Agenda item

            The Building Control Manager informed the Committee that an application had been received for the grant of a Seven-day Annual Indoor Entertainments Licence in respect of the Hawthorn Bar, based upon the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            He reported that the Building Control Service had received, outside the twenty-eight day statutory period, a petition consisting of ten signatures, objecting to the grant of the licence. He outlined the nature of the objections and pointed out that, under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, when considering an application, must have regard to any representation which had been received within the twenty-eight day statutory period.  However, where an objection had been lodged outside that timeframe, as was the case with this application, it could exercise its discretion and agree to consider the objection, although it did not have a duty to do so.

            During discussion, a Member highlighted the fact that the objectors had had twenty-eight days in which to submit their objections to this application and suggested that the Committee should not take them into account. He suggested also that the Committee should, in future, adopt that approach for similar applications, with a view to expediting the application process. However, the point was made that many venues across the City were located within a residential area and that the Committee had a responsibility to ensure that issues, such as those which had been highlighted in relation to the Hawthorn Bar, were addressed fully. 

            In response, the Building Control Manager confirmed that the objectors had been engaged in discussions with the applicant, community representatives, the Council and the Police Service of Northern Ireland, aimed at resolving issues around the operation of the premises. However, those had failed to be addressed to their satisfaction, which might explain their delay in submitting their written representation. 

            The Divisional Solicitor explained that, whilst the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 permitted the Committee to exercise its discretion and consider objections which had been received outside the twenty-eight day statutory period, it was, ultimately, a matter for it to decide whether or not to do so. However, she suggested that the Committee should bear in mind a House of Lords appeal decision which, in 2007, had upheld the Council’s decision to refuse an application for a sex establishment licence, which had stated that it would be perverse if relevant information could not be taken into account, just because it had been received outside the statutory time period.

After further discussion, it was

Moved by Councillor Hutchinson,

Seconded by Councillor Magennis,

      That the Committee, in its capacity as Licensing Authority, agrees not to take into consideration the representation relating to the Hawthorn Bar, on the basis that it had been received outside the twenty-eight day statutory period and, accordingly, agrees to grant a Seven-day Annual Indoor Entertainments Licence for the venue.

On a vote by show of hands four Members voted for the proposal and eleven against and it was declared lost.

            Accordingly, the Committee agreed to consider the representation at a future meeting, to which the objectors and the applicant would be invited. The Committee agreed also that officers submit to a future meeting a report outlining potential options for dealing with representations which had been submitted outside the statutory timeframe.