Agenda and minutes

            Apologies for inability to attend were reported from Aldermen Smyth and Stalford and Councillors Hussey, L. Patterson and Webb.

            The minutes of the meeting of 16th May 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 June, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            The Committee extended its congratulations to Alderman Stalford and his wife on the recent birth of their son.

          No declarations of interest were reported.

            The Committee was advised that the Police Service of Northern Ireland had contacted the Council indicating that it had developed a “traffic light” categorisation system which would be utilised to report violent crimes emanating from licensed premises.  That system was based on an award winning model used by Cardiff City Council and that Council had confirmed that the system had been instrumental in assisting it to improve the management and safety associated with its night-time economy.  The Police Service had provided the presentation to the members of ‘Pubs of Ulster’ and to a partnership group, which had been led by the Health and Social Services Trust.

            The Director explained that the information which could be obtained from the traffic light matrix could form a part of any evidence which the police could present in its objections to applications for the renewal and/or extension of entertainments licenses.  Accordingly, she recommended that the Committee agree to receive at a future meeting a presentation from the Police Service of Northern Ireland in this regard.

            The Committee adopted the recommendation.

            The Committee noted that the Health and Environmental Services Committee, at its meeting on 6th June, had agreed that, Mr. J. Cunningham, the Regulatory Services Manager, be appointed to the Chair of the Institute of Licensing in Northern Ireland.  In addition, the Committee congratulated Mr. Cunningham on his appointment.

            The Committee considered the undernoted report:

“1    Relevant Background Information

1.1At your meeting on 10th August 2010, Members were advised of impending changes that the Department of Health, Social Services and Public Safety (DHSSPS) were intending to make to fire safety regulations for Northern Ireland. The purpose of these changes was to introduce a modern risk based approach to fire safety, simplify compliance and give effect to EU Directives in line with the rest of the UK.

1.2Prior to the introduction of the Fire and Rescue Services (Northern Ireland) Order 2006, (the 2006 Order), fire safety legislation was fragmented and enforced by a number of different agencies. The enactment of Part III of the 2006 Order and the introduction of the Fire Safety Regulations (Northern Ireland) 2010 (the 2010 Regulations) created a change in fire safety enforcement duties for Northern Ireland Fire and Rescue Service (NIFRS) and for local councils.

1.3The new fire safety regulations place a duty on employers or owners to carry out a fire risk assessment (FRA) on their premises and to take such fire safety measures as to ensure the safety of persons on the premises from fire in order to satisfy the legislation and the requirements of the licensing authority and NIFRS.

1.4Councils, when issuing an entertainments licence, are required to consider fire safety as part of the conditions of issue and ongoing management of the premises.

1.5The NIFRS Board is responsible for enforcing fire safety duties and NIFRS acts as an enforcing authority on behalf of the Board.

1.6During the consultation process into the proposed changes to fire safety regulations it became apparent that the arrangements, as envisaged, would cause a barrier to the effective performance of district councils in relation to their licensing functions, particularly in the context of licensing places of entertainment, cinemas and premises for the purposes of performing civil marriages and/or civil partnership registrations. This was due to the fact that under the 2006 Order any fire safety terms or conditions that were placed on licences by councils would be void. The only body who could take action in respect of fire safety matters would be the NIFRS.

1.7Members will be aware that officers of the Building Control Service carry out late night during performance inspections of theatres, clubs, bars and other venues to ensure the safety of the public and compliance with the terms and conditions of Entertainments Licences.

1.8Should Licensing Officers no longer have the power to take action in respect of fire safety matters, such as discovering a locked fire exit, without referring the matter to the NIFRS the safety of the public would, in our view, be serious compromised.

1.9Also, the NIFRS have moved to a system of risk based audits to inspect all premises. It is likely that, based on advice from the NIFRS, they will only audit a licensed premise once in a 3 year period. On the other hand, Licensing Officers will inspect a  ...  view the full minutes text for item 7.

