Agenda item

            The Committee considered the following report:

 

 

            “1.0                           Purpose of Report/Summary of Main Issues

 

1.1                            To consider applications for the renewal of Seven-Day Annual 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:

 

1.      approve the applications, or

2.      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 Conviction and Penalty
Ardoyne Working Men’s Club   9b Kerrera Street Belfast BT14 7FL	Mr. Brendan Mailey (Secretary)	Renewal	December, 2014   Entertainment being provided without a valid Entertainments Licence being in place	28th July, 2015   £200 and £66 Court costs
SliabhDubh   79 Whiterock Road Belfast BT12 7FW	Mr. Tony Clarke	Renewal	July, 2015   Caulfield’s Bar   Final exit locked shut and an obstructed means of escape	8th March, 2016   Caulfield’s Bar   £200 and £69 Court costs
The Corner House   167-177 Oldpark Road Belfast BT14	Mr. Michael Markey	Renewal	February, 2016   Entertainment being provided without a valid Entertainments Licence being in place	13th September, 2016   Conditional Discharge

 

 

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.

 

                                 Application History

 

3.4                            Previous applications for the aforementioned premises were considered by the Committee as follows:

 

                                 Ardoyne Working Men’s Club

 

3.5                            This is the third time that an application for the premises has been considered by the Committee since the applicant was convicted on 28th July, 2015.

 

3.6                            The previous renewal applications were considered by the Committee, in relation to the conviction on 12th November, 2015 and 14th December, 2016 and, after consideration, it agreed to renew the Entertainments Licence.

 

3.7                            Since the previous renewal application, the premises have been subject to one during performance inspection as well as the annual renewal inspection to ensure that there has been no recurrence of these or any other safety issues and management procedures were being implemented effectively.

 

 

                                 Wolf and Whistle

 

3.8                            This is the second time that an application for the premises has been considered by the Committee since the applicant was convicted on 28th June, 2016.

 

3.9                            The previous renewal application was considered by the Committee on 19th October, 2016 and, after consideration, it agreed to renew the Entertainments Licence.

 

3.10      Since you last considered the application, the premises have been subject to three further during performance inspections as well as a renewal inspection to ensure that there has been no recurrence of these or any other safety issues and management procedures were being implemented effectively.

 

                                 Sliabh Dubh

 

3.11      This is the second time that an application for the premises has been considered by the Committee since the applicant was convicted on 8th March, 2016.

 

3.12      The application is placed before the Committee because the applicant, Mr Tony Clarke, was convicted of offences under the Order at Belfast Magistrates’ Court regarding Caulfield’s Bar, another premises for which he is the licensee.

 

3.13      The previous renewal application was considered by the Committee on 21st September, 2016 and, after consideration, it agreed to renew the Entertainments Licence.

 

3.14      Since you last considered the application, the premises have been subject to one further during performance inspection as well as a renewal inspection to ensure that there has been no recurrence of these or any other safety issues and management procedures were being implemented effectively.

 

                                 The Corner House

 

3.15      This is the second time an application for the premises has been considered by the Committee since the applicant was convicted on 13 September 2016.

 

3.16      The previous renewal application was considered by the Committee, in relation to the conviction, on 21 September 2016 and, after consideration, it agreed to renew the Entertainments Licence.

 

3.17      Since the previous renewal application, the premises have been subject to three further during performance inspection as well as the annual renewal inspection.

 

3.18      On two of our inspections we found that no entertainment was taking place. The other inspection uncovered no further issues and management procedures were being implemented effectively.

 

                                 Representations

 

3.19      Public notice of the applications has been placed and no written representations have been lodged as a result of the advertisements.

 

                                 PSNI

 

3.20      The PSNI has been consulted and has confirmed that it has no objections to the applications.  A copy of its correspondences has been circulated to the Committee.

 

                                 NIFRS

 

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

 

                                 Applicants

 

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

 

                                 Financial and Resource Implications

 

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

 

                                 Equality and Good Relations Implications

 

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

 

            The Committee agreed to renew the Seven-Day Annual Indoor Entertainments Licences in respect of:

 

·    Ardoyne Working Men’s Club, 9b Kerrera Street;

 

·    Sliabh Dubh, 79 Whiterock Road;

 

·    The Corner House, 167-177 Oldpark Road; and

 

·    Wolf and Whistle, 67-71 Andersonstown Road.