Agenda and minutes

            Apologies for inability to attend were reported on behalf of Alderman Sandford.

            The minutes of the meeting of 19th 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, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

Councillor McKeown declared an interest in the review of Pavement Café Licence for City Picnic, Fountain Street (item 2h) in that he had advocated on their behalf to find a resolution in correspondence to the Department for Infrastructure (DfI).  He left the meeting while the matter was being discussed.

Councillor McCullough declared an interest in the Application for the Grant of a Seven-day Annual Outdoor Entertainments Licence for Grove Park, Jellicoe Avenue (Item 2d).  He left the meeting while the matter was being discussed.

The Interim City Solicitor/Director of Legal Civic Services declared a conflict of interest in item 2(d) Application for the Renewal of a Seven-Day Annual Indoor Entertainments Licence – St. Malachy’s College Old Boys’ Association, 442 Antrim Road in that she knew one of the applicants.  She left the meeting whilst the matter was being discussed.

            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 HMO Unit Manager submitted for the Committee’s consideration an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

“1.0     Purpose of Report/Summary of Main Issues

1.1            To consider an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

            Members are reminded that licences are issued for a 5-year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions. 

                                 Background

1.2       An individual purporting to be the owner of the accommodation submitted an HMO licence application on 22nd August, 2019 and an HMO licence was granted to that individual on 30th December, 2019.

1.3       However, following an application to vary the managing agent of the property, officers established that the individual to whom the licence was granted was not, in fact, the legal owner of the property. Instead, he was one of two directors of a limited company who actually owned the property. Members will be aware that a limited company is a separate legal entity.

1.4       Officers sought and obtained advice from Counsel on the validity of the licence and legal services advised that section 8(1) of the 2016 Act clearly requires that the owner of the accommodationmust apply for a licence, which was not the case here. Therefore, officers held that the misrepresentations made by the abovementioned individual regarding the ownership of the property, invalidated the licence meaning it no longer had effect. The NIHMO Unit emailed the individual advising him of the Council’s decision on 26th July, 2022.

1.5       On 23rd June 2022, the applicant, Mr. Hughes, submitted an application for a new HMO licence (He was a prospective purchaser of the property at the time).

1.6       The sale of the property was completed on 28th July, 2022.

1.7       Therefore, given that there was no valid licence in place when the applicant’s purchase of the property completed, the applicant could not avail of section 28 of the 2016 Act.

1.8       Had the licence remained in effect and, whilst still being an application for a new licence, with overprovision being taken into account (as indeed it must be), the Council would not have deemed granting this application to result in overprovision, given that it would effectively have been a transfer of an existing licence.

2.0            Recommendations

2.1       Taking into account the information presented Committee is asked to hear from the Applicant and make a decision to either:

(i)       grant the application, with or without any special conditions; or

(ii)      refuse the application.

2.2       If the application is refused, the applicants have a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision.

3.0            Main Report

            Key Issues

3.1       Pursuant to the 2016 Act, the Council may only grant a licence if it is  ...  view the full minutes text for item 6.

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 Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an application for the grant of a Seven-day annual Outdoor Entertainments Licence in respect of Grove Park.

1.2       A location map is attached at Appendix 1.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received Members are required to consider the application and to:

a)     approve the application for the grant of the Seven-Day Annual Outdoor Entertainments Licence, or

b)     approve the application for the grant with special conditions, or

c)     refuse the application for the grant of the Seven-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, entertainment may not be provided until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       Grove Playing Fields are owned by Belfast City Council and were previously licensed to provide outdoor entertainment until the Licence expired in August 2015.

3.2       A site plan for Grove Playing Fields is attached at Appendix 2.

3.3       Members are advised that, at a meeting of the Licensing Committee on 19th June 2022, you agreed to grant delegated authority to the Chief Executive, to approve the application for the Grant of a Seven-day Annual Outdoor Entertainments Licence for Grove Park, for the events on 8th to 10th July only, subject to having been satisfied that all safety and management procedures were in place and consultation had been undertaken with the PSNI and NIFRS.

3.4       The licence was subsequently issued for the Dockside Festival on 8-10th July 2022. Outdoor music events were held on 8th July and 10th July and a family fun day was held on 9th July.

3.5       This application is being brought back for further consideration to determine if Committee is now minded to grant a licence without restriction on its days of use.

Application and representations

3.6       As for all licences associated with the Council’s parks, the applicant is the Director of City and Neighbourhood Services.

3.7       The standard days and hours for an Outdoor Entertainments Licence are:

·          Monday to Sunday:   11.30 am to 11.00 pm.

3.8       In addition, Special Conditions are attached to Outdoor Entertainments Licences related to setting limits on maximum numbers and implementing a robust system of dealing with complaints.

