Agenda and minutes

            Apologies for inability to attend were reported from Alderman Webb and Councillors Cunningham and Ó Donnghaile.

            The minutes of the meeting of 16th April 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 May, 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 Head of Building Control reminded the Committee that the Department of the Environment had responsibility for the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 and under Article 3 of, and Schedule 1 to, that Order, Entertainments Licences were administered by local authorities. 

            He pointed out that the legislation had been introduced almost 30 years ago and in many cases the provisions contained within it had been superseded by changes in the manner in which the entertainments industry operated.  Additionally, the experience of administering the legislation for that length of time had informed the Council that there might be alternative ways to administer the legislation in a way that would deliver efficiencies and make it more cost effective both for the Council and the applicant.  It would therefore be prudent to look at updating both the legislation and the Model Terms and Conditions to remove the provisions that no longer had beneficial effect and introduce new ones to deal with innovative issues.  He explained that, in the wake of the Joby Murphy tragedy, the Council had written to the Environment Minister in March, 2012 requesting a review of the legislation and offering the assistance of Council officers.  More recently, submissions had been made by officers to the Minister highlighting the need to address those issues. 

            The Head of Building Control reported that, the Minister, Mark H. Durkan, MLA, had asked his officials to convene a working group to review the existing legislation, including the associated Model Terms and Conditions and report to him within six months.  He had asked also, in addition to reviewing the existing legislation, that the group address the anomaly between the differing hours during which entertainments might be provided and the sale and consumption of alcohol.  In recognising the experience gained from the wide range of premises which provided entertainment in the Belfast area, and the many court actions which the Council had taken, the Minister had requested that the Council nominate a member of its staff to sit on the group. 

            Whilst the letter had been sent to the Head of Building Control, many of the issues that the group would deal with would be of a legal nature.  Given the vast range of experience gained by the Council’s Legal Services Section, he indicated that the Committee might also think it useful to offer that knowledge and experience to the working group.  The group would also have representation from the Police Service of Northern Ireland, the Northern Ireland Fire and Rescue Service, as well as representatives from Pubs of Ulster, the Federation of Clubs and Belfast City Centre Management.

            The Committee agreed to accept the invitation on behalf of the Council and to nominate the Head of Building Control and, if agreed, to offer the services of a Legal Officer from the Council to sit on the Working Group.

            The Committee was advised that the Institute of Licensing was the professional body for licensing practitioners in local government, the police, private sector and the legal profession.  The Institute had been established to provide education and training and to disseminate knowledge in all matters relating to licensing.  It operated throughout England, Wales and Northern Ireland and to a lesser extent in Scotland.  The Committee was advised that the Council was a Corporate Member affiliated to the Northern Ireland region of the Institute and Mr. J. Cunningham, Regulatory Services Manager within the Building Control Service, was the Chairman of the Institute of Licensing (Northern Ireland Branch) and a Director and Trustee of the Institute.

            The Head of Building Control reported that this year the Institute would be holding its National Training Event at the Holiday Inn, Birmingham, from 12th till 14th November.  The training event would address topics such as licensing developments within Northern Ireland, licensing policy, public health in licensing, gambling, elected member training and case law updates.  The total cost per delegate of attendance would be £695 plus VAT.  Accordingly, he recommended that the Committee authorise the attendance at the conference of the Chairman, the Deputy Chairman, the Director of Health and Environmental Services and the Head of Building Control (or their nominees) and, in recognition of his work in attaining the position of Chairman of the Northern Ireland branch, to approve also the attendance at the conference of Mr. J. Cunningham.

            The Committee adopted the recommendation.

            The Committee noted the list of licensing applications which had been granted under the delegated authority of the Director of Health and Environmental Services. 

The Committee considered the undernoted report:

“1        Relevant Background Information

1.1       Members will recall that, at your meeting on 16 April, you were advised that an anonymous objection had been received against the applications for the transfer and renewal of the Entertainments Licence for Mynt nightclub.

