Agenda item

            The Committee considered the following report:

 

“1.0     Purpose of Report/Summary of Main Issues

 

1.1       To consider applications for Entertainments Licences where the applicant has been convicted of an offence under the Local Government Miscellaneous Provisions (NI) Order 1985 (the Order) within the previous five years.

 

2.0       Recommendations

 

2.1       Taking into account the information presented, you are required to consider the applications and to:-

 

·        approve the applications, or

·        should you be of a mind to refuse any of the applications, or approve any applications with additional special conditions, an opportunity of appearing before and of being heard by the Committee must be given to the applicants.

 

3.0       Main Report

 

            Key Issues

 

3.1       Members are reminded that the normal process for dealing with Entertainments Licence applications which are not the subject of objections is that the licence will be granted, as provided for in the Council’s Scheme of Delegation.

 

3.2       However, as each applicant has been found guilty of committing an offence within five years of the application for a licence being submitted to the Council, you are required to consider the following applications.

 

Premises and Location	Applicant	Application Type	Offence Details	Date of Convictionand Penalty
Caulfield’s Bar   685 Springfield Road Belfast	Tony Clarke   Douglas Adams	Renewal	4th July 2015   Final exit locked shutand an obstructed means of escape	8th March 2016   £200 and £69 Court Costs
Malone Rugby Football Club   8 Gibson Park Avenue Belfast	Raymond Thomas   Honorary Secretary	Renewal	22nd August 2015   Entertainment taking place without an Ent. Licence	5th April 2016   Conditional Discharge   £69 Court costs
Box Nightclub   Units 1 and 8 Odyssey Pavilion 2 Queens Quay Belfast	Sheridan Nightclubs Limited	Indoor and Outdoor   Renewals	25th September 2014   Entertainment taking place in an outdoor area without an Outdoor Entertainments Licence	17th November 2015   £200 and £69 Court costs

 

3.3       Notwithstanding the possibility of refusing an Entertainments Licence on any other grounds, the Council may refuse an application on the grounds that the applicant has been convicted of an offence under the Order.

 

3.4       Application History

 

3.5       Caulfield’s Bar

 

3.6       This is the second time an application for the premises has been considered since the applicant was convicted on 8th March 2016. The last renewal application was brought before the Committee at your meeting on 18 May 2016 and, after consideration, you agreed to renew the licence.

 

3.7       Members are reminded that you have considered applications for other premises for which the applicant is licensee since their conviction for the offences involving Caulfield’s Bar, namely, The Suffolk Inn, which you considered at your meeting on 17th August 2016, the Sliabh Dubh, which you considered at your meeting on 21st September 2016 and Failte Restaurant, which you considered on 14th December 2016.

 

3.8       After taking account of the conviction, you agreed to renew each of these licences respectively.

 

3.9       Since the previous renewal the premises have been subject to two during performance inspections as well as the renewal inspection to ensure that there has been no recurrence of the breaches or any other safety issues. As a result, we have found that safety measures and management procedures are being implemented effectively.

 

3.10     Malone Rugby Football Club

 

3.11     This is the second time an application for the premises has been considered since the applicant was convicted on 5th April 2016. The last application was brought before the Committee at your meeting on 20th April 2016 and, after consideration, you agreed to grant the licence.

 

            Since the licence was granted, the premises have been subject to one during performance inspection as well as the renewal inspection to ensure that there have been no issues.

 

3.12     No entertainment was found to be taking place at the time of the during performance inspection but from the renewal inspection we are satisfied that safety measures and management procedures are being implemented effectively.

 

3.13     Box Nightclub

 

            This is the second time applications for the premises has been considered since the applicant was convicted on 17th November 2015. The renewal application for the Indoor Entertainments Licence and Grant application for the Outdoor Entertainments Licence were brought before the Committee at your meeting on 18th May 2016 and, after consideration, you agreed to grant the licences.

 

            Since the granting of those licences, the premises have been subject to four during performance inspections as well as the renewal inspection to ensure that there have been no issues. As a result, we have found that safety measures and management procedures are being implemented effectively.

 

3.14     Representations

 

            Notice of the applications has been advertised and no written representations have been received.

 

3.15     PSNI

 

            The PSNI has confirmed that it has no objections to the applications.

 

 

3.16     NIFRS

 

            The Northern Ireland Fire Rescue Service has been consulted in relation to each of the applications and has confirmed that it has no objections.

 

3.17     Applicants

 

            The applicants and/or their representatives will be available at your meeting to answer any queries you may have in relation to their respective applications.Copies of the respective application forms for the premises are attached.

 

3.18     Financial and Resource Implications

 

            Officers carry out during performance inspections on premises providing entertainment which is catered for within existing budgets.

 

3.19     Equality and Good Relations Implications

 

            There are no equality or good relations issues associated with this report.”

 

            After discussion, the Committee agreed to renew:

 

                           i.          the Seven-Day Annual Indoor Entertainments Licence for Caulfield’s Bar, 685 Springfield Road;

 

                          ii.          the Seven-Day Annual Indoor Entertainments Licence for Malone Rugby Football Club, 8 Gibson Park Avenue; and

 

                         iii.          the Seven-Day Annual Indoor and Outdoor Entertainments Licences for the Box Nightclub, Units 1 and 8 Odyssey Pavilion, 2 Queen’s Quay.