Agenda and minutes

            No apologies were reported.

            The minutes of the meeting of 13th December 2023 were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 8th January, 2024, 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 a list of applications which had been approved under the Council’s Scheme of Delegation during December 2023.

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 considered the undernoted report:

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider an application for the variation of a 7-Day Annual Outdoor Entertainments Licence based on the Council’s standard conditions, to provide outdoor musical entertainment for:

1.2       A location map is attached as Appendix 1

2.0       Recommendations

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

a)     Approve the application for the variation of the 7-Day Annual Outdoor Entertainments Licence in the proposed area as requested, or

b)     Approve the application for the variation with special conditions, or

c)     Refuse the application for the variation of the 7-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       Members are reminded that, at your meeting on 16 August 2023, due to concerns raised by Translink you agreed to approve the application for the grant of the 7-Day Annual Entertainments Licence for the Tipsy Bird, subject to terms and conditions in relation to the management of sound.

3.2       The following special conditions relating to noise were attached to the outdoor licence:-

1.      Entertainment provided to the outdoor area must be no greater than 75dBLAeq at 1m from the loudspeaker.

2.      Licensee to maintain a noise monitoring logbook to ensure compliance with the agreed music noise level and keep a regular check on volume levels at noise sensitive facades.

3.      Music must be provided through the in-house sound system.

4.      Provide good management practice to ensure that no excessive noise levels are generated from patrons in the beer garden.

5.      If noise disturbance is caused by Entertainment the noise level may require to be reduced to ensure that it does not impact on local properties.

3.3       The applicant has applied to vary the hours during which entertainment may be provided, within the outdoor area.

3.4       The days and hours during which entertainment may be provided under the terms of the current Outdoor Entertainments Licence are:

·        Friday         4:00 pm to 10.30pm 

·        Saturday     2:00 pm to 8.30pm 

·        Sunday       2:00 pm to 8.30pm 

3.5       The days and hours proposed to provide entertainment within the outdoor area pursuant to the application to vary the outdoor licence are:

·        Monday - Saturday      11:30 am to 11.00pm 

·        Sunday                         12:30 pm to 11.00pm 

3.6       A layout plan is attached as Appendix 2.

3.7       Members are reminded that all applications for  ...  view the full minutes text for item 4c

The Building Control Manager presented the following report to the Committee, highlighting that the application was from the Council:

“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 based on the Council’s standard conditions, to provide outdoor musical entertainment for:

1.2       A location map is attached as Appendix 1

2.0       Recommendations

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

a)     Approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence in the proposed area as 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.

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 musical performances, in the outdoor areas around the perimeter of their premises. The details of the proposed events are unknown at this stage. However, if an event is planned to take place on this site it would be subject to all technical matters being implemented to the satisfaction of the Service. The venue has small outdoor areas located to the front, side and rear of the 2 Royal Avenue Building.

3.2       A site plan is attached as Appendix 2.

3.3       The days and hours proposed to provide entertainment within the outdoor areas are:

·        Monday to Sunday from 10.00am to 11.00pm

3.4       The proposed outdoor area measures approximately 115 square metres and therefore the maximum occupancy will be in the region of 200 people. The exact figure will be determined when the site layout for a particular event is agreed.

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

            Representations

3.6       Public notice of the application has been placed and no written representation has been lodged as a result of the advertisement.

            PSNI

3.7       The Police Service of Northern Ireland have been consulted in relation to the application and have confirmed that they have no objection to the application.

3.8       A copy of their response is included as appendix 3 to this report.

            NIFRS

3.9       The Northern Ireland Fire and Rescue Service have been consulted in relation to the outdoor application and have confirmed that they have no objection to the application.

            Health, safety and welfare

3.10  ...  view the full minutes text for item 4d

The Building Control Manager presented the following report to the Committee, highlighting that the application was also from the Council:

“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 based on the Council’s standard conditions, to provide outdoor musical entertainment for:

1.2       A location map is attached as Appendix 1

2.0       Recommendations

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

a)     Approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence in the proposed area as 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.

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 musical events, within an outdoor area. The details of the proposed events are unknown at this stage. However, if an event is planned to take place on this site it would be subject to all technical matters being implemented to the satisfaction of the Service. The outdoor area is located to the rear of the Belfast Stories Building and is bounded by Union Street, Kent Street and North Street. A site plan is attached as Appendix 2.

