Agenda and minutes

          Apologies for inability to attend were reported on behalf of Councillors T. Brooks and Kelly.

            The minutes of the meeting of 19th March 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 April.

            No declarations of interest were recorded.

THE COMMITTEE DEALT WITH THE FOLLOWING ITEMS IN

PURSUANCE OF THE POWERS DELEGATED TO IT UNDER

STANDING ORDER 37(d)

The Committee noted a list of applications which had been approved under the Council’s Scheme of Delegation during March, 2025.

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 information contained in the report associated with the following two items was restricted in accordance with Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

      Resolved – That the Committee agrees to exclude the members of the press and public from the meeting during discussion of the following items as, due to the nature of the items, there would be a disclosure of exempt information as described in Section 42(4) and Schedule 6 of the Local Government Act (Northern Ireland) 2014.

            Members were also reminded that the content of ‘restricted’ reports and any discussion which took place during closed session must be treated as ‘confidential information’ and that no such information should be disclosed to the public as per Paragraph 4.15 of the Code of Conduct.  

With the agreement of the Committee, the HMO Manager presented the details of the two applications together.  He reminded the Committee that it had, at its meeting on 19th March, been presented with the details of the applications and that it had agreed to defer them in order that officers would submit the proposed wording of conditions to be attached to the licences to the next meeting.

            He explained that officers, having liaised with the Council’s Information Governance Unit and Legal Services, were proposing that the following conditions be attached to the licences for both 60 Sandymount Street and 29 Colenso Parade:

“During the period of the licence, the Licensee must not permit any person not named in the licence to do any of the following–

(i)        to directly receive rents or other payments from persons who occupy the accommodation,

(ii)       to arrange for the carrying out of any repairs or refurbishment of the accommodation,

(iii)      to send, receive or engage in communications relating to the accommodation, to or from the occupants or the Council; or

(iv)     to engage in any other activity or course of activity which constitutes, or assists in, the management of the HMO.”

The Committee was advised that, should the applicant breach the conditions, it would constitute an offence pursuant to s31 (2) and/or (3) of the 2016 Act, and they may be liable to a Fixed Penalty of £2,500 and maximum fine on summary conviction of £10,000.

            The Committee was also reminded that section 33 of the 2016 Act already provided that it was a criminal offence for the applicant to permit any person not named on the license to act as a managing agent. That person, too, would also be deemed to have committed an offence.  A person guilty of an offence under subsection 33 (1) or (2) was liable on summary conviction to a fine not exceeding £10,000.

            After discussion, it was

Moved by Councillor D. Douglas,

Seconded by Councillor Smyth and

      Resolved – that the Committee agrees to grant the licence, for both 60 Sandymount Street and 29 Colenso Parade, in terms different from those applied for, by imposing the following conditions:

“During the period of the licence, the Licensee must not permit any person not named in the licence to do any of the following–

                            i.          to directly receive rents or other payments from persons who occupy the accommodation,

                          ii.          to arrange for the carrying out of any repairs or refurbishment of the accommodation,

                         iii.          to send, receive or engage in communications relating to the accommodation, to or from the occupants or the Council; or

                         iv.          to engage in any other activity or course of activity which constitutes, or assists in, the management of the HMO.”

            The HMO Unit Manager presented the details of the application to the Committee.

            He outlined that the property had the benefit of an HMO licence issued by the Council, with a start date of 25th June, 2020, and an expiry date of 25th June, 2025, in the names of Mr. I. McKeown and Mrs. C. McKeown.  The ownership of the property had transferred to Ms. A. McKeown with an assignment date of 1st October, 2024.  He explained that, in accordance with Section 28(2) of the 2016 Act, the license granted to Mr. I. McKeown and Mrs. C. McKeown ceased to have effect on the date of transfer.

            The Committee was advised that ownership of the property had reverted back from Ms. A. McKeown to Mrs. C. McKeown on 29th November, 2024.  An application for a new HMO licence was received from Mrs. C. McKeown on 13th January, 2025.

            A temporary exemption notice (TEN) was applied for on 18th February, 2025, and subsequently granted on 27th February, 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 a Certificate of Lawful Existing Use or Development (“CLEUD”) was granted on 6th December, 2018.

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

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) “2/17 Sandymount” 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 result in overprovision.

The officers had had  ...  view the full minutes text for item 5c

The Committee was presented with the following motion, which had been referred to it by the Standards and Business Committee at its meeting on 27th March:

Moved by Councillor Smyth,

Seconded by Councillor de Faoite

“This Council recognises the increasing harm associated with drug and alcohol misuse in Belfast, including rising drug-related deaths and the consequences of zero-tolerance policies. Following the successful harm reduction campaign launched in Bristol, in which it became the first harm reduction city in the UK, this Council commits to introducing a similar initiative in Belfast to promote safer nightlife practices.

It will seek to bring together stakeholders from across the night-time economy, including venues, promoters, the PHA, PSNI, community organisations and Belfast City Council. To develop city wide harm reduction messaging and educational materials/guides for venues to promote harm reduction strategies. As well as developing training resources, safety first policies and community engagement to reduce the stigma of substance misuse.”

