Agenda and minutes

No apologies were reported.

            The minutes of the meeting of 15th September were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 4th October, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor McCullough declared an interest in relation to item 2c – Application for the Grant of a Seven-Day Annual Outdoor Entertainments Licence – Northwood Linear Park, on the basis that he had held discussions with the organiser of the event, and left the meeting whilst the application was being considered.

            Councillors McCabe and Mulholland declared an interest in relation to item 3a - Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021, in that they each worked for an organisation which, on occasions, applied for a liquor licence and left the meeting for the duration of the discussion.

            The information contained in the report associated with the following item is restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014

      Resolved – That the Committee agrees to exclude the members of the Press and public from the meeting during discussion of the following item as, due to the nature of the item, there would be a disclosure of exempt information, as described in Section 42(4) and Section 6 of the Local Government Act (Northern Ireland) 2014.

            The Divisional Solicitor informed the Committee that Council officers had been made aware of a recent judicial review of a planning decision which had been taken by another council. Whilst the Judgement had yet to be formally published, it was felt that it should be brought to the attention of Members, as the judge had made a number of findings which would impact upon decisions taken by the Committee for this and future meetings.  

She confirmed that a report would, on 22nd October, be presented to the Strategic Policy and Resources Committee seeking approval, firstly, to suspend those parts of the Operating Protocols for the Licensing and Planning Committee which prohibited Members from taking part whilst a decision was being made, insofar as it related to non-attendance, and, secondly, to delete/replace those Standing Orders relating to the call-in of decisions taken by the Licensing and Planning Committees.

She pointed out that officers were engaging with their counterparts in the Department for Communities to explore how the issues identified by the Judgement could be resolved and that a further report would be presented to the Committee in due course.

Accordingly, she recommended that the Committee:

                                     i.          note the information which had been provided;

                                    ii.          note that the call-in process would apply to decisions taken by the Committee from this meeting onwards; and

                                   iii.          agree that it was a matter for Members to decide whether to take part whilst a decision was being made, if they had not attended a previous meeting where the application had been discussed, notwithstanding the provisions of the Operating Protocol.

The Committee adopted the recommendations.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of a Seven-Day Annual Outdoor Entertainments Licence, based on the Council’s standard conditions to provide outdoor musical entertainment.

1.2       A location map has been circulated to Members.

1.3       Members are reminded that all applications for the grant of Outdoor Entertainments Licences must be brought before the Committee for consideration.

2.0       Recommendations

2.1       Taking into account the information presented and any representations made in respect of the application the Committee is required to make a decision to either:

(a)   approve the application for the grant of the Seven-Day Annual Outdoor Entertainments Licence, or

(b)   approve the application for the grant with special conditions, or

(c)   refuse the application for the grant of the Seven-Day Annual Outdoor Entertainments Licence.

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

            Key Issues

3.1       The applicant has applied to provide entertainment within the outdoor area adjacent to the main building known as the Banana Block. The area will serve the Banana Block building, which is also subject to an application for Indoor Entertainment.  If the Committee is minded togrant the Outdoor Entertainments Licence, it will not be issued until such time as the Indoor Entertainments Licence is granted. The applicant has indicated that the outdoor area will only be used for entertainment when entertainment is provided within the indoor space.

3.2       The standard days and hours for an Outdoor Entertainments Licence are:

·        Monday to Sunday:   11.30 a.m. to 11.00 p.m.

3.3       In addition, the following Special Conditions are usually attached to Outdoor Licences:

1.     Maximum numbers will be agreed at the discretion of the Building Control Service and will vary depending upon individual event set up proposals.

2.     Prior to any event taking place the promoters are required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints, which has been agreed in advance with the Council.

3.     Any requests to provide entertainment later than 11.00 p.m. must be considered by the Licensing Committee and therefore must be made at least 3 months in advance of the proposed event.