3.2       The days and hours proposed to provide entertainment in the outdoor area are:

·        Monday to Saturday   11.30am to 11.00pm, and

·        Sunday                        12.30pm to 11.00pm.

3.3       The area of the proposed outdoor area is approximately 3,228 square metres and therefore the maximum occupancy will be in the region of 6000 people. The exact figure will be determined when the site layout for a particular event is agreed.

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

            Representations

3.6       Public notice of the application has been placed and no written representation has been lodged as a result of the advertisement.

            PSNI

3.6       The Police Service of Northern Ireland have been consulted in relation to the application and have confirmed that they have no objection to the application.

3.7       A copy of their response is included as appendix 3 to this report.

            NIFRS

3.8       The Northern Ireland Fire and Rescue Service have been consulted in relation to the  ...  view the full minutes text for item 4e

The Building Control Manager informed the Members that under the provisions of the Street Trading Act (NI) 2001 a district council had powers to designate and rescind the designation of specific streets or parts of streets as being suitable for street trading. The Act also allowed a council to vary a previous designating resolution in relation to the commodities or services to be supplied in specific streets.  He explained that, if a street or the commodity to be offered had not been designated under the Act. the Council could not issue a licence for street trading from a stationary position in that street.  The process of considering and reviewing the designation of streets was therefore an essential part of the legal framework within which the Council was enabled to regulate street trading in the City.

The Building Control Manager advised the Members that the Act set down the procedures which must be followed in considering a designating resolution, including the types of trading which may or may not take place in that street. The main steps the Council must undertake were summarised as follows:

a)     Give public notice of the proposed resolution;

b)     Consult with the PSNI and the Department for Infrastructure and other persons it considered appropriate;

c)     Consider any representations relating to the proposed resolution which it had received;

d)     After the Council had considered those representations it may, if it thought, pass the designating resolution; and

e)     Publish notice of the outcome for 2 consecutive weeks in 2 or more newspapers, giving not less than 28 days between the date of the publication and the date set out by the Council when the resolution would come into effect.

The Building Control Manager advised that a further report would be brought before the Committee at a future meeting detailing the outcome of the process of consultation. He added that, at that stage, Members would be able to determine the designation of the street along with any restriction on the commodity to be sold and any recommendations regarding the restriction on the times of trading.

            Proposed Sites

The Committee considered the applications that had been received for the creation of new designated sites and approved:

·        The publication of the statutory 28-day notice of the proposed resolution; and

·        To commence consultation with statutory bodies and other persons who may have an interest in the proposals.

The Building Control Manager reminded the Committee that, at its meeting on 13th December, 2023, it had agreed to the implementation of a permanent pavement café licensing scheme, subject to officers continuing to engage with Guide Dogs NI, the Federation of Small Businesses (FSB) and the Inclusive Mobility and Transport Advisory Committee (Imtac) in relation to concerns which they had raised during the public consultation, in order that the guidance for the scheme would reflect best practice.  The Committee had also agreed that those three organisations be invited to attend the next meeting to outline any concerns which they had.

            The Committee was advised that, since the December Committee meeting, officers had met with all three groups to discuss their concerns and that those discussions had proved beneficial.  The Building Control Manager outlined that officers would continue to engage with the groups over the coming weeks as the scheme got underway.

            The Members were advised that officers had provided the groups with an update on the guidance document and on proposed Licence Conditions, which would address some of the concerns raised by Imtac and Guide Dogs NI, in particular regarding pavement cafes not spreading out to take up more space than approved and to allow for the safe passing of pedestrians.

            It was reported that it was discussed that DFI Roads was currently working and engaging with Councils and representatives of disability groups on a Northern Ireland wide guidance document to assist DFI staff, Councils and stakeholders in assessing pavement café licence applications in relation to highway considerations.  The Committee was advised that the guidance dealt primarily with the unobstructed footway widths adjacent to pavement cafes on public pavements, the siting of furniture, lighting and enclosures.  The Building Control Manager confirmed that it was the Council’s intention that any finalised technical guidance document produced by DFI would become or be incorporated into the Council's technical guidance.