Premises and Location            Ref. No.                       Applicant            

Villa (formerly Mynt)               WK/201201878 Lawrence Bannon

2-6 Dunbar Street                                                        5 Donegall Park Avenue

Belfast, BT1 2LH                                                         Belfast, BT15 4EU

1.2       The objection raised issues around the management of the premises and their links to Mr Ryan Morton and Mr Daniel Morton who had, in the past, been the subject of legal proceedings by the Council.

1.3       After consideration, you agreed to exercise your discretion to consider the objection and to ascertain the roles of the various personnel involved in the operation and management of the business.

1.4       The previous licensee for Mynt was also Mr Lawrence Bannon in his capacity as a director of Metropolitan Inns (NI) Limited. However, Members may recall that Metropolitan Inns (NI) Limited entered into administration in November 2012 hence the reason for the transfer application.

            2          Key Issues

2.1       In association with the transfer and renewal applications, extensive refurbishment works took place and the premises were closed for some time.

2.2       The works have recently been completed to the satisfaction of the Service and the venue reopened on 28 March 2014.  A variation application was not required as there was no increase in occupancy or extension to the permitted hours to provide entertainment.

2.3       The Building Regulations application received for the refurbishment works is in the name of Ms Lauren Morton of Newgate Inns Limited.  Ms Lauren Morton is the daughter of Mr Daniel Morton. The directors of Newgate Inns Limited are Ms Lauren Morton and Ms Alana Fox, who will both be working in the club.

2.4       Mr Bannon submitted a letter to the Service in response to the objection. A copy of this letter is attached.

2.5       Mr Bannon has confirmed that the new enterprise is a joint venture between himself and Newgate Inns Ltd. Whilst he is still the owner of the property he has leased the premises to Newgate Inns Limited for a period of 10 years to help with the business going forward and to provide some financial assistance. Whilst it is a joint venture he will be the operations director, responsible for the ‘day to day’ running and management of the business including entertainment licensing and all compliance matters.

2.6       Mr Bannon has also confirmed that both he and Newgate Inns Limited will make joint financial decisions including staff appointments and dismissals.

2.7       The Service has also been advised that Mr Ryan Morton’s only role will be promoting the club and that both Mr Daniel Morton and Mr Ryan Morton will play no part in the management of the club.

2.8       Mr Bannon has confirmed that he will be present at your meeting in order to address the Committee and answer any questions the Committee  ...  view the full minutes text for item 6.

            The Committee considered the undernoted report:

“1.0      Relevant Background Information

1.1        Applications were received on 20th February from the Department for Social Development for the renewal and variation of the Seven-day Annual Outdoor Entertainments Licence for Custom House Square.

1.2        The outdoor licence is based on the Council’s standard conditions to provide outdoor musical entertainment. However, there is also an indoor Entertainments Licence in place at the venue to facilitate the holding of events in a marquee based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

            Venue and Location        Ref. No             Applicant

            Custom House Square    WK/201400221  Mr Michael Pettigrew

            Belfast, BT1 3GB                                     (DSD)

                                                                           4th Floor    Oxford House

                                                                           49-55 Chichester St.

                                                                           Belfast, BT1 4HL

1.3        Members are advised that both of these Entertainments Licences has been in place since the Square was redeveloped in 2005.

1.4        Members may recall that an objection was received last year to the renewal of the Outdoor Entertainments Licence from a resident of the Square acting on behalf of the Custom House Residence Management Board.

1.5        On 17th April, 2013, the Committee heard representations from the licensee and the objector and, having considered all the matters, agreed to renew the Licence subject to the following condition that:

·         Entertainment be restricted to no more than three successive nights in any given seven day period, with exceptions being made for Bank and Public Holidays.

1.6        However, due to information which came to light after your meeting ,you agreed to reconsider this decision at your meeting of 19 June 2013 and receive a delegation from the licensee and the promoter of the Belsonic event.

1.7        After reconsidering the application and information presented on 19 June 2013, you agreed to amend the original condition regarding the permitted number of nights of successive entertainment, as follows, that:

·         Entertainment be restricted to no more than three nights in any given seven day period, with an exception being made for Bank or Public Holidays when an additional night will be permitted in that seven day period.

