Agenda and minutes

            Apologies were reported on behalf of Alderman Sandford.

          The minutes of the meeting of 14th December 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 February, 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 reported.

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 informed the Committee that an application had been received for a new Licence to operate a House of Multiple Occupation (HMO) for 14 Fitzroy Avenue.  He advised that the Applicant was Mr. A. Dodds and the Managing Agent was Ballygowan Limited trading as Belvoir South Belfast. 

He reported that on the 31st January 2023, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 (“the 2016 Act”), officers issued a Notice of Proposed Decision.  The Notice of Proposed Decision stated that the Council proposed to refuse the licence on the grounds of overprovision. A statement of reasons for the proposal was included in the Notice of Proposed Decision. If the application was refused, the Applicants had a right of appeal to the County Court. An appeal must be lodged within 28 days of formal notification of the Council’s decision.

            The HMO Unit Manager provided the Members with background to the property which had the benefit of an HMO licence through the Northern Ireland Housing Executive in the name of the existing owner but which had expiredon 14th August 2019. Further to this, on the 12th April 2019 a reminder letter was sent to Mr. Dodds informing him of the need to apply to renew the licence.

An inspection of the property took place on the 5th July 2019 in anticipation of an application being submitted, during which the Managing Agent was in attendance, however, the Council did not receive an application to renew the licence.

            On 12th October 2022 an application for a Temporary Exemption Notice “TEN” was received and subsequently approved on the 19th October 2022, an extension to the TEN was approved on the 17th January 2023 which would expire on the 17th April 2023. No further extension to the TEN were permitted under the 2016 Act.

            On the 27th September 2022 an HMO licence application was received from the owner of the accommodation.  

The HMO Unit Manager explained that, as this was a new application, the HMO Unit had consulted with the Council’s Planning Service which confirmed that on the 20th August 2007 permission was granted for “Change of use from existing HMO to 2 no. self-contained flats (1 no. HMO) and alterations” with the planning reference Z/2006/2887/F. 

Further to this, The HMO Unit Manager added that for the purpose of determining whether or not the granting of a licence would result in an overprovision of HMOs in the locality of the accommodation and, in order to ensure consistency was both a planning and licensing authority, the locality was defined as being HMO Policy Area “HMO 2/22 Botanic, Holylands and Rugby” as defined in the document “Houses in Multiple Occupation (HMOs) Subject Plan for Belfast City Council Area 2015.  He reported that Legal Services had advised that there was a clear requirement in section 8 of the 2016 Act upon the Council to be satisfied that the granting of a licence would not result in  ...  view the full minutes text for item 5.

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 or Summary of main Issues

1.1       To consider an application for the grant of a 14-day Occasional Outdoor Entertainments Licence in respect of Drumglass Park.

            Area and Location          Ref. No.                    Applicant

            Drumglass Park              WK/2022/01411       Mr David Sales

            Lisburn Road                                                   City and                                Belfast, BT9 6JF                                                     Neighbourhood

                                                                                      Services Department

                                                                                      Belfast City Council

1.2       A location map is attached as 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 14-Day Occasional Outdoor Entertainments Licence, or

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

c)          Refuse the application for the grant of the 14-Day Occasional 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       Drumglass Park is owned by Belfast City Council and was previously licensed to provide outdoor entertainment until the 7 Day Annual Licence expired on 31 July 2015.

3.2       Belfast City Council currently holds a 14-Day Occasional Indoor Entertainments Licence for a marquee in respect of Drumglass Park.

Application and representations

3.3       As for all licences associated with Council parks the applicant is the Director of City and Neighbourhood Services.

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

·             Monday to Sunday:   11.30am to 11.00pm.

3.5       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

3.6       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 and has confirmed that they have no objection to the application.

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

NIFRS

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

            Health, safety and welfare

3.10      Officers from the Service will engage with the applicant and event organisers in the lead up to events to ensure all documentation and technical information is in place.

3.11      Additionally, officers will inspect the site during the build of the event space and following its completion to ensure they are satisfied all safety and management procedures are in place.

            Noise

3.12     The applicant will be required to provide a Noise Management Plan for events which will be provided to the Environmental Protection Unit (EPU) for evaluation. Council Officers work with  ...  view the full minutes text for item 7.

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

“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 in respect of Páirc Nua Chollann, Stewartstown Road.

            Area and Location         Ref. No.                   Applicant

            Páirc Nua Chollann,      WK/202002613        Mr David Sales

            Stewartstown Road                                        City and Neighbourhood

            Belfast, BT17                                                  Services Department

                                                                                      Belfast City Council

1.2       A location map is attached as 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 7-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 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, entertainment may not be provided until any such appeal is determined.

3.0       Main report

Key Issues

3.1       Páirc Nua Chollann is a newly developed community event space located on Stewartstown Road which will be operated by Belfast City Council.  The community event space includes an outdoor gym, an education zone, a cycle ‘pump track’ and walking and cycling routes. 

3.2       The application for the grant of an Entertainments Licence at the venue is to support community events which are to be hosted in park.

3.3       A site plan for Páirc Nua Chollann is attached as Appendix 2.

Application and representations

3.4       As for all licences associated with Council parks the applicant is the Director of City and Neighbourhood Services.

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

·        Monday to Sunday:   11.30am to 11.00pm.

3.6       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

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

            PSNI

3.8       The Police Service of Northern Ireland have been consulted and has confirmed that they have no objection to the application.

3.9       A copy of their correspondence is attached at Appendix 3.

NIFRS

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

            Health, safety and welfare

3.11     Officers from the Service will engage with the applicant and event organisers in the lead up to future events to ensure all documentation and technical information is in place.

3.12     Additionally, officers will inspect the site during the build of the event space and following its completion to ensure they are satisfied all safety  ...  view the full minutes text for item 8.

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.