Agenda item

The Committee considered the undernoted report:

 

“1        Relevant Background Information

 

1.1       Members will recall that, at your meeting on 16 April, you were advised that an anonymous objection had been received against the applications for the transfer and renewal of the Entertainments Licence for Mynt nightclub.

 

Premises and Location            Ref. No.                       Applicant            

Villa (formerly Mynt)               WK/201201878 Lawrence Bannon

2-6 Dunbar Street                                                        5 Donegall Park Avenue

Belfast, BT1 2LH                                                         Belfast, BT15 4EU

 

1.2       The objection raised issues around the management of the premises and their links to Mr Ryan Morton and Mr Daniel Morton who had, in the past, been the subject of legal proceedings by the Council.

 

1.3       After consideration, you agreed to exercise your discretion to consider the objection and to ascertain the roles of the various personnel involved in the operation and management of the business.

 

1.4       The previous licensee for Mynt was also Mr Lawrence Bannon in his capacity as a director of Metropolitan Inns (NI) Limited. However, Members may recall that Metropolitan Inns (NI) Limited entered into administration in November 2012 hence the reason for the transfer application.

           

            2          Key Issues

 

2.1       In association with the transfer and renewal applications, extensive refurbishment works took place and the premises were closed for some time.

 

2.2       The works have recently been completed to the satisfaction of the Service and the venue reopened on 28 March 2014.  A variation application was not required as there was no increase in occupancy or extension to the permitted hours to provide entertainment.

 

2.3       The Building Regulations application received for the refurbishment works is in the name of Ms Lauren Morton of Newgate Inns Limited.  Ms Lauren Morton is the daughter of Mr Daniel Morton. The directors of Newgate Inns Limited are Ms Lauren Morton and Ms Alana Fox, who will both be working in the club.

 

2.4       Mr Bannon submitted a letter to the Service in response to the objection. A copy of this letter is attached.

 

2.5       Mr Bannon has confirmed that the new enterprise is a joint venture between himself and Newgate Inns Ltd. Whilst he is still the owner of the property he has leased the premises to Newgate Inns Limited for a period of 10 years to help with the business going forward and to provide some financial assistance. Whilst it is a joint venture he will be the operations director, responsible for the ‘day to day’ running and management of the business including entertainment licensing and all compliance matters.

 

2.6       Mr Bannon has also confirmed that both he and Newgate Inns Limited will make joint financial decisions including staff appointments and dismissals.

 

2.7       The Service has also been advised that Mr Ryan Morton’s only role will be promoting the club and that both Mr Daniel Morton and Mr Ryan Morton will play no part in the management of the club.

 

2.8       Mr Bannon has confirmed that he will be present at your meeting in order to address the Committee and answer any questions the Committee may have.

 

            Health, safety and welfare issues

2.9       Since the premise reopened on 28th March 2014, 2 during performance inspections have been carried out which revealed that the terms and conditions of the Entertainments Licence were being adhered to and that the management of the premises was satisfactory. Some minor issues were identified which were quickly rectified.

 

            Noise Issues

2.10      The Environmental Protection Unit (EPU) has been consulted in relation to the application and confirmed that they have received one complaint since the premise reopened on 28th March 2014.

 

2.11      The complaint related to noise emanating from the premise as a result of doors being left in the open position to allow patrons in the smoking area to avail of the entertainment. The Licensee has been made aware that this is a breach of the terms and condition of licence and has confirmed that he will ensure that this does not occur in future.

 

            PSNI

2.12      The PSNI has been consulted and has no objection to the applications.

 

3          Resource Implications

 

            Financial

3.1       None

 

            Human Resources

3.2       None

 

Asset and Other Implications

3.3       None

 

4          Equality and Good Relations Considerations

 

4.1       There are no equality or good relations issues.

 

5          Recommendation

 

5.1       Taking into account the information presented and representations made in respect of the application you are required to make a decision to either:

 

1.                Approve the applications for the transfer and renewal of the 7-day Annual Entertainments Licence, or

 

2.                Approve the applications with special conditions, or

 

3.                Refuse the applications for the transfer and renewal of the 7-day Annual Entertainments Licence.

 

5.2       If an application is refused, or special conditions are attached to the licence to which the applicant does not consent, then the applicant may appeal the Council’s decision within 21 days of notification of that decision to the Recorders Court.”

 

            It was reported that Mr. L. Bannon, the applicant, was in attendance and he was admitted to the meeting and welcomed by the Chairman.  In response to a letter of objection which had been received regarding the application for an entertainments licence, Mr Bannon replied as follows:

 

·        The entertainments licence had been applied for in his name and Newgate Inns Ltd. and he had over 10 years of experience in running busy licensed premises;

·        He was the operations director with the company, with responsibility for the complete running of the bar covering all entertainment, licensing and staffing matters;

·        Lauren Morton had over 8 years of experience in the licence trade and was more than capable of managing properly the entertainment on the premises even without his involvement;

·        Lauren Morton was a Director of the company and Danny Morton was her father; and

·        Ryan Morton had been employed as Public Relations and Marketing Manager.

 

            In conclusion, he pointed out that it was his opinion that the letter of objection had been drafted so that it appeared to have come from a concerned parent, but was more likely to have been written by a competitor seeking to undermine a first class new venture which would give employment to over 60 people.

 

            In answer to a number of questions from Members, Mr. Bannon clarified the relationship between himself and the directors of Newgate Inns Ltd. and that Andrea Bannon was his daughter.  He confirmed that he was not an employee of the Morton family or any company which they owned and that Mr. Ryan Morton would be employed only as P.R. and Marketing Manager and would have no direct involvement in the operational management of the club.  In addition, Mr Danny Morton would not be involved in the day to day running of or in the operation of the club.

 

            The Chairman thanked Mr Bannon for attending and he retired from the meeting.

 

            After discussion, the Committee agreed, in its capacity as Licensing Authority, to approve the applications for the transfer and renewal of the 7-day annual entertainments licence in respect of the Villa, 2-6 Dunbar Street.