1.8        Specifically for last year’s Belsonic event, you also agreed that they could provide two additional nights of entertainment on Tuesday 20 and Wednesday 21 August in addition to the standard restriction relating to the provision of entertainment in any 7 day period. Entertainment was also permitted to be provided to midnight on Sunday 25 August, which was the bank holiday weekend.

1.9        The promoters of Belsonic have confirmed with the Service that, whilst this year they will not be providing entertainment beyond the standard hours, they would like the possibility of providing an additional night over and above the days as specified in para 1.7.  They may not require this extra night but need the assurance that if they secure an act they can accommodate the extra night in their programme.  If approved the number of nights this year will be less than granted in 2013.

1.10      The standard days and hours for both the Outdoor  ...  view the full minutes text for item 7.

            The Head of Building Control submitted for the Committee’s consideration the undernoted report:

“1.0      Relevant Background Information

1.1        An application was received on the 13th May from the Parks and Leisure Department of the Council for the renewal of a fourteen-day Occasional Outdoor Entertainments Licence for the Playing Fields on the Boucher Road.

            Venue for Licence                    Ref. No.               Applicant

            Boucher Road Playing Fields   WK/201400850     Ms Rose Crozier

                                                                                       Parks & Leisure

                                                                                       Department

1.2        The current days and hours during which outdoor musical entertainment is permitted to be provided are:

·         Monday to Sunday:   11.30 a m to 11.00 pm.

1.3        In addition, there are special conditions attached to the licence which:

1.     Enables a maximum occupancy figure to be set by the Building Control Service depending upon individual concert set up proposals, and

2.     Requires a promoter, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and must demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The noise management plan must be agreed to the satisfaction of Council officers and any failure to comply with the requirements set out therein shall be considered to be a breach of the licensing conditions, and

3.     Allows the licensee to apply for additional hours, later than 11.00pm, which may or may not be granted by Committee dependent upon any noise issues which may have arisen from previous events.

1.4        Last year’s Tennents Vital took place on Wednesday 14th, Thursday 15th and Friday 16th August and featured world class acts including Kings of Leon, Snow Patrol and Avicii.

1.5        A total of 23 complaints were received last year with 17 received during the 3 days of the concerts and the remaining 6 arriving after the event. The majority of complaints were received from residents within the immediate areas around the venue. This was significantly less than the 231 complaints received from the 2 day event held in 2012.

1.6        The complaints related to noise disturbance from the concerts and anti-social behaviour, mainly as a result of the Friday night Avicii concert, which had a considerable number of young patrons attending.

2.0        Key Issues

2.1        Members may be aware that the Parks and Leisure Committee have already been informed of this year’s event and, at their meeting of the 10th April 2014, agreed for MCD to hold up to 3 concerts at the venue between the 21st and 25th August 2014.

2.2        This was subject to and on condition that the event organisers resolve all operational issues to the Council’s satisfaction, that an appropriate legal agreement is completed and that the event organisers meet all statutory requirements including entertainment licensing.

            Tennents Vital 2014

2.3        For this year’s event The Killers will perform on Thursday 22nd August and on Sunday 24th August the headline act will be David Guetta. All headline acts will be supported  ...  view the full minutes text for item 8.

            The Committee was advised that an application had been received from the organisers of Feile an Phobail to hold a 10 day music event within a marquee at the Falls Park from 1st till 10th August.  The event would be promoted as a celebration of community, creativity, arts and sports.  It had operated from different venues in West Belfast since 1988 but had been established in the Falls Park for the previous 3 years.  The Falls Park currently had a 7-day annual outdoor entertainments licence and a 14-day occasional licence for a marquee and both had been used to hold numerous types of events.  The licences were held by the Parks and Leisure Department of the Council and were transferred to the promoter for the duration of their events.

