern Ireland Housing Executive (NIHE) to local district councils. The new scheme is a licensing scheme which assesses whether the applicant is a fit and proper person to hold a licence.

3.2        The Service Level Agreements (SLAs), the data processing agreement and the Memorandum of Understanding were developed to ensure effective working in partnership between the councils and with the Department in implementing and administering the new HMO licensing scheme for NI. They have been agreed by the Department and the Society of Local Authority Chief Executives (SOLACE).

            Main SLA

3.3        The main SLA, attached as appendix 1, clarifies the roles and responsibilities of the councils in satisfying the requirements of the HMO Act.  The SLA is an essential document between the agreed lead delivery council (Belfast City Council),  the sub-regional lead Councils that are part of the delivery model (Causeway Coast and Glens Borough Council and Derry City and Strabane District Council), and the other Northern Ireland councils. Key aspects of the SLA includethe following:

·         Provisions to assist the lead delivery Council and cluster lead councils to implement and administer the licensing scheme;

·         Definition of the roles, responsibilities and obligations of those councils included and bound by the SLA;

·         Provision to jointly review performance under the SLA on a regular basis with the SLA partners ensuring that necessary action agreed is taken to maintain a high level of service delivery; and 

·         Details relating to the funding, financial and other resource arrangements.

3.4        The SLA agreement ensures that the proper elements and commitments are in place to provide a consistent HMO Licencing Scheme, support and delivery between the signatories and the service providers, and to promote positive joint working.

            Legal Services SLA

3.5        This Service Level Agreement sets out the range of legal services to be delivered by Belfast City Council, and the expected performance  ...  view the full minutes text for item 4h

            Councillor O’Hara provided an overview of a current pilot scheme being undertaken by Cork County Council, Cork University and Environment Protection Agency, Cork, in relation to its Air Quality. He explained that Cork had installed ten laser particle counters to provide real time measurement of PM1.0, PM2.5 and PM10 as part of the study and suggested that the Council might wish to examine the potential of undertaking a similar study in Belfast.  He also suggested that an update on the Air Quality Management would be useful in consideration of such research. 

            During discussion, the Director of City Services highlighted that certified instruments and measurements were required to allow formal assessment of monitoring by Departments. She explained that this was an important part of the assessment, to gain support from the Department to sign up to further formal processes such as the review of the Air Quality Action Plan. She also reminded Members that an Air Quality Workshop had been scheduled for 20th January to examine the issue further. 

            The Committee agreed that a report be submitted to a future Committee on the following:

·        To provide an update on the Air Quality Workshop scheduled for all Members on 20th January;

·        To examine the potential to engage with Cork County Council, Cork University and Environment Protection Agency, Cork, in relation to its Air Quality Pilot Scheme findings; and

·        To provide an update on the process to develop a review of the Air Quality Action Plan.

            Councillor Michael Collins outlined the requirements for a new pedestrian crossing at a new Council Play Park on the Upper Dunmurry Lane.

            During discussion, Councillor Smyth also requested an update on the new pedestrian crossing at Cherryvale Playing Fields.

            After discussion, the Committee agreed to write to the Department for Infrastructure in regards to an update on the Pedestrian Crossing requests for Upper Dunmurry Lane and Cherryvale.