Representations

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

PSNI

3.10     The Police Service of Northern Ireland has been consulted and has confirmed that it has no objection to the application.

3.11     A copy of its  ...  view the full minutes text for item 8.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.1     To consider an application for the variation of a Seven-Day Annual Indoor Entertainments Licence for the hours during which entertainment may be provided at Town Square, based on the Council’s Standard Conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.2       A location map is attached at Appendix 1.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received Members are required to consider the application and to:

a)     approve the application for the variation of the Seven-Day Annual Indoor Entertainments Licence for permission to provide entertainment to 2.00 am, or

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

c)     Refuse the application for the variation of the Seven-Day Annual Indoor Entertainments Licence for permission to provide entertainment to 2.00 am.

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, entertainment may not be provided to the later hours until any such appeal is determined.

3.0       Main Report

            Key Issues

3.1       The areas currently licensed to provide indoor entertainment and their maximum occupancies are:

·        Town Square Bar – 180 persons

·        Town Square Cafe – 160 persons

3.2       The days and hours during which entertainment may be provided under the terms of the indoor Entertainments Licence are:

·     Monday to Saturday: 11.30 am to 1.00 am the following morning,

·     Sunday:  12.30 pm to 1.00 am the following morning.

3.3       The variation application relates to a proposed extension to the hours during which entertainment can be provided on Friday and Saturday to 2.00 am the following morning.

3.4       Members are reminded that applications to provide indoor entertainment beyond 1.00 am subject to consideration by the Committee.

3.5       The applicant has stated that the extension of hours to 2.00am is to allow more flexibility to provide late night music entertainment and this will be used in conjunction with the Article 44a extension to Liquor Licensing hours.

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 has been consulted and has confirmed that it has no objection to the application.

3.8       A copy of its correspondence is attached at Appendix 2.

NIFRS

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

Health, Safety and Welfare

3.10     An inspection has been carried out on the premises within the past 12 months and officers  ...  view the full minutes text for item 9.

            The Building Control Manager submitted for the Committee’s consideration the following report.

“1.0     Purpose of Report/Summary of Main Issues

1.1       To consider an objection to the application for the renewal of the Seven-Day Annual Indoor Entertainments Licence for St. Malachy’s College Old Boys’ Association.

1.2       At the meeting on 19th October, the Committee agreed to defer consideration of this report due to a declaration of interest by the Interim City Solicitor/Director of Legal Civic Services. 

1.3       A location map is attached at 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 renewal of the 7-Day Annual Indoor Entertainments Licence, or

b)     approve the application for the renewal with special conditions, or

c)     refuse the application for the renewal of the 7-Day Annual indoor 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.

2.3       Should the applicant decide to appeal, the existing Licence will continue with its present conditions until the appeal is determined.

3.0       Main Report

            Details of the Premises

3.1       St. Malachy’s Old Boys’ Association has held a Seven-Day Annual Indoor Entertainment Licence since 1998.

3.2       The current days and hours during which entertainment can be provided are:

·          Monday to Saturday: 11.30 am to 11.00 pm and

·          Sunday:  12.30 pm to 11.00 pm

3.3       Under the provisions of the Licensing and Registration of Clubs (Amendment Act) (Northern Ireland) 2021, in addition to the normal hours shown above, the club may apply for up to 104 extensions a year to sell alcohol until 01.00 am on any day of the week. These are authorised at the discretion of the Police Service of Northern Ireland (PSNI) and, if granted, these also enable entertainment to be provided to the end of the drinking up period on those nights. The drinking up period extends to 2.00 am on those nights that an extension licence has been approved by the PSNI.

3.4       The areas currently Licensed to provide indoor entertainment and their occupancies are the:

·        Ground Floor lounge bar with a maximum capacity of 45 people

·        Ground Floor Main Function Hall with a maximum capacity of 200 people

·        Ground Floor Darts room with a maximum capacity of 38 people

·        First Floor Recreation room with a maximum capacity of 50 people.

3.5       The Function Hall is used on an adhoc basis for family parties and charity functions which usually involve a late licence to 1:00am with music provided by a DJ operating via their noise limiting device.

3.6       The Club has advised that it has not had entertainment scheduled since  ...  view the full minutes text for item 10.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.1     To consider an application for the renewal and variation of a Seven-Day Annual Indoor Entertainments Licence for Common Market, 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 is attached at Appendix 1.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received Members are required to consider the application and to:

a)        approve the application for the renewal of the 7-Day Annual Indoor Entertainments Licence; and

b)       approve the application for the variation of the 7-Day Annual Indoor Entertainments Licence for permission to provide entertainment to 3.00am; and / or

c)        approve the application for the variation of the 7-Day Annual Indoor Entertainments Licence to increase the occupancy on the ground floor to 1200 persons, or

d)       approve the application for the variation of the Licence with special conditions, or

e)        refuse any or all of the applications.

