Agenda item

            The Building Control Manager advised that, in relation to the aforementioned renewal application received on 25th October, subsequently, 20 objections to the renewal application had been received and all of the objections had been received outside of the 28-day statutory period.

            He explained that, as the objections against the application were received outside the 28-day statutory period, the Committee was required to determine if it wished to exercise its discretion to consider them and, if so, give the objectors and the applicant an opportunity of addressing the Committee.

            He reminded the Committee that, at its meeting on 18th January 2017, it had adopted the following criteria when considering late objections received outside the 28-day statutory period:

1.      Had a reasonable explanation been provided, in writing, by the objector as to why their representation had not been made within the 28-day period;

2.      Does the representation provide substantially different additional information to that already contained within representations that have been received within the 28-day period;

3.      How far outside the 28-day period were the representations received;

4.      The proximity of the objectors to the premises;

5.      The number of other representations received outside the 28-day period; and

6.      Whether there were any other material considerations which would warrant consideration of the objection.

            He explained that, arising from criteria outlined above, the Service had received correspondence from 6 of the objectors outlining the reasons for their late objection (5 outlined in the report and an additional objection tabled at the meeting). He highlighted that, after the agenda had been published, an objection had also been received from Councillor Groogan.

            With the permission of the Chairperson, Councillor Groogan addressed the Committee and provided an overview of her objection to the application. She implied that many of the objectors had not realised that the application had been advertised or the deadline for submission of objections had passed. She stated that the area had been recently designated as a Special Action Area under community planning to assist in its regeneration. She suggested that the Committee should allow the objectors to discuss their concerns at a future Committee. 

            During discussion, the Committee raised concerns in relation to the lack of public notification of the newspaper advertisements and highlighted that, of the 20 objections which had been received, all had raised similar issues for consideration such as concerns about loud entertainment music, and other matters of public nuisance. The Committee discussed further the need to accept the reasons for the late objections and that the issues raised regarding the process should be escalated to the Minister for Communities and with Senior Management.

            The Building Control Manager explained that the legislation regarding the public notice advertisement requirements of Entertainments Licensing Applications and advised that the concerns in relation to the requirement of advertising in only one newspaper had been raised with the Department for Communities before. It had previously been suggested that the legislation be changed to enable the Council to publish applications received online. He also advised that in the absence of a legislative change that the Service could notify Members by area of any applications that were received.

            After discussion, the Committee agreed to exercise its discretion and consider the 6 late objections to allow the objectors and the applicant to address the Committee at a future meeting. The Committee noted that, at such meeting, after it had received the deputations, it would be required to consider and make a recommendation regarding the application.

            The Committee also agreed to write to the Minister for Communities to highlight the necessity to review the current legislation regarding the public notice advertisement requirements of Entertainments Licensing Applications.