Agenda and minutes

            No apologies were reported.

          The minutes of the meeting of 16th August 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 September, 2023, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

Councillor Murray declared an interest in Item 2f, namely, Application for a New Licence to operate a House of Multiple Occupation for 55 Haypark Avenue, in that the Managing Agent was the landlord of a property in which he had been a former commercial tenant.  After seeking clarity from the City Solicitor, the Member confirmed that, as it had been over a year since he had had any association with the Agent, there was therefore no requirement for him to withdraw from the discussion.

            Councillor Anglin declared an interest in Item 2g, namely, Application for a New Licence to operate a House of Multiple Occupation for Apartment 2, 169 Stranmillis Road, in that the applicant might be known to her.  She therefore left the meeting for the duration of the discussion on that item and did not participate in the decision making process.

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Members are reminded that the Council, in June 2020, decided to introduce a temporary process for considering pavement café applications to assist the hospitality sector during the recovery following the Covid-19 pandemic lockdown.

1.2       The temporary pavement café licensing scheme has now been extended twice and will expire on 30 September 2023.

1.3       This report is presented to seek guidance on how to progress with pavement café licensing when the temporary process comes to an end.

2.0       Recommendations

2.1       Based on the information provided Members are asked to consider proposals that:

1.     The temporary scheme is extended until the 31 December 2023 to enable all consultation work to be completed and to report the findings back to Committee for consideration before that date.

2.     In principle, Members support the introduction of a permanent Pavement Café licensing scheme from 1 January 2024.

3.     A transition and implementation period of 3 months is introduced to allow existing licensed businesses to continue to operate until the grant of their permanent licence is determined and after which temporary licences will no longer be valid.

2.2       Members are advised that the Licensing Committee does not have delegated powers in relation to policy decisions concerning licensing matters and as such your recommendation will be subject to ratification by Council.

3.0       Background

3.1       The Licensing of Pavement Cafes Act (NI) 2014 (‘the Act’) came into operation on the 1 October 2016. However, the Council, along with a number of other councils, did not implement the legislation at that time as the Department for Infrastructure Roads had not, and still has not, issued their technical guidance for Councils in support of the Act.

3.2       That said, the Department for Infrastructure (DfI) has now evaluated and determined the appropriateness of 94 Temporary Pavement Café applications in Belfast, using their professional expertise and their own guidance documents.

            Temporary Licensing Process due to Covid 19

3.3       The Council, in June 2020, introduced a temporary process for considering pavement café applications.

3.4       The process was always intended to be a temporary process as Members will remember when businesses reopened after lockdown patrons were not allowed to be inside the premises due to social distancing restrictions.

3.5       This temporary process was considered as part of the solution to help business recovery but was originally to be for a period of one year. It gave the ability to businesses to start using the pavement café area whilst their licence application was being determined and statutory agencies were encouraged, by Government, to take a very liberal view when considering applications to allow hospitality businesses to reopen.

3.6       This liberal approach when considering applications meant permitting Pavement cafes that would not have been agreed in ‘normal’ circumstances. For example:

·        Much larger pavement café areas,

·        Pavement cafes being allowed to use the road,

·        DfI introducing ‘Parklets’ to be used as a pavement café area, and

·        DfI temporarily closing or restricting roads  ...  view the full minutes text for item 4a

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       To update members on the adoption of Belfast Local Development Plan, Plan Strategy on the 2 May 2023 ‘2023 Strategy’ and the associated implications for the approach to the assessment of concentrations of HMOs as previously set out in the Houses in Multiple Occupation (HMOs) Subject Plan for Belfast City Council Area 2015 ‘2015 Plan’.

1.2       How for the purposes of section 8(2)(d) and section 12 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ‘2016 Act’ when considering  overprovision of HMOs in the locality in which the living accommodation is situated, account will be taken of the 2023 Strategy.