            The Head of Building Control pointed out that the days and hours during which entertainment might be provided, both outdoors and in a marquee, were Monday – Sunday from 11:30a.m. – 11.00p.m.  In addition, special conditions had been attached to the licence in respect of capacity and in relation to the organisers dealing with any complaints arising from events and the actions to be taken by the Council should complaints be received.

            The Head of Building Control reported that the organisers had requested that the Committee give consideration to permit 5 nights of entertainment to run beyond 11.00p.m. until 12.00 midnight on 1st, 2nd, 7th, 8th and 9th August.  He pointed out that that was marginally less additional hours than the licence had been granted for in relation to the previous year’s event.

            After discussion, the Committee agreed, in its capacity as Licensing Authority, that, subject to all technical requirements being met to the satisfaction of Council officers, the standard hours on the 14-day occasional outdoor entertainments licence for the Falls Park be extended to enable entertainment to take place within a marquee on 1st, 2nd, 7th, 8th, and 9th August, 2014, till 12.00 midnight.

            The Committee was advised that an application had been received from the Ardoyne Fleadh Project for the renewal of the 7-day annual outdoor entertainments licence for the Holy Cross Boys’ Primary School.  The licence was based on the Council’s standard conditions to provide outdoor musical entertainment and the standard days and hours were Monday – Sunday, 11:30a.m. – 11:00p.m. 

            The Head of Building Control reported that, in addition to the renewal application, the applicant was also requesting permission to run each night of this year’s event beyond the standard hours of 11.00p.m. until 12.00 midnight.  The organisers proposed to hold the event over 3 days from Friday, 22nd – Sunday, 24th August, 8.00p.m. – 12.00 midnight.  The organisers had advised that the primary purpose of the licence was to provide a facility for the school and local Community Centre to hold outdoor events and provide entertainment in a controlled, managed and safe environment.  He pointed out that the Ardoyne Fleadh Project was now in its 23rd year and played host to a number of local acts of music, drama, comedy and family entertainment.  The organisers had informed the Building Control Service that the acts for this year’s event had still to be confirmed, however, they were expected to be of the same nature and genre as in previous years.

            The Head of Building Control reported that public notices of the applications had been placed and that no objections had been received within the 28 day statutory period.  However, the Police Service of Northern Ireland had been consulted also and at present its response was outstanding. 

            After discussion, it was

            Moved by Councillor M.E.Campbell,

            Seconded by Councillor Beattie,

            That the Committee agrees, in its capacity as Licensing Authority, to defer consideration of the renewal of a 7-day annual outdoor entertainments licence until a response had been received from the Police Service of Northern Ireland but that the application for additional hours be granted under the current licence, with entertainment being permitted until midnight on the nights of Friday 22nd, Saturday 23rd and Sunday 24th August, 2014.

            On a vote by show of hands five Members voted for the proposal and five against.  There being an equality of votes the Chairman (Councillor Ekin) exercised his second and casting vote for the proposal and it was accordingly carried.

            The Committee was advised that an application had been received from Mr. P. Bannon for the renewal and variation of a 7-day annual entertainments licence for the Beehive Bar based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind. 

            The Committee was advised that the area of the premises licensed to provide entertainment was the ground floor, with a maximum capacity of 280 persons.  The days and hours during which the premises were currently licensed to provide entertainment on the ground floor were Sunday 12:30p.m. – 12.00 midnight and Monday - Saturday 11:30a.m. – 1:00a.m. the following morning. 

            The Committee was advised that the premises operated as a public house with entertainment currently provided in the form of a disco on a Friday, Saturday and Sunday.  The nature of the variation was to increase the hours during which entertainment might be provided on Thursday, Friday, Saturday and Sunday night until 3.00a.m. the following morning. 

            The Committee was reminded that the normal process for dealing with Entertainments Licence renewals, which were not subject to objections, was that the Director of Health and Environmental Services would grant the licence as provided for within the Council’s Scheme of Delegation.  However, in light of the fact that the applicant had also applied for a variation to extend the hours of entertainment past 1.00a.m., both applications were being presented to the Committee for consideration.