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, entertainment may not be provided to the later hours and the increase in occupancy will not be permitted until any such appeal is determined.

3.0       Main Report

Key Issues

            Details of the Premises

3.1       The applicant, Ms. Alana Fox of Carlisle Inns Ltd., has applied for the renewal and variation of a Seven-Day Annual Indoor Entertainments Licence based on the Council’s standard conditions to provide indoor music, singing, dancing or any other entertainment of a like kind.

3.2       Common Market is in the former Arnott’s Fruit Market building and Ms. Fox is also the licensee for the building adjacent to Common Market known as 39 Gordon Street and Lux and situated at 2-16 Dunbar Street.

3.3       Mr. Lawrence Bannon, who is consultant and advisor to Carlisle Inns Ltd., has been liaising directly with the Service in relation to the application.

3.4       The areas currently licensed to provide indoor entertainment and their maximum occupancies are:

·        Main Area (Ground Floor), with a maximum capacity of 290 persons

·        Mezzanine Floor, with a maximum capacity of 60 persons

3.5       The nature of the variation is to increase the occupancy of the Main Area of the ground floor to approximately 1260 persons.

3.6       Although the venue can potentially accommodate approximately 1260 persons, due to limited exit capacity, when the licence was first granted the ground floor area was laid out as a seated area with large picnic tables and the occupancy was restricted to 290 persons.

3.7       Floor plans showing the layout of the premises are  ...  view the full minutes text for item 11.

            The Building Control Manager provided an overview of the review of the Pavement Café Licence and requested that the Members consider representations from DfI-Roads in relation to City Picnic’s temporary Pavement Café Licence which had been impacted by the re-opening of Fountain Street at its junction with Castle Street. 

The Committee was 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 pandemic. The temporary Pavement Café Licensing Scheme was extended by the Council in September 2022 and would expire on 30th September 2023.

City Picnic restaurant had been granted a temporary Pavement Café Licence in Fountain Street, close to the junction with Castle Street. When this licence was granted this portion of Fountain Street was closed to vehicular traffic.  DfI-Roads had advised the licensee that pavement café space may be available on Castle Street in the portion that would remain closed to traffic and that they would also consider any other proposals for alternative locations to which the café could be relocated.

Council Officers had met with the licensee for City Picnic and had advised him to engage with DfI-Roads about potential options for relocation of his pavement cafe and that revised site plans based on these discussions should then be submitted to the Council for formal consultation with DfI-Roads thereafter.

Mr. Arthur McAnerney the licensee for the Temporary Pavement Café Licence had submitted new plans for the relocation to Castle Street in the remaining closed portion between the junction of Fountain Street and Castle Junction. Mr McAnerney was engaging with DfI and Building Control staff to ensure that all documentation and technical information was in place.

The Building Control Manager advised that should the Committee decide to revoke the licence, the Council was required to notify the licensee of its intention, stating the grounds for doing so and that representations may be made by the licence holder.

                 It was reported that Mr. D. McFarlane, Divisional Roads Manager and Mr. G. Lawther, Development Control Manager were in attendance on behalf of DfI-Roads, as were Mr. A. McAnerney, the Licensee and his business partner Mr G. Gregg.  The Chairman invited DfI to deliver their representation.

Mr. McFarlane provided the Committee with a timeline from 2017 and referred to the situation caused by the Primark fire which had turned Fountain Street into a temporary cul-de-sac.  He also referred to the temporary Pavement Café Licence Scheme which arose out of the Covid-19 pandemic in which DfI had been a consultee. He advised that City Picnic and Voodoo had been granted applications on the basis that they were operating not in the middle of public road but on a temporary cul-de-sac.  Therefore, DfI had worked with the Council and the 2 applications had been approved based on the fact that they were temporary, and when Primark reopened it would revert back to being a public road.  Mr. McFarlane informed the Committee that he was not aware of  ...  view the full minutes text for item 12.

            The Chairperson welcomed Mr. C. Smyth, Licensee and invited him to make his representation.

