Agenda and minutes

            No apologies were reported.

            The minutes of the meeting of 17th April, 2024 were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council, at its meeting on 7th May, 2024, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

Councillor McCabe declared an interest in the item “Féile an Phobail 2024”, in that she was its Development Manager, and she therefore left the room for the item and did not participate in the discussion or vote.

At the request of Councillor McKeown, the Committee agreed to receive a briefing from officers on Street Closures at its next meeting.

            (Councillor McCabe, having declared an interest in this item, left the meeting at this point in proceedings.)

            At the request of a number of Members, the Committee agreed to bring this item forward in the agenda.

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

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider a request from the organisers of Féile an Phobail to permit the planned entertainment to run beyond 11.00 pm on up to 7 nights during the festival event within Falls Park, running from Thursday 1 August to Sunday 11 August 2024.

2.0       Recommendations

2.1       Taking into account the information presented and any representations received you are required to consider the request to extend the hours of entertainment and, subject to all technical requirements being met, either:

1.      Agree that all 7 of the events should be permitted to take place beyond the standard hours of licence to 1.00 am; or

2.      Agree that only on specified nights will entertainment be permitted to take place beyond the standard hours of licence to 1.00am and that the other requested nights be permitted to take place to an earlier specified extended hour; or

3.      Refuse to extend all of the hours as requested.

3.0       Main report

            Key Issues

3.1       Members are advised that a 7-Day Annual Outdoor Entertainments Licence and a 7-Day Annual Indoor Licence for a Marquee has been granted for Falls Park and both have been used to hold events in the past, primarily for this event. The Licences are held by the City and Neighbourhood Services Department and are transferred to the organisers for the duration of their event.

3.2       The days and standard hours during which entertainment may be provided both outdoors and in a marquee are Monday to Sunday from 11.30 am to 11.00 pm.

3.3       In addition, the following Special Conditions are attached to both the Marquee and Outdoor Entertainments Licences:

·        Maximum numbers will be agreed at the discretion of the Building Control Service and will vary depending upon individual concert set up proposals.

·        Prior to any event taking place the promoters are required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints, which has been agreed in advance with the Council.

·        Any requests to provide entertainment later than 11.00 pm must be considered by the Licensing Committee and therefore must be made at least 3 months in advance of the proposed event.

·        Should an application to provide entertainment beyond 11.00 pm be granted and the Council then receive a significant number of complaints regarding noise or the complaint is of such significant impact, authority is granted to the Director of Planning and Building Control, in consultation with the City Solicitor, to reduce the finishing time for any subsequent nights of the event, in which case the promoter will be required to make contingency arrangements.

3.4       The applicant has indicated that outdoor music events are scheduled for Friday 2nd,  ...  view the full minutes text for item 5a

            (Councillor McCabe returned to the meeting at this point in proceedings)

The Committee noted a list of applications which had been approved under the Council’s Scheme of Delegation during April and May 2024.

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 Houses in Multiple Occupation (HMO) Managerpresented the details of the application to the Committee.

            The Committee was advised that the property had had the benefit of an HMO licence issued by the Housing Executive, which had expired on 13th June, 2022.  Reminder letters had been sent to the licence holder on 19th January, 2022, and 18th May, 2022, informing them of the need to renew the HMO licence before the expiry of the existing licence.  On 19th May, 2022, an HMO licence application was received to renew the licence.  The NIHMO Unit ceased to consider the application as the owner had failed to comply with Regulation 2 of the Houses in Multiple Occupation (Notice of Application) Regulations (Northern Ireland) 2019, which required them within seven days of submitting the application, they must have published information of the application in one or more newspapers circulating in the locality of the HMO and have provided a copy to the NIHMO Unit.   A reminder to do so had been sent to the applicant.

            The Members were advised that, on 10th August, 2022, an incomplete application for a Temporary Exemption Notice “TEN” was received and subsequently refused.  A subsequent TEN application was received and approved, with an extension, but that had expired on 25th January 2023.

            On 5th December, 2022, an HMO licence application was received from the owner, which was rejected on 15th December, 2022 for breach of planning control.  A further licence application was received on 12th December, 2023.

TheHMO 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 of Development “CLEUD” was granted on 3^rd February, 2023.

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 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 applicant had confirmed that they had not been convicted of any relevant offences under the 2016 Act.

For the purpose of Section 12(2) of  ...  view the full minutes text for item 5d