4.     Should an application to provide entertainment beyond 11.00 p.m. be granted and the Council then receive a significant number of complaints regarding noise or the complaint is of such significant impact, authority is granted to the Director of Planning and Building Control, in consultation with the City Solicitor, to reduce the  ...  view the full minutes text for item 8a

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of a Seven-day Annual Outdoor Entertainments Licence in respect of Northwood Linear Park, based on the Council’s standard conditions to provide outdoor musical entertainment.

1.2       The dates of a forthcoming community event proposed to take place in the park are such that this is the only Committee meeting at which this matter can be considered.

1.3       A location map has been circulated to Members.

2.0       Recommendations

2.1       Taking into account the information presented and any representations made in respect of the application the Committee is required to make a decision to either:

a)     approve the application for the grant of the Seven-day annual Outdoor Entertainments, or

b)     approve the application for the grant with special conditions, or

c)     refuse the application for the grant of the Seven-Day Annual Outdoor Entertainments Licence.

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

            Key Issues

3.1       As for all licences associated with the Council’s parks, the applicant is Mr. Ryan Black, Director of Neighbourhood Services.

3.2       The standard days and hours for an Outdoor Entertainments Licence are:

·        Monday to Sunday:   11.30 a.m. to 11.00 p.m.

3.3       In addition, the following Special Conditions are attached to Outdoor Entertainments Licences:

·        Maximum numbers will be agreed at the discretion of the Building Control Service and will vary depending upon individual concert set up proposals.

·        Prior to any event taking place the promoters are required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints, which has been agreed in advance with the Council.

·        Any requests to provide entertainment later than 11.00 p.m. must be considered by the Licensing Committee and therefore must be made at least three  months in advance of the proposed event.

·        Should an application to provide entertainment beyond 11.00 p.m. be granted and the Council then receive a significant number of complaints regarding noise or the complaint is of such significant impact, authority is granted to the Director of Planning and Building Control, in consultation with the City Solicitor, to reduce the finishing time for any subsequent nights of the event, in which case the promoter will be required to make contingency arrangements.

3.4       Members are reminded that all applications for the grant of Outdoor Entertainments Licences are subject to consideration by the Committee.

            Dockside Festival

3.5       At the Council meeting in July 2021,  ...  view the full minutes text for item 9.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1            To consider whether to accept a late objection to an application for the grant of a Seven-Day Annual Entertainments Licence for Common Market.

1.2             Premises and Location      Ref. No                Applicant

1.3       The application was received on 9th July 2021. Subsequently, an objection was received outside the 28-day statutory period on 17th September, 2021.

1.4       Should the Committee be minded to accept the late objection, it is then required to consider the application for the grant of a Seven-Day Annual Indoor Entertainments Licence.

1.5       A location map has been circulated to the Committee.

2.0       Recommendations

2.1       As the objection against the application was received outside the 28-day statutory period the Committee is required to determine if it wishes to exercise its discretion to consider it.

2.2       If the Committee decides not to take the objection into account, then the grant application will be dealt with under the Scheme of Delegation.

2.3       Should it exercise its discretion, it is required to receive the person who made the representation, the applicant, and/or their representatives and, after having received their submissions, make a recommendation regarding the application. Both the applicant and the objector will be present should you decide to consider the objection.

2.4       Thereafter, taking into account the information presented and any representations received the Committee is required to consider the application and to either:

1.     approve the application for the grant of Seven-Day Annual Indoor Entertainments Licence, or

2.     approve the application for the grant of Seven-Day Annual Indoor Entertainments Licence with Special Conditions, or

3.     refuse the application for the grant of Seven-Day Annual Indoor Entertainments Licence.

2.5       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.

2.6       If the application is refused and an appeal is lodged, entertainment may not be provided during the appeal period.

