Agenda and minutes

            Apologies for inability to attend were reported on behalf of Councillors Bradley, Hutchinson and Thompson.

            The minutes of the meeting of 10th and 17th August 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 September, 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 Committee noted a list of applications for licences, Amusement Permits and Road Closure Orders 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 provisional grant of a Seven-Day Annual Indoor Entertainments Licence with extended hours for QUB, One Elmwood Student Centre.

1.2       A location map has been circulated.

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 provision of entertainment to 2.00 am from Thursday to Saturday, or

b)     approve the application with special conditions, or

c)     refuse the application for the provision of entertainment to 2.00 am from Thursday to Saturday.

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

            Provisional Grant of a Licence

3.1       There is provision within the Local Government (Miscellaneous Provisions) (NI) Order 1985 (the Order), to make application for the grant of an entertainments licence in respect of premises which are to be, or are in the course of being, constructed, extended or altered. 

3.2       If the Council is satisfied that the premises would, if completed in accordance with plans deposited, be such that it would grant the licence, the Council may grant the licence subject to a condition that it shall be of no effect until confirmed by the Council.

3.3       This is described as the provisional grant of a licence.

3.4       The circumstances in relation to the new Student Centre are that the building has now actually been completed and is ready to open. The Building Control Service has completed it for the purposes of the Building Regulations and all fire safety, structural and access requirements have been satisfied.

3.5       In relation to the Entertainments Licence, all statutory consultations have been completed satisfactorily and the certificates pre-requisite to the grant of licence have been received.

3.6       Under the Scheme of Delegation, the Director of Place and Economy has authority to issue any application for the grant of a licence where there are no representations in respect of it and the hours of operation applied for do not exceed 1.00am.

3.7       However, applications to provide indoor entertainment beyond 1.00 am are subject to consideration by the Committee and the Student Centre has applied for the following days and hours of use:

·        Sunday to Wednesday:  12.00 am to 1.00 am the following morning

·        Thursday to Saturday:    12:00 am to 2:00 am the following morning

3.8       To assist the University in the circumstances where the  ...  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/Summary of Main Issues

1.1       The Licensing of Pavement Cafes Act (NI) 2014 (‘the Act’) came into operation on the 1 October 2016. However, the Council, along with a number of other councils, did not implement the legislation at that time as the Department for Infrastructure Roads had not issued their technical guidance for Councils in support of the Act.

1.2       The Committee is reminded that, in 2017, it previously determined a number of matters in relation to the administration of the Licensing of Pavement Cafés Act (NI) 2014.

1.3       This included setting Pavement Café Licence fees, agreeing the Standard Conditions to be attached to licences,agreeing the standard hours of operation for licences and amendments to the Scheme of Delegation to outline those matters that would be brought before the Licensing Committee for consideration.

1.4       The Council in June 2020, decided to introduce a temporary process for considering pavement café applications to assist the hospitality sector during the pandemic, as we had not implemented the legislation due to the lack of technical guidance. The temporary pavement café licensing scheme was extended last year and will expire on 30 September 2022.

1.5       This report is presented to seek guidance on how to progress from the temporary process for pavement café licences to a permanent scheme.

2.0       Recommendations

2.1       Based on the information provided Members are asked to consider proposals that:

1.     a permanent pavement café licensing scheme should now be implemented;

2.     a transition and implementation period of 6 months be introduced to allow existing licensed businesses to continue to operate until the grant of their permanent licence is determined and after which temporary licences will no longer be valid;

3.     the application fees, as agreed by the Council in 2017, be introduced;

4.     there will be a review of current Licence Conditions; and

5.     there will be a gradual return to normal and proportionate enforcement procedures.

3.3       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       The Licensing of Pavement Cafes Act (NI) 2014 (‘the Act’) came into operation on 1st October 2016. However, the Council, along with a number of other councils, did not implement the legislation at that time as the Department for Infrastructure Roads had not, and still has not, issued their technical guidance for Councils in support of the Act.

3.2       That said, the Department for Infrastructure (DfI) has now evaluated and determined the appropriateness of 85 Temporary Pavement Café applications in Belfast, using their professional expertise following their own guidance documents.

3.3       As such, DfI’s technical guidance document for Council’s is no longer seen as crucial, as DfI are deemed to be the experts in determining the suitability for the use of the pavement.

3.4       The Council in June 2020, decided to introduce  ...  view the full minutes text for item 9.

The Committee was reminded that the Standards and Business Committee, at its meeting on 23rd August, had referred the following motion on Drink Spike Testing Kits in Licensed Premises, which had been proposed by Councillor Murray and seconded by Councillor Maghie, to the Licensing Committee:

“This Council, in a bid to make our night-time economy a safer place, will work with licensed promises to introduce drink spike testing kits into their premises.

This will include training for staff on how to administer the kits, what to do in the event of a positive result, and promotional material promoting how customers can access the kits.”

The Committee agreed that a report on how this might be facilitated, resourced and managed be presented to a future meeting.

The Interim City Solicitor provided the Committee with an update on an appeal of its decision to refuse an HMO licence at Flat 2, 26 Jerusalem Street, which had been heard on 16th September. She confirmed that Judgement had been reserved and that the Committee would be provided with a further update when the Judgement had been delivered.