Minutes:
The Building Control Manager informed the Committee that EZE Gaming Limited operated currently amusement arcades at 44 Cregagh Road, 191 Kingsway and 13 North Street in the City. He explained that the arcades had been operated previously by a related company and that EZE Gaming Limited was now seeking to have the corresponding Amusement Permits transferred into its name. Since the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 made no provision for the transfer of an Amusement Permit, EZE Gaming Limited had been required to submit a new application for the grant of a Permit for each arcade. The arcades would be operated on the same basis as previously and officers were satisfied that no alterations were being made which would necessitate the submission of a Building Regulations application.
He reminded the Committee that the Amusement Permit Policy, which had been implemented in 2013, assessed applications based upon two components, the first of which took into consideration the legal requirements under the aforementioned Order, in terms of the character, reputation and financial standing of the applicant, the nature of the premises and activity proposed, the opinions of the Police Service of Northern Ireland and submissions from the public. In that regard, he confirmed that the applicant company had submitted references in support of its applications and that no objections had been received from the Police Service or from the public.
He reported that the second component of the Policy set out five criteria to be used when assessing the suitability of a location for the grant of an amusement arcade, based around retail vibrancy and viability, cumulative build-up, image and profile, proximity to residential use and to schools, youth centres and residential institutions for vulnerable people. He pointed out that, if the three applications were to be viewed as new applications, the arcade in Kingsway would fulfil all of those criteria. However, the premises on the Cregagh Road would fail to comply with one criterion, in that it was located within two hundred metres of a primary school, and the arcade in North Street would fail to meet two criteria, on the basis that it was located within the Primary Retail Core of the City Centre, as defined by the 2015 Belfast Metropolitan Area Plan, and that there was a similar business operating within the same commercial block.
In relation to the renewal of Amusement Permits, the Amusement Permit Policy indicated that the assessment of a location should take place only in exceptional circumstances and recognised the fact that premises, such as the three under consideration, were long established and had been operating long before the Policy had been implemented. Moreover, given that they had, some years previously, been granted planning approval, a Court of Appeal decision in June 1999 had stated that the Council, in determining applications for Amusement Permits, may take into account planning considerations but should be slow to differ from the views of the Planning Authority.
The Committee agreed to obtain clarification on the applications and Mr. A. Stranaghan, a Director of EZE Gaming Limited, was welcomed by the Chairperson.
Mr. Stranaghan confirmed that the fact that opening hours differed across each of the three arcades was due to demand at a local level and that it was company policy that no-one under the age of twenty-one be permitted entry to the arcades.
The Chairperson thanked Mr. Stranaghan for his contribution.
During discussion, a Member sought clarification on whether the granting of the Amusement Permits for those premises at 44 Cregagh Road and 13 North Street would set a precedence in terms of the future operation of the Council’s Amusement Permit Policy, given that they had each failed to comply with at least one of the criteria used for assessing the suitability of a location, as set out under the Policy.
In response, the Town Solicitor confirmed that, in instances where a premises had been used for a prolonged period of time and where an Amusement Permit was essentially being transferred, albeit that it was deemed to be a grant application, due to a lack of provision under the existing legislation, it would be incumbent upon the Committee, if satisfied that the applicant was a fit and proper person, to grant the Permit. Any failure to do so could be interpreted as a disproportionate interference with the applicant’s property rights under Article 1, Protocol 1 of the European Convention on Human Rights. It would not, therefore, create a precedent upon which others could rely on in the future in terms of breaching the Amusement Permit Policy.
Twilight Zone Amusement Centre, 44 Cregagh Road
The Committee agreed, in its capacity as Licensing Authority, to grant an Amusement Permit in respect of the Twilight Zone Amusement Centre, 44 Cregagh Road, with the premises being permitted to operate from Monday to Sunday between the hours of 8.00 a.m. and 10.00 p.m.
Twilight Zone Amusement Centre, 191 Kingsway
The Committee agreed, in its capacity as Licensing Authority, to grant an Amusement Permit in respect of the Twilight Zone Amusement Centre, 191 Kingsway, with the premises being permitted to operate from Monday to Sunday between the hours of 9.00 a.m. and 9.00 p.m.
Twilight Zone Amusement Centre, 13 North Street
The Committee agreed, in its capacity as Licensing Authority, to grant an Amusement Permit in respect of the Twilight Zone Amusement Centre, 13 North Street, with the premises being permitted to operate from Monday to Sunday between the hours of 8.30 a.m. and 10.30 p.m.