Agenda and minutes

            Apologies were reported on behalf of Councillors Lyons and Smyth.

            The minutes of the meeting of 12th April were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 2nd May, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor McCabe declared an interest in item 2.f) in that she was employed by Féile an Phobail, Councillor McCabe declared an interest in item 2.f) in that she was employed by Féile an Phobail, and left the meeting whilst the item was being considered.

and left the meeting whilst the item was being considered.

At the request of the Chairperson, the Committee agreed that further meetings of the Committee commence at 5.15 p.m. instead of 5.00 p.m.

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 Committee agreed to consider these two items simultaneously.)

            The HMO Unit Manager outlined the reports to consider applications for two Licences permitting the use of premises as a House in Multiple Occupation (HMO) at Flat 1 and Flat 2, 6 Sandhurst Road, Belfast, BT7 1PW.

            He reminded the Committee that, at its meeting in April 2023, it had acceded to a request from the applicant’s legal representative to defer consideration of this applications until a future meeting to provide them with additional time to consider the Committee report and take instruction from their client. Officers subsequently applied to the county court to allow the Council additional time to consider the application which the court granted until 10th July, 2023.

            He advised that suitability of living accommodation for multiple occupation, in determining whether living accommodation was suitable for occupation as an HMO, the Council must have regard amongst other things to:

(a) the accommodation's location;

(b) the type and number of persons likely to occupy it;

(c) the safety and security of persons likely to occupy it; and

(d) the possibility of undue public nuisance.

            He highlighted the Notice of Proposed Decision stated that the Council proposed to refuse the licence on the basis that it was not satisfied the living accommodation was suitable for use as an HMO pursuant to section 8(2)(e) and section 13 of the 2016 Act and a statement of reasons for the proposal was included in the Notice of Proposed Decision.

            He advised that the accommodation of the two flats was in HMO Policy Area HMO 2/22 Botanic, Holylands, Botanic. The properties were situated in a primarily residential area, however, the adjacent property at “Lilac House” 4 Sandhurst Road was the independent living and advice centre of the charity Autonomie, which worked with young people (16-30 years) with a physical and/or mild to moderate learning disabilities. He stated that Autonomie also offered vital practical and emotional support to families raising a child or young person with disabilities. He advised that Fitzroy Court was located at the junction of Fitzroy Avenue and Sandhurst Road, which was a block of 25 retirement flats operated by Choice Housing. The boundary of Fitzroy Court was approximately 20m diagonally opposite 6 Sandhurst Road.

            The HMO Unit Manager advised that Officers had consulted with the Police Service for Northern Ireland (“PSNI”) and had received information regarding the calls they had received to the accommodation, including the number and types of incidents.

            He advised that, on 21st June, the Council had received further information from the applicant’s solicitor which included:

·        A letter of support from the Probation Board Northern Ireland for the renewal of Licence at Queen’s Quarter Hostel IV Unit, to allow for their continued service delivery;

·        Service User rules for Queen’s Quarter Housing;

·        Licence agreements to occupy temporary accommodation for Queen’s Quarter Housing; and

·        Queens Quarter Housing Warnings and Exclusion Policy and Referral Procedure.

            He raised concerns in relation to the new information which had been received and  ...  view the full minutes text for item 5b

The Committee noted a list of applications which had, since its last meeting, been approved under the Council’s Scheme of Delegation.

            The Director of Planning and Building Control outlined the application to provide musical entertainment in the form of live music, within an outdoor area at the Hotel’s main building. She advised that the Hotel had an existing Indoor Entertainments Licence.

            She advised that the days and hours during which entertainment may be provided under the terms of the Indoor Entertainments Licence were:

·        Monday to Saturday 11.30am to 01.00am, and

·        Sunday 12.30pm to 01.00am.

            The applicant had proposed to provide entertainment within the new outdoor area to 11.00pm. The day and hours proposed were:

·        Monday to Sunday: 12:00 pm to 11.00pm

            The Director confirmed that no written representation had been received in relation to the application and that the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland had not objected.

            The Committee approved the application for the grant of the 7-Day Annual Outdoor Entertainments Licence - Monday to Sunday: 12:00 pm to 11.00pm.

The Director of Planning and Building Control provided an overview of the following report:

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider a request from the organisers of Féile an Phobail to hold a festival event within Falls Park, running from Saturday 5 August to Sunday 13 August 2022, and to permit the entertainment planned to run beyond 11.00 pm on up to 6 occasions.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received you are required to consider the request to extend the hours of entertainment and, subject to all technical requirements being met, either:

1.      Agree if any or all 6 of the events should be permitted to take place beyond the standard hours of licence to 1.00 am; or

2.      Refuse to extend any or all of the hours as requested.

3.0       Main report

            Key Issues

3.1       Members are advised that a 7-Day Annual Outdoor Entertainments Licence and a 7-Day Annual Indoor Licence for a Marquee has been granted for Falls Park and both have been used to hold events in the past, primarily for this event.  The Licences are held by the City and Neighbourhood Services Department and are transferred to the organisers for the duration of their event.