            The applicant had stated that the variation to extend the permitted hours was required for the following reasons:

·         The industry was enduring hard times and it was a very competitive market;

·         A 3.00a.m. licence on the requested days would enable the venue to remain competitive within the market it was placed;

·         A 3.00a.m. licence would provide a unique selling point for the venue in the area it was located; and

·         It would also place the venue in a better position to compete on an even playing field with competitors within the Greater Belfast Area and the City Centre.

            In support of the application, the applicant had advised that he would employ extra door supervisors when entertainment was taking place and would have an arrangement with a local taxi company to help ensure patrons dispersed quickly after the bar closed.  Initially, the applicant was also proposing to only provide entertainment on Saturdays until 2.00a.m. and Sundays until 1.00a.m. if the variation was granted.  The Committee was informed that no written representations had been received in relation to the application and that the Police Service of Northern Ireland had not objected.

            It was reported that the applicant, Mr. P. Bannon, was in attendance and he was admitted to the meeting and welcomed by the Chairman. 

            In response to a question from a Member, Mr Bannon reiterated the reasons for requesting the variation to the licence.  In addition, he indicated that he was willing to accept, on a trial basis, lesser hours, that is, opening until 2.00a.m. on Thursday, Friday and Saturday and until  ...  view the full minutes text for item 10.

            The Committee was advised that an application had been received for the grant of a 7-day annual outdoor entertainments licence for the Dirty Onion and Yardbird.  The applicant proposed to provide entertainment in the external beer garden which was located to the front of the premises.  The capacity of the area had still to be finalised but would be approximately 250 persons.  It was expected that technical issues would be resolved shortly as part of ongoing discussions. The Committee was advised that the maximum indoor occupancy for the premises was 240 persons and that would be considered in conjunction with number of patrons which might be accommodated in the outdoor area and how both areas were to be managed.

            The Head of Building Control reported that the days and hours during which entertainment was proposed to be provided were the same as were applicable to the indoor Entertainments Licence and were as follows:

            Monday – Saturday - 11.00a.m. till 1.00a.m. the following morning; and

            Sunday                      - 12:30p.m. till 12.00a.m. the following morning.

            The applicant had advised that, if a licence was granted for the outdoor area, it was his intention to provide entertainment in the form of live bands or a DJ through the in-house speaker system.

      Resolved – That the Committee, in its capacity as Licensing Authority, agrees to approve the application for the grant of a 7–day Annual Outdoor Entertainments Licence for the Dirty Onion and Yardbird, 42 Waring Street.

            The Committee was advised that an application had been received from Mr. F Brady for the renewal of a 7-day annual entertainments licence for the Ulster Maple Leaf Sports and Social Club based on the Council’s standard conditions to provide music, singing, dancing or other entertainment of a like kind. 

            The Committee was advised that under the terms of the Local Government (Miscellaneous Provisions) Northern Ireland Order 1985, in considering any application for the grant, renewal, or transfer of an Entertainments Licence, the Council must have regard to any conviction of the applicant of any offence under the Order within the period of 5 years immediately preceding the date when the application was made.  The Head of Building Control advised the members that Mr. F. Brady, Honorary Secretary of the Club, had been convicted of an offence under the Order at the Belfast Magistrates Court on 20th April, 2010, after a performance inspection had found that two of the final exits had been blocked, which would have prevented a safe means of escape from the premises in the event of an emergency.  As a result, Mr. Brady had been fined £500 and the Council awarded costs of £66 for the offence.  He pointed out that previous applications to renew the Entertainments Licence had all been approved. 

      Resolved – That the Committee, in its capacity as Licensing Authority, agrees to  approve the application for the renewal of the 7-Day Annual Entertainments Licence for the Ulster Maple Leaf Sports and Social Club, 41-43 Park Avenue.

            The Committee was reminded that, at its meeting on 16th October, 2013, it had granted a stationary street trading licence to Miss M. Szczesna to sell various goods from a traditional market stall from Monday till Sunday at Berry Street.  The annual fee for the licence was £1017 and on being granted the licence Miss Szczesna had agreed to pay the fees on a monthly basis which was £84.75 per month. 

