Agenda and minutes

            Apologies for inability to attend were reported from Councillor McMullan.

            The minutes of the meeting of 15th November were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 4th December, 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 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 November 2023.

The Committee was apprised of the details of the application.  The Houses in Multiple Occupation Manager explained that the property had had the benefit of an HMO licence issued by the Housing Executive in the name of the of the previous owner and was scheduled to expire on 23rd March, 2021.  From 14th February, 2020 the owner of the accommodation was recorded by land registry as being Mr. E. O’Hara and, in accordance with section 28(2) of the Houses in Multiple Occupation Act, the existing licence ceased to have effect on the date the ownership transferred.

On 4th August, 2023 an HMO licence application was received from the owner of the accommodation. The Committee was advised that, had the new owner applied for a licence before the change of ownership had taken place, the licence which was already in effect in respect of the HMO would have been treated as being held by the new owner, until such times as their application had been determined.

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 16th May, 2023.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to nighttime and daytimenoise; the 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.  The HMO Manager referred the Committee to details of other enforcement action which had taken place, which was detailed in Appendix 3 of the report.

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/21 Ulsterville” as defined in the document Council’s Local Development Plan Strategy, which was formally adopted on 2nd May, 2023.  It was 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  ...  view the full minutes text for item 4c

The Building Control Manager presented the following report to the Committee:

“1.0     Purpose of Report or Summary of main Issues

1.1       At your meeting in September 2023 Members, in principle, agreed to the introduction of a permanent Pavement Café licensing scheme from 1 January 2024 with a transition and implementation period of 3 months.

1.2       Members had asked that Officers engage with various stakeholders regarding the prospect of implementing a permanent pavement café licensing scheme and that persons operating unlicensed pavement cafes would be surveyed to ascertain why they had not applied for a temporary licence.

1.3       This report provides a summary of the responses received from the consultation exercise and seeks your direction upon the implementation of a permanent licensing scheme.

2.0       Recommendations

2.1       Based on the information provided in this report about the consultation work that has been undertaken Members are asked to agree to:

1.     Proceeding with the implementation of a permanent Pavement café Licensing scheme from 1 January 2024;

2.     A 3-month transition period to enable existing licensees to move to the permanent scheme by 31 March 2024;

3.     Introducing the application fees agreed at your meeting in December 2016;

4.     A review of the current fees being undertaken and presented to Committee for consideration in due course;

5.     The 5-year licence term remaining as agreed at your meeting in December 2016;

6.     The standard hours of operation for Pavement Cafes being set as 7.00 am to 11.00 pm and, where individual circumstances dictate that these hours are deemed unsuitable, that authority is delegated to the Director of Planning and Building Control to either extend or restrict the standard times of 7.00 am to 11.00 pm as appropriate.

2.2       Members are advised that the Licensing Committee does not have delegated powers in relation to policy decisions concerning licensing matters and as such your recommendation will be subject to ratification by Council.

3.0       Background

3.1       Members are reminded that the Council, in June 2020, introduced a temporary process for considering pavement café applications to assist the hospitality sector during recovery following the Covid-19 pandemic lockdown.

3.2       On 5 September 2023 a workshop was held for Members to discuss pavement café licensing and the future of the temporary scheme. Some key outcomes of that workshop were that:

·        Members were generally of the view that Pavement Cafes were a positive addition to the City.

·        Proper regulation and proportionate enforcement would be an important aspect of any permanent scheme to ensure a fair approach for all those wishing to benefit from a Pavement Café licence.

·        Consultation on progressing with a permanent scheme should be undertaken with key stakeholders.

·        There should be clear and straightforward procedures for applicants.

·        Clarity on how we can progress to a permanent scheme should be provided for Members before a decision can be made on any future scheme.

3.3       At your meeting in September 2023 the Committee agreed, in principle, to the introduction of a permanent Pavement Café licensing scheme from 1 January 2024 with a  ...  view the full minutes text for item 5a

The Committee agreed to defer consideration of the report until January 2024.