Agenda and minutes

            No apologies for inability to attend were reported.

            The minutes of the meeting of 21st August, 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 2nd September, 2024, 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The Committee was advised that officers had withdrawn this item due to an administrative issue.

Noted.

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 outlined that the Hotel was currently licensed to provide indoor entertainment and the maximum occupancy was in “Amelia Hall” (445 persons).

He outlined that the days and hours during which entertainment may be provided within Amelia Hall, under the terms of its current Entertainments Licence, were:

Monday – Saturday 11.30 am to 1.00am the following morning

Sunday                    12.30 pm to 12.00 midnight. 

            The Committee was advised that the application related to a proposed extension to the hours during which entertainment could be provided to 2.00 am the following morning, every night of the week.

            The applicant had stated that the extension was sought to allow more flexibility to provide late night music entertainment and that it would be used in conjunction with the Article 44a extension to Liquor Licensing hours.

            The Building Control Manager outlined that public notice of the application had been placed in a newspaper and no written representations had been received.  He also confirmed that the Police and the Fire and Rescue Services of Northern Ireland had been consulted and they had no objection to the variation application.

            The Committee was also advised that no noise complaints had been received in respect of the premises to date.

            The Committee approved the application for the extension of the 7-Day Annual Entertainments Licence to vary the hours during which entertainment could be provided until 2.00am the following morning, every night of the week.

            The Houses in Multiple Occupation (HMO) Assistant 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 to the previous owner, by the Housing Executive, which had expired on 24th December, 2022.  Reminder letters had been sent to the licence holder on 25th July, 2022, and 14th November, 2022, informing them of the need to renew the HMO licence before the expiry of the existing licence.  However, it had subsequently transpired that ownership had transferred to the applicant in February 2019.

            On 7th March, 2023, an application for a Temporary Exemption Notice (TEN) was received and was subsequently approved on 15th March, 2023.  An extension to the TEN was approved on 15th June, 2023, which expired on 15th September, 2023.  No further extensions were permitted under the 2016 Act.

            On 25th May, 2023, an HMO Licence application was received from the owner of the accommodation, which was rejected on 2nd June, 2023, for a breach of planning control.  A further application was received on 7th July, 2024.

TheHMO Assistant 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 18th June, 2024.

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 the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/22 Botanic, Holylands, Rugby” 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  ...  view the full minutes text for item 4d

The Building Control Manager provided an annual update on the motions which the Licensing Committee was responsible for, in line with the agreement of the Strategic Policy and Resources Committee that all standing committees would receive regular updates.

            He outlined that, as agreed by the Strategic Policy and Resources Committees, motions could be closed for one of two reasons:

·        Category 1 – Notice of Motion contained an action that has been completed. 

All Notices of Motion within this category contained a specific task that has since been complete. It is worth noting that, when Committee agree to action a Notice of Motion, there are sometimes additional actions agreed alongside the Motion. As these are not technically part of the Notice of Motion, they are taken forward through normal committee decision making processes. The Notice of Motion can therefore be closed, but additional actions related to it will continue to be progressed and reported to the committee. 

·        Category 2- Notice of Motion has become Council policy or absorbed into a strategic programme of work.

These Notices of Motion did not contain a specific task that could be complete but rather they are more strategic in nature and require changes in Council policy and/ or strategy for long term outcomes.  Those listed within this category have all been agreed by Committee and are now either Council policy or are currently being implemented through a Council strategy that is managed by

a Standing Committee through the corporate planning process.

            The Members were advised that there were four Motions and Issues Raised in Advance for which the Licensing Committee was responsible. 

After discussion the Committee agreed that the following two motions be closed:

·        Request to receive a delegation re: the new Pavement Cafe

Guidelines (ID = 382); and

·        Street Closures (ID = 398)

The Committee also noted the status updates for the remaining two motions which remained open, namely, Drink Spike Testing Kits in Licensed Premises and AirBnB Accommodation.

            The Building Control Manager advised the Committee that, due to staff illness, an update on Road Closures would be provided in due course.