            The Head of Building Control reported that, however, shortly after the licence had been granted the Department for Social Development had commenced works on the redevelopment of Bank Square in January, 2014 and Berry Street had been utilised as an access area for the works for approximately 3 months.  As a result, the street trading sites located in the area were unavailable for use, Miss Szczesna had been advised that when she had made her application, in line with Council policy, where circumstances might arise which renders a street trading pitch unsuitable, including when road works do not permit trading, alternative available designated sites might be offered.  However, Miss Szczesna did not avail of any of those sites offered and instead had chosen not to trade during the period. 

            The Head of Building Control explained that the Berry Street site had been unavailable from January, 2014 to March, 2014 and she had not been charged for her licence fee for that period.  In April, 2014 she had been advised further that the site was now available and she could commence trading again and that her monthly licence fees would resume.  However, Miss Szczesna did not resume trading and was currently not responding to telephone calls, emails or letters.  She was licensed until December, 2014 and no payments had been received.  As a consequence, the amount owed was now £254.25.  He explained that the Street Trading Act (N.I.) 2001 stipulated that, at any time after a licence had been granted, the Council could, in certain circumstances, revoke a licence.  Such circumstances included, as in this case, the non-payment, without reasonable explanation, of fees and charges due to the Council.  He explained that should the Committee be minded to pursue that course of action, the aforementioned act required that she be provided with advance notification to that effect and be invited to either make representation to the Council or attend a future meeting in person. 

            After discussion, the Committee agreed that it was minded to revoke the Mobile Street Licence held by Miss Szczesna permitting her to trade in Berry Street and agreed that she be invited to make representation to the Committee regarding its decision. 

            The Committee was reminded that, at its meeting on 19th March, it had agreed that it was minded to revoke Stationary Street Licences held by Mr. J. Kerr, in respect of the designated sites at Fountain Lane and Fountain Street and agreed that he be invited to make representation to the Committee regarding its decision.  

            The Committee was advised further that, since that decision, all outstanding payments had now been made and a representative for Mr. Kerr was in attendance should the Committee wish to receive her. 

            After discussion, the Committee agreed to rescind its decision of 19th March and agreed further not to revoke the Street Trading Licences held by Mr. J. Kerr for Fountain Lane and Fountain Street. 

            The Committee was reminded that, at its meeting on 19th March, it had agreed that it was minded to revoke the Mobile Street Licence held by Mr. T. Horner permitting him to trade in the Ormeau, Malone, Windsor and Skegoneill areas and agreed that he be invited to make representation to the Committee regarding its decision.  Mr. Horner had since been advised of the Committee’s decision but no written representation had been received.  However, since the meeting on 19th March, when the Committee had been advised that the amount outstanding had been £626.00, it was reported that the amount owed stood now at £145.00.

            The Committee agreed to defer consideration of the matter for a period of two months to enable Mr Horner to complete the payment of the arrears on the Mobile Street Trading Licence. 

            The Head of Building Control reminded the Committee that, at its meeting on 19th March, it had agreed that it was minded to revoke the Mobile Street Trading Licence held by Mr. T. Seenan permitting him to trade in the Andersontown, Ladybrook, Suffolk and the Turf Lodge areas and agreed that he be invited to make representation to the Committee.  Mr. Seenan had been informed of the Committees decision and, to date, no written representation had been received.  The amount which remained outstanding had since increased from £623.37 to £843.87. 

            The Committee agreed to affirm its decision of 19th March and revoke the Street Trading Licence held by Mr. T. Seenan for the sale of ice cream, confectionary and non-alcoholic beverages in the Ladybrook, Turf Lodge, Suffolk and Andersontown areas. 

            The Committee agreed to the holding of a special meeting to consider representations to an application for the grant of an Amusement Permit at Onassis Amusements, 2nd Floor, 25-41 Botanic Avenue and that the applicant and/or his representative, together with any objectors, be invited to attend.