            The Members were advised that both Imtac and Guide Dogs NI wanted the Council guidance to specify a minimum of 2 metres unobstructed footway width.  The Building Control Manager explained that the Belfast guidance document for temporary pavement cafes contained a minimum pavement width of 2 metres clearance, with a reduction to 1.5metres in constrained environments.  He advised the Committee that it was the intention that that wording be part of the Belfast guidance until the finalised DFI guidance was produced.  It was also agreed that in some areas of high football, such as pedestrianised areas and near bus stops, that a minimum of 2metres would not be sufficient and that would be made clear in the Belfast guidance until the final DFI guidance was available.

            Imtac had also raised concerns about tactile paving, or the approach to it, being obstructed.  Officers had previously raised the issue with DFI and it would be incorporated into Belfast guidance until the finalised DFI guidance was available.  Concerns in relation to the preferred means of enclosure of pavement cafes was also raised and further consideration would take  ...  view the full minutes text for item 5a

The Committee agreed the following Standard Conditions of Licence which would be attached to licences issued under the Licensing of Pavement Cafes Act (NI) 2014:

1.          The Licensee shall be responsible at all times for compliance with the terms and conditions of the Pavement Café Licence.

2.          The licensed area must only be used to place temporary furniture for the purpose of consuming food and/or drink supplied from the licence holder’s premises.

3.          The Licensee shall at all times ensure that the pavement café furniture is not placed outside the licensed area.

4.          The pavement café area shall not exceed the approved dimensions and shall be clearly demarcated by way of barriers, if required, as per the approved plan attached to the licence.

5.          The Licensee must ensure that clear routes along the footway/highway are maintained, considering the needs of disabled people, and that minimum footway widths and distances required for access by mobility impaired and visually impaired persons (as per the approved plan attached to the licence) are provided at all times when the licence is in operation.

6.          Only furniture permitted by the Council shall be used in the licensed area and such furniture shall be placed in accordance with the approved plan attached to the licence.

7.          All tables and chairs and other authorised furniture and barriers used in conjunction with a pavement café licence must be removeable which means that it is not a permanent fixed structure, and it is able to be moved easily (that is sufficiently portable so that it can be removed within 20 minutes) and stored away at the end of use for the day.   

8.          The Licensee shall only place furniture on the licensed area on those days and during those hours as permitted by the licence.

9.          Any furniture provided in the licensed area shall not mark or damage the surface of the pavement.

10.       Adequate storage approved in writing by the Council must be provided to ensure that furniture can be stored securely when the premises are closed.

11.       The Licensee must ensure staff regularly monitor the licensed area, and the area immediately adjacent to it, to ensure it is kept clean, tidy and litter free.   Any litter or waste arising from use of the licensed area must be cleared away a soon as is practicable.

12.       The Licensee shall ensure that adequate Public Liability insurance cover is in force to cover the licensed area and provide proof of that insurance upon demand by the Council.

13.       The Licensee shall ensure good order is maintained during all times the Pavement Café is open.

14.       The Licensee shall ensure that the pavement café is operated in a manner ensuring that there is no safety risk, nuisance, public health issue or detriment to amenity caused to other users of the highway or nearby premises.

15.       This licence does not in any way permit the playing of live or recorded music for the entertainment of customers in the licensed area.

16.       The  ...  view the full minutes text for item 5b

The Committee noted the response which had been received from the British Board of Film Classification (BBFC), whereby it had confirmed that there had been no wide expression of support for a new film rating of “15A” and, indeed, the only requests for such a rating had been from Belfast City Council.

The letter stated that the BBFC had carried out research to gauge the appetite for a new “15A” rating but that the Advisory Panel on Children’s Viewing had been unanimous of its view that a “15A” rating would represent a significant child protection risk.  The BBFC advised that it carried out a large-scale public consultation on its Classification Guidelines every 4-5 years and that the most recent consultation was currently in its final stages, with the results being published early in 2024.

                        Noted.

The Building Control Manager reminded the Committee that after reviewing the current fees, as agreed by Committee in November 2022, these were deemed to be proportionate to the cost of the processes associated with administering a Sex Establishment Licence.

It was therefore proposed that the fees set previously remain as shown below.

The Sex Establishment Licence fees would ensure the cost of the operational and administration processes were proportionate to the licensing scheme.

The Committee agreed that the current fees, reviewed in November 2022, remain unchanged.