The Committee considered the following application:
“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 and for permission to provide entertainment after 11.00 pm in respect of Pug Uglys based on the Council’s standard conditions to provide outdoor musical entertainment.
Area and Location
Car park to the rear of 29 Bedford Street
Mr Paul Langsford
Bedford Taverns Limited,
21 Bedford Street,
1.2 A location map is available on the Council’s Website.
1.3 Members are reminded that all applications for the grant of Outdoor Entertainments Licences must be brought before Committee for consideration.
2.1 The Committee is requested, having heard from the applicant,to:
a) Approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment to the hours after 11.00 pm requested, or
b) Approve the application for the grant with special conditions, or
c) Refuse the application for the grant of the 7-Day Annual Outdoor Entertainments Licence and for permission to provide entertainment after 11.00 pm.
2.2 If an 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. In the case that the applicant subsequently decides to appeal, outdoor entertainment may not be provided until any such appeal is determined.
3.0 Main Report
3.1 The applicant has applied to provide outdoor entertainment within a carpark to the rear of 29 Bedford Street.
3.2 The applicant has also proposed to provide entertainment within the new outdoor area beyond 11.00pm. The day and hours proposed are:
· Monday to Saturday: 12.00pm to 01.00am the following morning, and
· Sunday: 12.30pm to midnight
3.3 Members are reminded that applications to provide outdoor entertainment beyond 11.00pm are subject to consideration by Committee.
3.4 The days and hours during which entertainment may be provided under the terms of the indoor Entertainments Licence are:
· Monday to Saturday 11.30am to 3.00am, and
· Sunday 12.30pm to 3.00am.
3.5 The applicant proposes to provide entertainment within the new outdoor area in the form of DJs and live bands. Due to restrictions on licensed premises arising from Covid 19 the outdoor area will be used to increase capacity for the venue whilst adhering to social distancing requirements.
3.6 Layout plans of the new outdoor area are available on the Council’s Website.
3.7 Public notice of the application has been placed and no written representation has been lodged as a result of the advertisement.
3.8 The Police Service of Northern Ireland has been consulted and has confirmed that they have no objection to the application. A copy of their response are available on the Council’s Website.
3.9 The Northern Ireland Fire and Rescue Service have been consulted in relation to the outdoor application. We are currently awaiting their comments on the proposals.
Health, safety and welfare
3.10 The outdoor area (to be known as the Bone Yard) has been designed to allow patrons to socially distance. The applicant has created an event management plan outlining how the area will be managed to ensure the health and safety of their patrons and staff. Included within this are policies on customer social distancing, staff social distancing, PPE, hand washing and waiter service.
3.11 The Building Control Service has provided a copy of the applicant’s proposals to mitigate the spread of COVID-19 to the Health and Safety section of City and Neighbourhood Services for their consideration.
3.12 The site has been inspected during the build of the event space and following its completion. No health and safety concerns were found to exist.
3.13 No noise complaints have been received in relation to the premises in the last 12 month period.
3.14 The applicant has been requested to provide the Service with an acoustic report for the outdoor area. This is being developed and will be provided to our Environmental Protection Unit (EPU) for evaluation.
3.15 Members are reminded that the Clean Neighbourhood And Environment Act 2011 gives the council additional powers in relation to the control of entertainment noise after 11.00 pm.
3.16 The applicant, and/or their representatives, will be available at your meeting to answer any queries you may have in relation to the application.
A supplementary letter from the applicant outlining their reasons for applying for an outdoor licence is available on the Council’s Website.
Financial and Resource Implications
Equality or Good Relations Implications/
Rural Needs Assessment
3.18 There are no issues associated with this report.”
The Building Control Manager advised that, since the report had been published, an Acoustic Report had been received and sent to the Environmental Protection Unit for consideration. He also advised that the NIFRS have confirmed they had no objection to the application.
The Committee received a representation from the applicant Mr. P. Langsford. He explained that the requirement to provide outdoor entertainment within a carpark to the rear of 29 Bedford Street was due to the impact of Covid-19 on the business and it was not viable to open the premises with only the inside space in use. He highlighted that the lease had been agreed with the landlord in the short-term and an investment had been made to develop the car park. He stated that an Entertainments Licence was required to ensure staff were retained and remained off furlough, to compete with other city centre venues, together with providing entertainment for local and tourist customers. In response to a comment made by a Member, he clarified that he was no longer involved with Filthy McNastys Bar, but reported that it also had an outdoor Entertainment’s License for its beer garden.
During Members questions in relation to noise levels impacting residential amenities, the Building Control Manager confirmed that the applicant’s Acoustic Report stated that the music would be monitored and the appropriate levels set, and if there were complaints regarding noise disturbance, they could be adjusted as appropriate.
The Committee agreed to grant the Seven-Day Annual Outdoor Entertainments Licence for Pug Uglys, 21 Bedford Street, thereby permitting entertainment to take place from Monday to Saturday: 12.00 pm to 1.00 am the following morning, and Sunday: 12.30 pm to midnight, subject to the outcome of the Environmental Protection Unit’s assessment of the Acoustic Report and any recommendations arising being complied with.