Agenda and minutes

          Apologies for inability to attend were reported from the High Sheriff (Councillor McAteer) and Councillors Abernethy and Collins.

            The minutes of the meeting of 16th 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 1st May.

            No declarations of interest were recorded.

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 April, 2025.

            The HMO Unit Manager provided the Committee with an overview of the application.

            He outlined that the property had had the benefit of an HMO licence issued by the Council with a start date of 11th March, 2020, and an expiry date of 11th March, 2025, in the name of Mr. Derek Blundell.  Mr. Blundell had died on 12th April 2023.

            In accordance with Section 29 “Death of sole license holder: effect on licence” of the Houses in Multiple Occupation Act (Northern Ireland) 2016, where a sole licensee died, the HMO licence was to be treated as being held, from the date of death, by the licensees personal representatives, but ceased to have effect three months after that date.

            The Committee was advised that the Council may, on application from the personal representatives of the licensee, extend the period for which the licence had effect beyond the three month period if the Council considered that it was reasonable to do so for the purpose of winding up the licensee’s estate.

            The Council had not been made aware of Mr. Blundell’s death at the time, nor did it receive an application to extend the period for which the licence has effect and, as such, the licence ceased to have effect on 12th July, 2023.  An application for a new HMO licence was received from Mrs. Barbara Blundell on 31st October, 2024.

Following the submission of the HMO licence, officers had established that ownership of the property had transferred to Mrs. Blundell via a deed of family arrangement in November 2023.

A temporary exemption notice “TEN” was applied for on 9th March, 2025, and subsequently granted on 22nd April, 2025.

The HMO 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 no planning permission or a Certificate of Lawful Existing Use of Development “CLEUD” had been granted for the property, however, following an assessment of tenancy agreements submitted by the applicant, officers were satisfied that the occupation of the living accommodation as an HMO would not constitute a breach of planning control.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to daytimenoise; the Public Health and Housing Unit in relation to rubbish accumulation/filthy  ...  view the full minutes text for item 4c

The Senior Licensing Officer advised the Committee that it was being asked to consider two competing Stationary Street Trading Licence applications to trade at a designated site in Duncrue Link.  The site was designated to allow for the sale of hot food and non-alcoholic beverages and both applications complied with the designating resolution for the site.

The first application was received from Ms. Vanessa Kemp.  She had applied to sell hot food and non-alcoholic beverages from a catering van measuring 5.5m by 2.15m. Her proposed hours of operation were Monday to Friday, 7.00am to 5.00pm.  Miss. Kemp had not previously held a street trading licence with Belfast City Council but was registered with the Council’s Environmental Health Food Safety and had a food hygiene rating of 5.

The second application was from Mr. Daniel Smith.  He had applied to sell hot food and non-alcoholic beverages from a catering van measuring 7.92m by 2.44m. His proposed hours of operation were Monday to Friday, 8.00am to 2.30pm.  Mr. Smith had not previously held a street trading licence with Belfast City Council.  He was registered with the Council’s Environmental Health Food Safety and was awaiting initial inspection.

            The PSNI and DFI Roads had been consulted and had no objections to either application, subject to correct vehicle positioning.

            The Chairperson advised the Committee that the two applicants were in attendance to outline their proposals for the site.  He invited Ms. Kemp and her father, Mr. A. Kemp, to address the Committee first.

            Mr. Kemp outlined that his daughter had been working in the catering trade for 15 years and that he had a Street Trading Licence with the Council.  He queried why, after her application, which had been lodged in January 2025 and subsequently marked as “pending approval”, was a further application accepted for the same site, in March 2025.

            In regards to the process, the Senior Licensing Officer explained that the Council had no power to refuse an application and it had to be considered. 

            In response to a further Member’s query regarding the process, he further explained that there was no time limit for a street trading licence application and, had the consultation been completed on the first application received, with no objections, it would most likely have been processed and issued.  He added that officers published the term “pending” beside any live applications on the website to try and discourage additional applications from being submitted and that applicants were advised if they were the second or third applicant, for example.

            The Chairperson then welcomed Mr. D. Smith to the meeting. 

            Mr. Smith advised the Committee that he had purchased the van off the trader who had previously operated at the site for around forty years, as the previous trader’s wife had become unwell.  Mr. Smith stated that the previous trader’s niece had continued to work for him, along with the same menu offering, staff and suppliers.

            A Member requested information from both traders in respect of their food receptacles and  ...  view the full minutes text for item 4d

The Senior Licensing Officer advised the Committee that it was being asked to consider two competing Stationary Street Trading Licence applications to trade at a designated site in Boucher Crescent.  The site was designated to allow for the sale of hot food and non-alcoholic beverages and both applications complied with the designating resolution for the site.

The first application was received from Mr. Ajithjosedaniel Arputharaj.  He had applied to sell hot food and non-alcoholic beverages from a trailer measuring 5.5m by 2.1m. His proposed hours of operation were Monday to Sunday, 7.00am to 9.00pm.  He had not previously held a street trading licence with Belfast City Council.  He was registered with the Council’s Environmental Health Food Safety and was awaiting initial inspection.

The second application was from Mr. Aaron Smallwood.  He had applied to sell hot food and non-alcoholic beverages from a trailer measuring 3m by 2m. His proposed hours of operation were Monday to Saturday, 9.00am to 3.30pm.  Mr. Smith had not previously held a street trading licence with Belfast City Council.  He was registered with North Down and Ards Borough Council’s Environmental Health Food Safety where he had a five star food hygiene rating.

            The PSNI and DFI Roads had been consulted and had no objections to either application, subject to correct vehicle positioning.

            The Chairperson advised the Committee that the two applicants were in attendance to outline their proposals for the site.  He invited Mr. Arputharaj and his wife Mrs. Vinoliya Sahayaraj to address the Committee first.

            Mrs. Sahayaraj explained that she was the co-owner of the business and was also a nurse.  She stated that a healthy gut made a healthy mind and they wanted to offer something different to the local area, including Indian dosas and fresh fruit juices.

            The Chairperson then welcomed Mr. Smallwood.  He advised the Committee that he had an airstream-style trailer which had been custom built for his business.  He proposed to sell sourdough toasties, locally roasted coffee and locally made traybakes.  He also proposed to employ people in the local area.

            The Senior Licensing Officer advised the Members that the first application, from Mr. Arputharaj, was received six days before Mr. Smallwood’s application.

            In response to a Member’s query, he clarified that a Food Hygiene rating was awarded after an inspection of the area/vehicle used for food preparation and serving, and was not awarded to a person. 

            A further Member stated that it was, again, hard to determine which business should be awarded the pitch as both seemed like good businesses.  However, he stated that he felt that the Committee should consider awarding the licence to Mr. Smallwood, given that he had invested significant money into the trailer, that it was his intention to use local produce and that he had previously been awarded a five-star food hygiene rating by another Council.

            A further Member stated that, in order to be consistent with the previous application, that the licence be granted to the application which had been received first.

            Moved  ...  view the full minutes text for item 4e