2.0       Recommendations

2.1       Committee is asked to note the adoption of Belfast Local Development Plan (LDP)

3.0       Main report

            Key Issues

3.1       Belfast Local Development Plan, Plan Strategy was formally adopted on the 2 May 2023. The plan introduces Policy HOU10 – Housing Management Areas (HMAs)

3.2       The Housing Management Areas (HMAs) will be designated within the local policies plan. In advance of the local policies plan, policy HOU10 will be applied to the previously designated HMO policy areas outlined at designation HMO2 of the 2015 Plan.

3.3       HOU10 states - Within designated HMAs, planning permission will only be granted for Houses in Multiple Occupation (HMOs) and/or flats/apartments where the total number of HMOs and flats/apartments combined would not as a result exceed 20% of all dwelling units within an HMA.

3.4       HOU10 goes on to say - outside of designated HMAs planning permission will only be granted for HMOs where the number of HMOs would not as a result exceed 10% of all dwelling units on that road or street. Where such a street is in excess of 600 metres in length, the 10% threshold will be calculated on the basis of existing residential units within 300 metres of either side of the proposal on that street.

3.5       Pursuant to the Houses in Multiple Occupation Act (Northern Ireland) 2016, the Council may only grant a new HMO licence if it is satisfied that the granting of the licence will not result in overprovision of HMOs in the locality.

3.6       To ensure consistency as both a planning and licensing authority the HMAs as referenced in Policy HOU10 of the 2023 Strategy shall continue be used by the Council to define localities for the purposes of HMO licensing within the Council area.  

3.7       When considering whether the granting of a licence will result in overprovision in a locality the Council must have to regard to –

a)     The number and capacity of licensed HMOs in the locality,

b)     The need for housing accommodation in the locality and the extent to which HMO accommodation is required to meet that need, and

c)     Such other matters as the Department may by regulation specify.

3.8       To inform the Council in its consideration of the above provisions, officers will take account of the 2023 Strategy. It is recognised  ...  view the full minutes text for item 4b

The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       At its meeting of the 21 June 2023 whilst considering applications submitted by Queens Quarter Housing Limited for the granting of new HMO licences at Flats 1 & 2, 6 Sandhurst Road, Belfast, BT7 1PW this Committee agreed to defer consideration of the applications to enable officers to explore the strategic context of the issues which had been raised in relation to the applications, and the wider hostel accommodation in Belfast, and to present this information at a future meeting.

2.0       Recommendations

2.1       Committee is asked to note the content of this report regarding the need and dispersal of hostel accommodation in Belfast.

3.0       Main report

3.1       The Housing Executive as the regional housing authority became responsible for addressing homelessness in Northern Ireland in 1989. In 2010 a legislative duty was placed on them to formulate and publish a strategy for homelessness. 

            Ending Homelessness Together – Homelessness Strategy 2022-27

3.2       On 23rd March 2022 the Housing Executive published ‘Ending Homelessness Together – Homelessness Strategy 2022-27’. The vision of ‘Ending Homelessness Together’ reflects a continued need for the Housing Executive to work with its partners across the sector to address the varied and complex factors that lead to homelessness, many of which extend beyond the provision of accommodation.

3.3       In line with the Homelessness Strategy 2020 -27 the Housing Executive published a strategic action plan for temporary accommodation 2022 – 27 titled Ending Homelessness Together - Homeless to Home

3.4       The Housing Executive has published a Belfast Local Services Directory as part of the Ending Homelessness Together Strategy. The directory details Belfast based accommodation and related support services.

3.5       The action plan was developed in consultation with stakeholders with the goal of assessing how effectively the current temporary accommodation portfolio meets the needs of customers experiencing homelessness. The Housing Executive state that the needs of homeless customers have been changing; today’s homelessness issues are much different to those of 10 years ago, with customers presenting with increasingly complex health and support needs.

3.6       The Housing Executive is responsible for delivering the statutory homeless accommodation duties which is provided to households who are legally homeless, until a more permanent housing solution can be secured. It is also provided to households whose homelessness application is undergoing assessment and who are believed to be homeless and in priority need.

3.7       The Housing Executive state that there are five main types of temporary accommodation in operation as detailed -

            Hostels

3.8       Hostels in Northern Ireland come in a range of types and sizes with significant variation in the levels of support provided. They are funded by Supporting People and managed largely by voluntary sector providers.