            The Committee noted a 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

1.1At its meeting on 22nd September 2008, having considered all of the representations made, the Committee agreed to designate three sites at Donegall Quay beside the Lagan Lookout building as a place in respect of which it might grant three individual Stationary Street Trading Licences for the sale of commodities including hot and cold food and beverages, confectionery, tourist gifts and other services.

1.2As the Belfast City Centre Regeneration Directorate of the Department for Social Development are the landowner and the area is also a significant public space, it was agreed that the Council would seek DSD’s opinion on street trading licence applications for the sites to ensure they would be willing to give permission to the applicant to use their land for the proposed purpose.

1.3The Council has now received two separate applications for two of the three sites, both of which comply with the designating resolution for the sites. Thedetails of the applications are outlined below:

      Site 1

1.4Mr. George Grimley has applied to sell tour, event and concert tickets,souvenir Tee shirts and caps, at one of the sites in Donegall Quay, from a small trailer unit measuring 3m x 1.5m.

1.5His proposed hours of operation are as follows:

      Monday to Saturday from 9.00 a.m. to 9.00 p.m., and

      Sunday from 10.00 a.m. to 9.00 p.m.

1.6DSD Belfast City Centre Regeneration Directorate has met with Mr. Grimley and agreed in principle that he can trade from one of the sites subject to obtaining a Street Trading Licence.

1.7Mr. Grimley will also have to enter into a licence agreement with DSD for the use of their land.

      Site 2

1.8Miss Sinead Hyndman has applied to sell cold food, confectionery, hot and cold non alcoholic beverages, tour tickets and postcards at one of the sites in Donegall Quay, from a silver Citroën HY van measuring 4.25m x 2m.

1.9Her proposed hours of operation are as follows:

      Monday to Saturday from 8.00 a.m. to 6.00 p.m., and

      Sunday from 11.00 a.m. to 6.00 p.m.

1.10  The size of the stall is larger than a normal City centre street trading pitch which is 3m x 1.5m (4.5sqm) as stated at Section 5.4 of the Stall Design Policy. Members are however advised that Section 5.9 of the Policy allows in any individual case, and for whatever reason, that Committee may decide to grant a design which varies from the agreed Policy and that such a decision would not be taken to have created any kind of precedent in respect of future applications. The Committee has previously granted licences for larger pitch sizes at a number of different locations in the City centre.

1.11  There are no objections to the larger stall size.

1.12  DSD Belfast City Centre Regeneration Directorate have met with Miss Hyndman and agreed in principle that she can trade from one of the sites subject to obtaining a Street  ...  view the full minutes text for item 9.

            The Committee considered the undernoted report:

“1    Relevant Background Information

1.1The Council has received two separate and competing street trading licence applications for the site in Donegall Square North which is situated at the front of City Hall, close to its junction with Donegall Square West.

1.2Members are reminded that consideration of competing Street Trading Licence applications is a matter for this Committee and not delegated to the Director of Health and Environmental Services in the Council’s Scheme of Delegation.

1.3Members will recall that, further to your meeting on 15th February 2012, you agreed to change the designated commodities for this site to allow that a variety of commodities could be determined but to prohibit the sale of hot food and bus tour tickets. Both of the applications comply with the designating resolution for the site.

1.4Details of the applications are outlined below:

      Applicant 1

1.5Miss Christina Rea has applied to renew her Street Trading Licence to sell flowers and plants. Miss Rea has held the Licence for one year.

 1.6     Miss Rea has applied to sell the additional commodities of arts and crafts, hair accessories, health and beauty products, cosmetics, perfumes and toiletries, pop and sport memorabilia, wrapping paper and cards, jewellery, sun glasses, umbrellas, fancy dress costumes, stationary, novelty items; e.g. LED/glow products, CD's, seasonal items; e.g. Christmas novelties, religious and cultural merchandise, mobile phone covers and accessories, fruit and vegetables, fresh fruit juices and smoothies, slush puppies, hot and cold beverages, cold foods, walking tour tickets and event tickets, all from a traditional market type stall measuring 3m x 1.5m.

1.7Her proposed hours of operation are as follows:

      Monday to Saturday from 9.00 a.m. to 9.00 p.m.; and

      Sunday from 10.00 a.m. to 5.00 p.m.