            Mr. Smyth clarified that despite being granted a second temporary Pavement Café Licence, he was unable to establish the Santeria cocktail bar, 19 Fountain Street as the land was currently being adversely possessed by the owner of 23 Fountain Street who had taken a legal action to prevent the café being put there.  He added that if the land had been the property of the owner of 23 Fountain Street, then he shouldn’t have been granted a pavement café licence.  Mr. Smyth advised that he had informed DfI of this matter to which DfI had declined interest.  He informed the Committee that the only pavement café Voodoo had was the one shared with City Picnic in the middle of Fountain Street.  He informed the Committee that the ambition for the area was to create vibrancy with limited investment due to the temporary arrangement which had been recognised by the Committee.  He highlighted that energy costs were now more of an issue than Rates costs which had resulted in businesses closing. He stated that it was gracious of the Council to extend the temporary pavement café arrangement. He referred to the 4-day notice from DfI to vacate which had led him to seek political and media support which had bought time.  He referred to the option of moving alongside Norwich Union House which was a possibility however, the matter of the demolition of Norwich Union House was live.  He advised the Committee that he had had discussions with McAleer and Rushe who had informed him that the demolition of Norwich Union House would not take place for about 4 months due to conservation rules. 

            Mr. Smyth recognised the safety issues caused by reversing vehicles however, he agreed with a Member’s point that the situation needed proper management.

            A Member asked Mr. Smyth about the proposal of moving Voodo’s pavement café to Castle Street.  He replied that the proposal was never to move to Castle Street as it was too detached from the business.  Moving it to Castle Street would create security implications due to removing it from the line of sight especially as Voodoo was largely a night-time business and there were drug and alcohol issues in the area.

            Another Member asked if this situation would have an impact on jobs and the business especially on the run up to Christmas.  Mr. Smyth stated it would have an impact if the pavement café can’t be moved and approved and referred to the current difficulty of hiring staff.  Mr. Smyth highlighted the visual improvements to the area which had been created by Voodoo and City Picnic.

            Mr. McFarlane asked the Council’s legal advisors if the pavement café legislation allowed for a café to be placed on what was technically a public road.  He reassured Mr. Smyth that DfI would work with him and reminded the Committee it was DfI that had approached City Picnic in relation to moving  ...  view the full minutes text for item 13.

            The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1            To make a final determination on an application for the Provisional Grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (the Order). 

2.0       Recommendations

2.1       In considering the application for the Provisional Grant of an Amusement Permit, the Committee shall have regard to the Order and Belfast City Council’s Amusement Permit Policy, as follows:

a)     The fitness of the applicant to hold a Permit having regard to his character, reputation and financial standing, and

b)     The fitness of any other person by whom the business is to be carried on under the Permit would be managed, or for whose benefit that business would be carried on,

c)     In considering the fitness of a body corporate to hold an amusement permit, the Council shall also have regard to the character, reputation and financial standing of the directors of the body corporate and any other persons who have executive control of it and who have a financial interest in it, as if the permit were, or were proposed to be, held by them jointly

d)     Representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub-division the premises are situated, and

e)     Representation, if any, as a result of the public notices of advertisement.

2.2       The Committee is then required to make a decision based on the following options set out under the Order.

You must refuse the application unless satisfied that:

a)        The applicant is a fit person to hold an Amusement Permit; and

b)       The applicant will not allow the business proposed to be carried on under the Amusement Permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the grant of an Amusement Permit.

2.3       Thereafter:-

1)     You may refuse the application after hearing any representations from third parties, or

2)     You may grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

3)     You may also grant the application subject to discretionary conditions outlined in the Order relating to the illumination of the premises, advertising of, and window displays on the premises and the display of information notices.

2.4       If, upon hearing the applicant, the Committee is minded to grant the permit provisionally, it is requested to consider delegating authority to the Director of Planning and Building Control, in consultation with the City Solicitor, to issue the permit once all necessary technical requirements relating to health, safety, welfare and amenity have been completed to the satisfaction of  ...  view the full minutes text for item 14.

The following dates had been identified for meetings of the Licensing Committee for the period from January to December, 2023.

·        Wednesday, 18th January

·        Wednesday, 15th February

·        Wednesday, 15th March

·        Wednesday, 12th April

·        Wednesday, 14th June

·        Wednesday, 16th August

·        Wednesday, 20th September

·        Wednesday, 18th October

·        Wednesday, 15th November

·        Wednesday, 13th December

(All meetings to commence at 5.00 pm)

The Committee approved the schedule meetings for 2023.

The Building Control Manager reminded the Committee that after reviewing the current fees, as agreed by Committee in November 2021, 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 2021, remain unchanged.

                 The Interim City Solicitor/Director of Legal and Civic Services provided the Committee with an update on a statutory appeal of its decision of 16th June, 2021 to refuse an application for a new HMO licence for a property located at Flat 2, 26 Lawrence Street, Belfast, on the grounds of overprovision.  She advised that officers await confirmation as to whether the appellant was to appeal/judicially review the court’s decision and would provide the Committee with a further update in due course.

            The Committee acknowledged the hard work of the team in defending this appeal. It noted the update on the legal proceedings.