3.2       The days and hours during which entertainment may be provided both outdoors and, in a marquee, are Monday to Sunday from 11.30 am to 11.00 pm.

3.3       In addition, the following Special Conditions are attached to both the Marquee and 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 pm must be considered by the Licensing Committee and therefore must be made at least 3 months in advance of the proposed event.

·        Should an application to provide entertainment beyond 11.00 pm 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       The programme of events at the festival continues to be developed.  At this time, the organisers have indicated that events are scheduled for 5th, 8th 10th, 11th and 13th August.  Additionally, while final confirmation of an act is pending, the organisers have indicated that their request to operate beyond 11.00pm include Saturday 12th August. 

3.5       The Strategic Policy and Resources Committee, at their meeting on 21st April 2023, considered applications associated with the Summer Community diversionary festivals programme.  The report was  ...  view the full minutes text for item 5f

The Director of Planning and Building Control advised the Committee that a late objection had been received in relation to the application for the grant of a 7-Day

Annual Outdoor Entertainments Licence for Tipsy Bird (attached as Appendix 3).

            She confirmed that, following the objection, both parties had agreed to communicate to try and resolve the issues, however, a resolution had not been agreed.

            The Committee approved the consideration of the objection against the application which had been received outside the 28-day statutory period and to give the objector and the applicant an opportunity of appearing before the Committee at a subsequent meeting.

The Director of Planning and Building Control provided an overview of the following report:

“1.0      Purpose of Report or Summary of Main Issues

1.1       To consider an application for the Renewal of a 6-Day Annual Indoor Entertainments Licence for the Shaftesbury Bowling and Recreation Centre based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2

1.3       A location map of the premises is attached as Appendix 1.

1.4       The application for renewal of the licence was received on 22 December 2022.  In advance of the application being received, representations to the renewal of the licence were received from 2 objectors.

1.5       Further communication was then received from the objectors within the 28-day period confirming they still wished to object to the application.

2.0       Recommendations

2.1       Considering the information presented and representations received in respect of the application you are required to make a decision to either:

1.      Approve the application for the Renewal of the 6-Day Annual Entertainments Licence, or

2.      Approve the application for the Renewal of the 6-Day Annual Entertainments Licence with special conditions, or

3.      Refuse the application for the Renewal of the 6-Day Annual 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.

2.3       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       Two objections have been received from residents living near the Club. The nature of their objections relates to the following:

·        Ongoing loud music every Tuesday evening.

3.2       Copies of these objections are attached as Appendix 2.

            Liaison meetings

3.3       Following receipt of the objections the Service facilitated a liaison meeting between all parties involved to discuss residents’ issues and attempt to resolve them.

3.4       Both objectors, Members of the Club Committee and an Officer from the Service met at the Club to discuss resident’s concerns on 11 November 2022.

3.5       Following discussions, the Club Committee advised they implemented arrangements in relation to noise as requested by residents. However, the residents advise they still wish to pursue their objections.

3.6       As required by the Committee Protocol the applicant and each of the objectors were requested to provide their representation in advance of the meeting for consideration.

            Objectors Representation

3.7       The objectors Representation Forms are attached as Appendix 3 and they have been provided to the applicant, as required by the protocol. In general, the representations relate to concerns as follows:

·        Ongoing loud music every Tuesday evening.

3.8       The residents have been invited to attend your meeting to discuss any matters relating to their  ...  view the full minutes text for item 5h

(The Committee agreed to consider these two items simultaneously.)

            The Committee was reminded that, at its meetings in November 2022, December 2022 and April 2023, it had considered the review of the two aforementioned Temporary Pavement Café Licences in Fountain Street.

            It was reported that DfI-Roads had notified the Council that, in their view, the Temporary Pavement Cafés needed to be removed or relocated to facilitate the safe movement of traffic in Fountain Street following its reopening to vehicular traffic.

            The Committee was also reminded that, at its meeting in April 2023, the Committee had again agreed to defer consideration of the request from the Department for Infrastructure to revoke the original Temporary Pavement Café Licences for Voodoo and City Picnic.

            The Senior Licensing Officer provided a presentation of the background and current Pavement Café arrangements at Castle Street/Fountain Street

After discussion, the Committee agreed to again defer consideration of the request from the Department for Infrastructure to revoke the original Temporary Pavement Café for Voodoo and City Picnic to enable the Committee to undertake a site visit to the Castle Street/Fountain Street area to familiarise itself with all of the relevant issues.

It agreed also that the owner of the businesses and representatives of the Department for Infrastructure be invited to attend.