            Single lets

3.9       Single lets are furnished private sector dwellings managed by landlords or managing agents to accommodate homeless households on a temporary basis. Referrals are from the Housing Executive alone.

            Housing Executive temporary accommodation

3.10     The Housing Executive provides some furnished temporary  ...  view the full minutes text for item 4c

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

            The Committee noted a list of applications which had been approved under the Council’s Scheme of Delegation during June, July and August.

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

            The Chairperson reminded the Committee that it had initially considered the applications from Queens Quarter Housing (QQH, the applicant) at its meeting on 21st June, 2023, where it had agreed to defer their consideration in order to enable officers to explore the strategic context of the issues which had been raised in relation to the applications and the wider Hostel accommodation in Belfast.

            The Houses in Multiple Occupation Manager reminded the Committee of the report which he had presented earlier in the meeting regarding hostel accommodation in the City and the relationship to HMO licensing.

            The Committee was reminded that, prior to the meeting on 21st June, numerous items had been submitted by the legal representative of the applicant and officers had raised several concerns relating to those documents at the meeting.

Firstly, the Committee was advised that QQH Referral Policy and Procedure stated:

 “QQH can accommodate up to four individuals who have an arson conviction. This agreement has been made following discussion with stakeholders and consultation with risk assessment consultant Willis Ltd. For risk management and insurance purposes, QQH ensure placements are available for these individuals in staffed accommodation”.

It was reported that the fire risk assessment, encompassing Flats 1, 2 and 3, 6 Sandhurst Road, submitted with the HMO licence application, dated 12th October, 2022, made no reference to individuals with arson convictions being housed in the accommodation.

The Houses in Multiple Occupation Manager explained that officers had written to the applicant on 26th June, 2023 stating that the fire risk assessment submitted as part of the application did not include any reference to the possibility of the accommodation housing persons with prior arson convictions and, as such, the Council was no longer satisfied as to the suitability of the fire risk assessments submitted and that new assessments, taking into account all material factors, would be required as an urgent priority.  Furthermore, due to the vulnerability of the other users within the accommodation which the applicant’s legal team had highlighted as part of their presentation to the Committee, the Council required personal emergency evacuation plans (PEEPs) for each of the occupants in residence.

            The Committee was advised that the Council, as the licensing authority, had not been consulted in relation to the accommodation potentially being occupied by persons with arson convictions and had also requested a copy of the consultation document or risk assessment produced by Willis Limited.

It was reported that, on 18th July, 2023, officers from the NIHMO Unit and the NI Fire and Rescue Service (NIFRS) had undertaken a joint inspection of the accommodation. The Committee was advised that verbal reassurances were provided by the applicant during the inspection that the accommodation was not occupied by persons with arson convictions and, although some deficiencies were noted and forwarded to the applicant for actioning, the NIFRS confirmed the outcome of the audit was “broadly compliant”.

The Houses in Multiple Occupation Manager pointed  ...  view the full minutes text for item 5d

            The City Solicitor advised the Members that the applicant’s husband, Mr. P. Doyle, who was in attendance to address the Committee, was an employee of the Council.

The Committee was apprised of the details of the application.  The Houses in Multiple Occupation Manager explained that the property had the benefit of an HMO licence issued by the Housing Executive in the name of the of the previous owner, who was the son of the applicant.  On 7th June, 2021, the ownership of the accommodation transferred to his mother, Mrs. S. Doyle, and in accordance with section 28(2) of the Houses in Multiple Occupation Act the existing licence ceased to have effect on that date.

On 13th January, 2023, an application for a Temporary Exemption Notice “TEN” was received and subsequently approved on the 19th January, 2023, an extension to the TEN was approvedon 19th April, 2023 which expired on19th June, 2023. No further extension to the TEN waspermitted under the 2016 Act.

On 6th June, 2023, an HMO licence application was received from the owner of the accommodation. If the new owner had applied for a licence before the change of ownership had taken place, the licence which had already been in effect in respect of the HMO would have been treated as being held by the new owner until such times as their application had been determined.

