Minutes:
Prior to this item being considered, the Chairperson informed the Committee that he had been advised by the Town Solicitor of the need, in accordance with the legal requirements contained within the Local Government Act (Northern Ireland) 2014, to restrict the information surrounding the application.
Accordingly, with the exception of those parties associated with the application, all persons seated within the public area of the room were excluded from the meeting to enable the matter to be considered in private.
Arising from discussion, a Member highlighted the fact that the Committee had, in the past, deferred consideration of applications until the outcome of legal proceedings had been determined and sought clarification on the impact upon the premises’ Entertainments Licence, should it defer this application.
In response, the Town Solicitor explained that, since the applicant was seeking to renew his Entertainments Licence, he could continue to operate under the terms of his current licence. Whilst confirming that it was a matter for the Committee to decide on how to proceed, he pointed out that it might wish to take into account the fact that the legal case which was being progressed by the Police Service of Northern Ireland related to an alleged incident which had occurred in the premises on 12th March, 2015, which was now over one year ago. He added that the applicant’s legal representative had indicated that his client was content for his application to proceed and that the licence, although treated as subsisting, had expired some months previously.
The Committee was advised that Constable John Guinness, Police Service of Northern Ireland, was in attendance and it agreed to obtain clarification from him around the aforementioned case.
Constable Guinness reported that the Investigating Officer had advised him that a file on the alleged incident which had occurred on 12th March, 2015 had been forwarded to the Public Prosecution Service for its consideration. However, the officer had been unable to confirm the date on which it had been submitted and had yet to receive a response from the Public Prosecution Service.
Constable Guinness was thanked by the Chairperson.
The Committee agreed to consider the application and, accordingly, the Building Control Manager reviewed the report which had been formulated in relation to the premises. He pointed out that the sole objection to the application had been received outside the twenty-eight day statutory period and that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, when considering an application, could exercise its discretion and agree to receive the objector, although it did not have a duty to do so.
The Committee agreed to exercise its discretion in this instance and consider the objection.
During further discussion, several Members expressed concern around the implications of determining the application in advance of the outcome of any legal proceedings being publicised, following which it was:
Moved by Councillor Campbell,
Seconded by Councillor Mullan and
Resolved - That the Committee, in its capacity as Licensing Authority, agrees to defer consideration of the application for the renewal of an Entertainments Licence in respect of Thompsons Garage, Patterson’s Place for a period of one month, to enable officers to obtain clarification from the Public Prosecution Service and the Police Service of Northern Ireland on the status of the potential prosecution arising from the alleged incident in the premises on 12th March, 2015.