Agenda and minutes

            Apologies for inability to attend were reported from Councillors F. McAteer and McCabe.

            The minutes of the meeting of 18th October were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 1st November, 2023, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

No declarations of interest were recorded.

            The Committee noted the following dates of the meetings of the Licensing Committee between January and December, 2024, with all meetings commencing at 5.15pm:

·        Wednesday, 17th January

·        Wednesday, 21st February

·        Wednesday, 20th March

·        Wednesday, 17th April

·        Wednesday, 15th May

·        Wednesday, 19th June

·        Wednesday, 21st August

·        Wednesday, 18th September

·        Wednesday, 16th October

·        Wednesday, 20th November; and

·        Wednesday, 11th December.

The Committee noted a list of applications for licences 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 October 2023.

The Houses in Multiple Occupation (HMO) Manager provided the Committee with the details of the application which had been received for a new licence to operate an HMO at the above address by Mr and Mrs Daly.

            He outlined that the property had the benefit of an HMO licence having been issued by the NI Housing Executive (NIHE) in the name of the joint applicants, which had expired on 12th November, 2022. The Committee was advised that, due to an administrative oversight, a reminder letter was not issued to the applicants informing them that their licence was about to expire.  On 10th July 2023 an application for a new licence application was received from Mr. D. Daly, which was subsequently rejected on 9th August, 2023, as the Council could not be satisfied that the occupation of the living accommodation as an HMO would not constitute a breach of planning control.  On 29th August, 2023, an HMO licence application was received from the joint owners 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.

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 24 August, 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 Applicants’ fitness.

No objections were received in relation to the application.

The Committee was advised that, with regards to Section 12(2) of the Houses in Multiple Occupation Act 2016, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “HMA 2/22 Botanic, Holylands, Rugby”, as defined in the Council’s Local Development Plan Strategy, which had been formally adopted on 2nd May, 2023.  Legal Services had advised that there was a clear requirement in section 8 of the Act for the Council to be  ...  view the full minutes text for item 4c