Minutes:
The Building Control Manager reminded the Committee that, at its meeting on 18th January, it had agreed that, in future, any person applying for the renewal, variation or grant of an Entertainments Licence who had been convicted of an offence under the Entertainments Licensing legislation, would be invited to appear before the Committee to outline the reasons why their application should be approved.
Accordingly, he drew the Members’ attention to an application which had been received from Dicey Reilly’s Limited for the grant of a Seven-Day Annual Indoor Entertainments Licence for Fitzgerald’s Bar. He reported that Mr. S. Mailey, a director of the company, together with Ms. A. Campbell, the manager of the bar, had, in March, 2014, been convicted of providing entertainment without an Entertainments Licence on two occasions in 2013. They had each been fined a total of £400 and been ordered to pay costs of £207. In June, 2016, officers had again discovered that entertainment was taking place without a licence. That had resulted in Mr. Mailey being given a conditional discharge and Ms. Campbell being fined £250 and each having to pay costs of £69.
He explained that, following those offences, officers had met with both Mr. Mailey and Ms. Campbell to explain the application process governing the grant of an Entertainments Licence and had advised them not to provide further entertainment until that process had been concluded. However, despite repeated warnings and advice, officers had discovered entertainment taking place within the bar on two further occasions in 2016.
The Council’s Solicitor reported that, on the previous day, Dicey Reilly’s Limited, the applicant company, had been fined £1,000 for providing entertainment on 9th December, 2016 without an Entertainments Licence and had been given a conditional discharge for a period of twelve months for a similar offence relating to 30th October 2016. Mr. Mailey and Ms. Campbell had each been fined £385 and had received conditional discharges for twelve months for the offences which had been detected on 30th October and 9th December, respectively. Dicey Reilly’s Ltd, Mr.Mailey and Ms. Campbell had each been ordered to pay court costs of £75.
The Building Control Manager informed the Committee that the premises operated currently as a public house, with ground floor and first floor bar areas. The applicant was seeking to provide entertainment in both of those areas from Monday to Saturday till 1.00 a.m. and on a Sunday till midnight and was working with Council officers to agree the appropriate occupancy levels. He reported that no written representations had been received in relation to the application and that neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland had offered objections. Since the latest offences had been detected, officers had met with the applicant to outline the application process for the grant of the licence and to provide advice on fire safety procedures and the safe evacuation of patrons in the event of an emergency. He concluded by pointing out that the Council’s Environmental Protection Unit had confirmed that no noise complaints had been received in relation to noise breakout or patron dispersal from the bar.
The Committee was informed that Ms. A. Campbell, the manager of Fitzgerald’s Bar, and Mr. M. Halleron, the applicant’s legal representative, were in attendance and it agreed that it would be beneficial to obtain further information from them around the application.
Mr. Halleron informed the Members that the failure by his client to obtain an Entertainments Licence in the past had been due primarily to the relevant documentation not being submitted to the Council, despite it having been completed. He explained that the company accepted full responsibility for the offences and that it was now co-operating fully with Council officers to ensure that it complied with all of the requirements associated with the application process. He highlighted the detrimental impact which both the level of fines and the inability to provide regular entertainment had had upon the business and concluded by stressing that the applicant would, in future, ensure that the venue was operated to the satisfaction of the Council.
Ms. Campbell outlined the measures which had now been put in place to improve the overall operation of the premises, which had included raising awareness amongst staff of safety and other issues and the need to keep the log book updated, and reiterated the point which had been made by Mr. Halleron around the future operation of the bar.
The Chairperson thanked Ms. Campbell and Mr. Halleron for their contribution.
After discussion, the Committee agreed to grant a Seven-Day Annual Indoor Entertainments Licence in respect of Fitzgerald’s Bar, 123-127 New Lodge Road.