            With the agreement of the Committee, Councillor Smyth addressed the Committee and explained his rationale for requesting the initiative.

            After discussion, during which the Director of Planning and Building Control outlined the next steps, the Committee agreed that a report be submitted to a future meeting to provide it with options on what approach could be taken towards the implementation of a Harm Reduction Campaign, including any potential cost implications.

The Principal Building Control Surveyor presented the following report to the Committee:

“1.0      Purpose of Report or Summary of main Issues

1.1       To advise Committee that amendments have been made to the Council’s Amusement Permit policy and to seek permission to commence consultation on the amended policy.

2.0       Recommendations

2.1       Committee is asked to consider the amended Amusement Permit policy and, subject to any changes that Members deem necessary, agree that consultation be initiated on the policy.

3.0       Main report

            Background

3.1       The Committee is required to consider all applications for the grant of an Amusement Permit under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (the Order). 

3.2       Members are advised that the Council agreed to the introduction of an Amusement Permit policy at their meeting of 1 May 2013.

3.3       The aim of the policy is to serve as a guide for Elected Members, Council officers, applicants and the wider public on applications for amusement permits in the Belfast City Council area. By outlining those matters which may be taken into account in determining an application for an amusement permit the policy is intended to introduce greater clarity, transparency and consistency to the decision-making process.

3.4       The need for the policy was highlighted by previous Court decisions on amusement permit applications. These demonstrated the need for the Council to make its position clear on the issues to be considered when deciding to grant or refuse an amusement permit application under the 1985 Order. Some of these issues, such as location, character and impact on neighbours/surrounding area often overlap with planning considerations. 

3.5       The policy has been in operation since 2013 and is considered by Committee as part of the decision-making process in respect of every application for the grant of an amusement permit.

3.6       The key objectives of the policy are to: -

1.      Promote the retail vibrancy and regeneration of Belfast;

2.      Enhance the tourism and cultural appeal of Belfast by protecting its image and built heritage;

3.      Support and safeguard residential communities in Belfast;

4.      Protect children and vulnerable persons from being harmed or exploited by gambling;

5.      Respect the need to prevent gambling from being a source of crime and disorder.

3.7       To meet these policy objectives when determining amusement permit applications, the Council will assess each application on its own merits and will:

1.      have regard to the requirements set out in the 1985 Order; and

2.      assess the suitability of the location for a proposed amusement arcade, which will typically be based on several assessment criteria set out in the policy. Namely the: -

3.      Impact on the retail vitality of Belfast City;

4.      Cumulative build-up of amusement arcades in a particular location;

5.      Impact on the image and profile of Belfast;

6.      Proximity to residential use; and

7.      Proximity to schools, youth centres and residential institutions for vulnerable people.

            Changes to the policy

3.8       As with any policy of the Council it is important that it is reviewed and updated  ...  view the full minutes text for item 6b

The Senior Licensing Officer presented the following report to the Committee:

“1.0      Purpose of Report or Summary of main Issues

1.1       Section 15 of the Street Trading Act (NI) 2001 gives the Council the power to set sufficient fees to allow it to recover the full costs of administering the Street Trading Licence Scheme. The Act, prescribes the range of circumstances in which the Council may charge a fee:

1.     For the grant or renewal of a Street Trading Licence,

2.      For the grant of a Temporary Licence; and

3.      For varying the conditions on a Licence at the request of the licence holder.

1.2       The Act also limits the maximum amount of the fee to that required to cover the Council’s costs in administering the scheme.  The Council is, therefore, denied the right to use the Street Trading Licensing system to raise revenue.

1.3       The EU Services Directive, the Provision of Services Regulation 2009 and the Hemming V Westminster City Council court case have provided clarity about the specific requirements that apply to the charging of licence fees. Charges must be reasonable and proportionate to the cost of the processes associated with a licensing scheme and councils must not use fees to make a profit or act as an economic deterrent to certain business types from operating within an area.

            Procedure for fee setting

1.4       The Act states the procedures which the Council must follow in setting the fees and these stages may be summarised as follows:

1.      The Council is to give notice of the proposed fees to licence holders and to publish a notice in two or more newspapers showing how the fees have been calculated.

2.      The Council is required to consider any written representations concerning the proposed fees and charges.

3.      The Council after reaching its final decision must inform licence holders and publish a final notice in two or more newspapers showing the new fees.

4.      Furthermore, the Act allows the Council to determine the time and manner in which fees or charges are to be paid.

1.5       However, as a prerequisite, Members need to determine the proposed level of fee, which will allow the Council to start the statutory process for setting the fee as per stage one above.

1.6       As we progress, further reports will be brought before the Committee detailing the outcome of the process of consultation. At that stage Members will be able to determine the final fee you consider appropriate.

2.0       Recommendations

2.1       Members are asked to consider the three options below (in the key issues) and to determine which option to approve and authorise that option of proposed fees for publication and commence consultation with licence holders.

2.2       Should you not accept the proposed fees in option 1, which are set at a level to recover the cost of administering the scheme, the matter may require to be referred to the Strategic Policy and Resources Committee for further consideration as any shortfall in income may  ...  view the full minutes text for item 6c