TheHouses in Multiple Occupation Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was 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, were fit and proper persons;

c)     the proposed management arrangements were satisfactory);

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

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

                                              i.         was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                            ii.         could be made so suitable by including conditions in the licence.

The Committee was advised that, as it was a new application, the Council’s Planning Service was consulted. It had confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) was granted on 19 May 2023.

It was reported that the NIHMO Unit had consulted with Environmental Protection Unit in relation to nighttime and daytimenoise; Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.  It was also confirmed that officers were not aware of any other issues relevant to the Applicant’s fitness.

No objections were received in relation to the application.

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the  ...  view the full minutes text for item 5e

TheHouses in Multiple Occupation Manager advised the Committee that the decision was not subject to call-in, as the call-in period would exceed the time limit for determining the application pursuant to Schedule 2, paragraph 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016.

He explained that the property had the benefit of an HMO licence which had been issued by the Housing Executive in the name of the of the current owner, which had expired on 3rd September, 2022.

The Members were advised that, on 17th August, 2022, an application to renew the licence had been received from the owner of the accommodation, which, on 6th September, 2022, was rejected as the applicant had failed to publish notice of the application in one or more newspapers circulating in the locality of the HMO in accordance with Regulation 2 of The Houses in Multiple Occupation (Notice of Application) Regulations (Northern Ireland) 2019 or provide the Council with a copy of the notice.  A reminder of the requirement had been sent to the owner on 23rd August 2022.

On 13th September, 2022, an application for a Temporary Exemption Notice “TEN” had been received and was subsequently approved on the same day, an extension to the TEN was approvedon 8th December, 2022, which expired on 8th March, 2023. No further extensions to theTEN were permitted under the 2016 Act.  On 13th June, 2023, an HMO licence application was received from the owner of the accommodation.

TheHouses in Multiple Occupation Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was 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, were fit and proper persons;

c)     the proposed management arrangements were satisfactory);

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

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

                                                   i.          was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                 ii.          could be made so suitable by including conditions in the licence.

He confirmed to the Committee, that, as it was a new application, the Council’s Planning Service was consulted.  It had confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) had been granted on 3rd April, 2023.

It was reported that the NIHMO Unit had consulted with Environmental Protection Unit in relation to nighttime and daytimenoise; Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.  The Applicant and Managing Agent had also confirmed that they had not been convicted of any relevant offences.

No objections  ...  view the full minutes text for item 5f

            (Councillor Anglin, having declared an interest in the item, did not participate in the discussion and left the meeting at this point)

            The Houses in Multiple Occupation Manager provided the Committee with the details of the application.  He explained that the property had had the benefit of an HMO licence having been issued by the NI Housing Executive in the nameof the of the previous owner, a relative of the applicant.  However, on 18th June, 2020, the ownership of the accommodation transferred to Mr. A. Watkinsand, in accordance with section 28(2) of the Houses in Multiple Occupation Act, the existinglicence ceased to have effect on that date.

On 6th June, 2023, an HMO licence application was received from the owner of the accommodation.  The Committee was advised that, had the new owner applied for a licence before the change of ownership had taken place, the licence which had already been in effect in respect of the HMO would have been treated as being held by the new owner until such time as their application had have been determined.

TheHouses in Multiple Occupation Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was 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, were fit and proper persons;

c)     the proposed management arrangements were satisfactory);

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

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

                                                   i.          was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                 ii.          could be made so suitable by including conditions in the licence.

He confirmed to the Committee, that, as it was a new application, the Council’s Planning Service was consulted.  It had confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) had been granted on 16th March, 2021.

It was reported that the NIHMO Unit had consulted with Environmental Protection Unit in relation to daytimenoise; Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years. 

The Committee was advised that one noise warning notice had been issued, relating to nighttime noise at the property, on 20th August 2023.  Officers were not aware of any issues relevant to the Applicant’s fitness.

No objections were received in relation to this application.

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/17 Sandymount”, as defined in the Council’s Local Development Plan Strategy, which had been formally adopted on 2nd  ...  view the full minutes text for item 5g