Agenda item

            (Prior to this matter being discussed, the Chairperson informed the Committee that he had been advised by the Divisional Solicitor of the need, in accordance with the legal requirements contained within the Local Government Act (Northern Ireland) 2014, to restrict the information surrounding this application.

            Accordingly, with the exception of the Council’s Communications Officer, all persons seated within the public area of the room were excluded from the meeting to enable the matter to be considered in private.)

            The Committee was reminded that, at its meetings on 20th April and 18th May, it had agreed to defer consideration of an application for the renewal of an Entertainments Licence in respect of Thompsons Garage, Patterson’s Place, pending the outcome of a prosecution arising from an alleged incident in the premises on 12th March, 2015.

            The Committee was reminded further that, at its meeting on 21st September, it had agreed that the applicant should be afforded an opportunity to attend its next meeting to provide further details regarding the issues which had been raised by his accountant around the detrimental impact which any continued delay in considering the application would have upon his client’s business.

            The Divisional Solicitor reported that it was her understanding that the court case had been adjourned on two occasions and that a subsequent contested hearing had not proceeded due to the non-attendance of a prosecution witness. That case had now been listed for hearing on 25th November. She explained that the Committee was being requested to decide, in the first instance, if it wished to affirm its previous decisions to defer the application until the prosecution had been concluded. She suggested that, in advance of making that decision, it would be prudent for the Committee to hear not only from the applicant but also from the objector, who was also in attendance and who was seeking to provide additional information around the reasons for the deferral of the case. 

            The Committee agreed to adopt that course of action and Mr. S. Boyd, a Director of Endless Music Limited, the applicant company, together with Mr. L. Murray, his legal representative and Mr. J. Morgan, Panther Purchasing, were welcomed by the Chairperson.   

            Mr. Murray informed the Members that Thompson’s Garage had been trading for more than twenty years and that it generated employment and made a valuable contribution to the local night-time economy. However, the uncertainty around the renewal of the Entertainments Licence had created significant economic difficulties for the company, as had been highlighted by the company’s accountant. He pointed out that, this year, the company had made a substantial investment in purchasing its existing property and in acquiring two adjoining properties, as part of an overall expansion of the business. An outdoor terrace area had since been constructed, which provided patrons with access onto Upper Arthur Street, rather than Patterson’s Place, which had created difficulties in past. However, whilst a Liquor Licence had been obtained for that area, it could not be utilised for entertainment until the matter of the Entertainments Licence had been addressed.

            Mr. Murray then outlined the various measures which had been put place to improve the overall management of Thompson’s Garage. He highlighted, in particular, the fact that one of the three persons who were being prosecuted in relation to the alleged incident on 12th March, 2015 had, earlier this year, ceased to be a Director of Endless Music Limited and was no longer involved in the day-to-day management of the business. He made the point that, should the former Director be found be guilty of the offence, it would not be material to the company’s application for the renewal of it Entertainments Licence and that it would be willing to provide an undertaking that he would not, at any time, be re-appointed as a Director. He added that, should the two door supervisors who were being prosecuted also be convicted, they would no longer be employed by the company and, as far as he was aware, their Security Industry Authority membership would be terminated. 

            The deputation then provided clarification on a number of questions which had been raised by the Members.

            Mr. Murray stated that, although he was not involved in the case, it was his understanding that it had been adjourned on the last occasion due to a failure by a prosecution witness to attend court. In terms of the premises, he pointed out that staff had received extensive training on new policies and procedures which had been implemented and that the Police Service of Northern Ireland had, in discussions with him, acknowledged that there had, during the past year, been a significant improvement in the overall operation of the premises.

            Mr. Boyd advised that, since he had assumed control of Thompson’s Garage, only one door supervisor had been convicted of an assault at the premises, despite the fact that it operated on seven nights of the week and attracted over 150,000 patrons annually. He confirmed that the former Director retained a 50% share in Endless Music Limited and that it had been considered advisable to remove him from his responsibilities of running the business until such time as the pending prosecution had been dealt with.

            Mr. Murray explained that both the former Director and Mr. Boyd were liable for the repayment of the bank loan which had been obtained to expand the business and for other financial commitments. He reported that the inability to fully utilise the premises as a result of the ongoing issues around the Entertainments Licence, despite having incurred significant expenditure, had affected trading and that the bank would have serious issues should that situation be allowed to continue.  

            The Chairperson thanked the deputation for their contribution and welcomed to the meeting Mr. M. Johnston, the objector to the application and Mr. S. Leonard, his legal representative.  

            Mr. Leonard informed the Committee that the aforementioned case had initially been listed for trial on 14th September and that Mr. Johnston had, whilst attending, been informed that it would not be heard, due to the defendant’s legal team not being in a position to proceed. That, he stated, was contrary to the assertions which had been made earlier in the meeting. He highlighted the fact that it had now been established that the former Director still owned half of the business and that he and his partner had, just this year, made a significant investment in its expansion. It was, therefore, evident that the former Director still had a substantial controlling interest in the business and exerted considerable influence and, in light of the nature of the charges which he was facing, his client had concerns around that business holding an Entertainments Licence. He confirmed that the case had now been listed for hearing on 25th November, which was now only a few weeks away, and he urged the Committee to defer consideration of the application until that had been determined.

            In response to a question from a Member, Mr. Johnston confirmed that he had never been barred from entering or ejected from Thompson’s Garage and that, apart from the concerns which he had raised in relation to the renewal of the Entertainments Licence, he had no issues with the owners, door supervisors or other staff.  He added that he had never been assaulted by any door supervisors and that the former Director of the business, who had been acting as a door supervisor on the night of 12th March, 2015 and who had assaulted him, had yet to reveal to the Council whether he held a Security Industry Authority licence. He added that he had, on 14th September, been advised by the Public Prosecution Service that the former Director had been unable to attend the court and that the case would not be proceeding, although he was unable to produce documentation from the Court which would confirm that fact. 

            Messrs. Johnston and Leonard were thanked by the Chairperson, who then invited Inspector D. Hardy and Constable S. O’Hare of the Police Service of Northern Ireland to address the Committee.

            Constable O’Hare informed the Committee that neither he nor Inspector Hardy had been involved in investigating the incidents relating to Thompson’s Garage and that, in any case, it would be difficult for the Police Service of Northern Ireland to comment whilst the legal proceedings were ongoing. They then retired to the public area. 

            The Assistant Building Control Manager pointed out that the venue would continue to operate under the terms of its current Entertainments Licence and highlighted the fact that the licensee had complied fully with all requests from the Building Control Service around, for example, door supervisory and fire safety training and the refurbishment works which had been carried out. Inspections of the premises had revealed that it was being operated in accordance with the Service’s requirements and in accordance with the Entertainments Licensing legislation.

            The Divisional Solicitor then confirmed that it was a matter for the Committee to decide whether it was satisfied that it could make a decision on the renewal of the Entertainments Licence in advance of being informed of the outcome of the pending prosecutions.      

After discussion, it was

Moved by Councillor Bunting,

Seconded by Alderman Sandford,

      That the Committee, in its capacity as Licensing Authority, agrees to affirm its decisions of 20th April and 18th May to defer consideration of the application for the renewal of an Entertainments Licence in respect of Thompsons Garage, Patterson’s Place, until the outcome of the legal proceedings arising from an alleged incident which had taken place within the premises in March, 2015 had been determined.

            On a vote by show of hands fifteen Members voted for the proposal and three against and it was declared carried.