3.0       Main Report

            Key Issues

3.1       The applicant, Ms Alana Fox of Carlisle Inns Ltd., has applied for the grant of a Seven-Day Annual Indoor Entertainments Licence, based on the Council’s standard conditions to provide indoor music, singing, dancing or any other entertainment of a like kind.

3.2       Common Market is located in the former Arnott’s Fruit Market building and Ms Fox is also the licensee for the building adjacent to Common Market, 39 Gordon Street and Lux, 2-16 Dunbar Street.

3.3       Mr Lawrence Bannon, who is a consultant and advisor to Carlisle Inns Ltd., has been liaising directly with the Service in relation to the application.

3.4       The Committee is reminded that, at the meeting on 18th January 2017, it considered a report regarding representations received outside the 28-day statutory  ...  view the full minutes text for item 10.

            The Committee noted a list of licences for Houses in Multiple Occupation which had, since its last meeting, been issued under the Council’s Scheme of Delegation.

            The Divisional Solicitor drew the Committee’s attention to additional representation relating to the above-mentioned application which had been submitted earlier in the day by the applicant’s legal representative and been circulated to Members. She recommended that the Committee agree to defer the application until its meeting in November to enable officers to review and formally respond to the representation and to allow for it to be included within the Committee report, if deemed to be material to the application.  

            The Committee adopted the recommendation. 

            The HMO Unit Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the renewal of a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

1.2       Members are reminded that licences are issued for a 5-year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions. 

            Background

1.3       Following the public notice of the application, objections were received in relation to alleged noise nuisance and anti-social behaviour taking place at the property.

1.4       As valid objections have been received, the application must be considered by the Committee which must, after hearing from the objectors and the applicant, decide whether to grant the renewal application.

2.0       Recommendations

2.1       Taking into account the information presented, the Committee is asked to hear from the applicant and make a decision to either:

                                          (i)           grant the application, with or without any special conditions; or

                                        (ii)           refuse the application.

2.2       If the application is refused, the applicant has a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision. The licence will remain in place pending the appeal. 

3.0       Main Report

            Key Issues

3.1       Pursuant to the 2016 Act, the Council may only grant a licence if it is satisfied that:

a)     the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

b)     the owner, and any managing agent of it, are fit and proper persons;

c)     the proposed management arrangements are satisfactory);

d)     the granting of the licence will not result in overprovision of HMOs in the locality;

e)     the living accommodation is fit for human habitation and—

f)      is suitable for occupation as an HMO by the number of persons to be specified in the licence, or

g)     can be made so suitable by including conditions in the licence.

3.2       However, where the application is for renewal, the Council cannot take into account whether the use is a breach of planning control or would result in overprovision.

            Objections

3.3       Following publication of notice of the application, a number objections were received. A copy of the objections have been circulated.  The issues raised are as follows:

a)     Over provision of HMOs in this area, leading to densification of the neighbourhood and reducing living quality;

b)     Existing household waste arrangements are not sufficient for the existing population;

c)     Insufficient sound proofing of properties;

d)     Alleged nuisance complaints and anti-social behaviour attributed to the subject property.

3.4       Points a), b) and c) are not specific to the premises and, as this is a renewal application, the legislation prohibits the Council from taking into account issues around overprovision. 

3.5       When considering the fitness of an applicant the Council must have regard to convictions in  ...  view the full minutes text for item 13.

            The Committee agreed to defer until a special meeting a report providing an update on recent changes to the liquor licencing laws in Northern Ireland, by virtue of the Licensing and Registration of Clubs (Amendment) Act (NI) 2021, which had received Royal Assent on 26th August, and inviting the Committee to establish a position in relation to any objections which the Council might wish to lodge.

            The Committee agreed also that, in the interim, applications which had been notified to the Council would, pursuant to paragraph 3.7.9 of the Council’s Scheme of Delegation,  be dealt with under delegated authority, thereby permitting the Strategic Director of Place and Economy, in consultation with the City Solicitor, to lodge objections to notices of applications received under liquor licensing legislation.