The Committee considered the undernoted report for the Grant of a 7-Day Annual Outdoor Entertainments Licence:
“1.0 Purpose of Report or Summary of main Issues
1.1 To consider an application for the Grant of a 7-Day Annual Outdoor Entertainments Licence based on the Council’s Standard Conditions to provide outdoor musical entertainment.
Premises and Locations
Wellington Park Hotel
19-21 Malone Road
Mr Felix Mooney
Dunadry Development Company Ltd
Wellington Park Hotel
19-21 Malone Road
Belfast, BT9 6RU.
1.2 A location map is attached as Appendix 1 (copy available here).
2.1 Taking into account the information presented and any representations made you are required to make a decision to either:
1. Approve the application for the grant of the Entertainments Licence, or
2. Approve the application for the grant of the Entertainments Licence with Special Conditions, or
3. Refuse the application for the grant of the Entertainments Licence.
2.2 If the application is refused, or Special Conditions are attached to the Licence to which the applicant does not consent, then the applicant may appeal the Council’s decision within 21 days of notification of that decision to the County Court.
3.0 Main report
3.1 Members are reminded that all applications for the Grant of Outdoor Entertainments Licences are brought before Committee for your consideration.
3.2 Committee are advised that an application for this outdoor area was considered at your meeting of 18 April 2018 and, whilst objections had been received in respect of the application, the Committee agreed to grant the outdoor entertainments licence for a period of six months.
3.3 However, the applicant did not apply to renew the licence and it subsequently expired.
Details of Premises and Proposals
3.4 The applicant proposes to provide outdoor entertainment within the external beer garden, which is located to the front of the Wellington Park Hotel. The external area will be utilised by both the Botanic Inn and the Wellington Park Hotel.
3.5 The previous Licence was issued with the following terms and conditions:
(a) Occupancy of the external beer garden to be 350 persons.
(b) The days and hours during which entertainment may be provided are:
· Monday to Saturday 11.30 am to 11.00 pm, and
· Sunday 12.30 pm to 10.00 pm.
(c) Special Conditions:
1. The capacity of 350 persons for the outdoor area will be included in the existing overall maximum occupancy of the indoor areas; it is not in addition to this occupancy.
2. The maximum indoor occupancy for both premises will be managed in conjunction with the external area to ensure numbers in all areas do not exceed capacity.
3. Entertainment to be provided to the outdoor area must be no greater than 75 dBLAeq, 5mins at 1m from the loudspeaker.
4. Outdoor area must be managed in accordance with the Noise Management Strategy dated January 2018.
5. Music must be provided through the in-house sound system.
The applicant has advised that, if a Licence is granted for the area, it is his intention to provide low key entertainment in the form of solo performers, live bands or a DJ through the in-house speaker system.
3.6 Layout plans of the proposed external area are attached as Appendix 3 (copy available here).
3.7 The applicant has provided a Noise management Plan which is attached as Appendix 4 (copy available here).
3.8 Notice of the application has been advertised and no written representations have been lodged.
Police Service of Northern Ireland
3.9 The police have offered no objection to the application. A copy of their correspondence is attached as Appendix 5 (copy available here).
3.10 Northern Ireland Fire Rescue Service
The Fire and Rescue Service have offered no objection to the application.
Health, Safety and Welfare Issues
3.11 The premises will continue to be inspected as part of our During Performance Inspection regime to ensure the applicant adheres to their Licence Conditions.
3.12 The Council’s Environmental Protection Unit (EPU) has been consulted in relation to the application and they have confirmed that two complaints were received in the past 12 months relating to noise break out from the premises, neither of which related to noise arising from entertainment.
3.13 The applicant and/or their representatives will be available at your meeting should you choose to hear from them or have any queries in relation to the application.
3.14 Financial and Resource Implications
Officers carry out during performance inspections on premises providing entertainment which is catered for within existing budgets.
3.15 Equality or Good Relations Implications/Rural Needs Assessment
There are no issues associated with this report.”
The Building Control Manager provided an overview of the application. He highlighted that, if the Licence was approved, the special conditions under 3.5 of the report would be attached to the Outdoor Entertainments Licence.
After discussion, it was
Moved by Councillor Hussey,
Seconded by Councillor Magee and
Resolved – That the Committee agrees, in its capacity as Licensing Authority, to approve the application for the grant of a Seven-Day Annual Outdoor Entertainments Licence for the Wellington Park Hotel, Malone Road, with entertainment being permitted to take place on Monday to Saturday between the hours of 11.30 a.m. and 11.00 p.m. and Sunday between the hours of 12.30 p.m. and 10.00 p.m., subject to the conditions outlined in the report.