1.8Miss Rea has held the licence for this site from 1st February, 2011. Our records indicate that when we have carried out 5 routine site inspections Miss Rea has not been trading during this period. Members are advised that the general Terms and Conditions of a street trading licence states that ‘the Licence holder shall avail himself to a reasonable extent of his right to trade under this licence’.

1.9As such, Miss Rea was asked to provide evidence that she had traded at the designated site during the period she was licensed or to provide any reason why she did not trade.

1.10    Following the request for evidence of trade, Miss Rea’s father, Mr Joseph Rea (a licensed trader) was found to be trading at the site under Miss Rea’s licence on 17 March 2012.

1.11    In a letter to the Council (attached) Miss Rea has stated that the sale of flowers and plants is no longer providing a profitable income. She states that she traded on three occasions during the period of her licence; on Saturday 2nd April, 2011 for Mother’s Day, Saturday 24th December, 2011 for Christmas, and on Tuesday 14th February 2012 for Valentine’s Day and on each occasion  ...  view the full minutes text for item 10.

            The Committee considered the undernoted report:

“1.0Relevant Background Information

1.1Notification has been received from the organisers of Belsonic to hold a 10 day music event running from 15th to 26th August at Custom House Square.

1.2Custom House Square hosts numerous and varied musical and cultural events throughout the year and is the responsibility of the Department for Social Development, which holds a Seven-day annual licence permitting outdoor entertainment and entertainment in a marquee.

1.3The standard days and hours, during which Custom House Square is currently licensed to provide entertainment are:

      Monday to Sunday:   11:30 a.m. to 11:00 p.m.

1.4In addition, a special condition on the Custom House Square licence allows the licensee to apply for additional hours, later than 11:00pm, which may or may not be granted dependent upon any noise issues, which may have arisen from previous events there.

      Extended hours previously granted to Belsonic

1.5Members may recall that at your meeting on 22nd June 2011, you considered an application from Belsonic Limited to hold a 10 day outdoor music event, with 4 of those nights providing entertainment beyond the 11:00 p.m. standard licence hours at Custom House Square.

1.6At the same meeting, Committee also agreed that the Open House Festival could provide entertainment at the Square beyond the 11:00 pm standard licence hours at Custom House Square on 2 nights.

1.7Members may also recall that, at your meeting on 17th February 2010, you agreed that Belsonic could hold a 3 day outdoor music event which also extended beyond the 11:00pm standard licence hours. Then, at your meeting on 16th June you agreed to an extended event and that 6 of the additional 9 nights could run to midnight or later in August 2010.

1.8However, the following specific conditions were also attached: 

·        prior to the event proceeding, the promoters of Belsonic are required to demonstrate evidence of early consultation in relation to the intended event.

·        the event is staged subject to the promoter using the advanced technology sound system described in their supporting letter.

·        a robust system, agreed in advance with the Council, to deal with any complaints from local residents over the course of the event is put in place.

·        if a significant number of complaints are received about noise or the complaint is of such significant impact, then the finishing time for subsequent evenings of the event will be reduced and the promoter should make contingency arrangements for this eventuality.

1.9At those meetings, the Service advised Members that there had been an increasing number of applications from promoters to hold outdoor events late into the evening, often at locations that are close to residential premises. Whilst recognising that such outdoor music events can bring enjoyment to hundreds and in some cases thousands of people and boost the overall ‘vibrancy’ of a city, it was also highlighted that noise from these events has the potential to cause widespread disturbance to those living and working in the vicinity.

1.10  ...  view the full minutes text for item 11.

The Committee considered the undernoted report:

“1.0Relevant Background Information

1.1Applications have been received from the organisers of Féile an Phobail to hold an 11 day music event running from Thursday 2nd to Sunday 12th August at Falls Park.

1.2The Park currently has an Outdoor Entertainment Licence in place and has been used to hold numerous types of events throughout the year. The Licence is the property of the Parks and Leisure Department of the Council and is transferred for each event to the promoters. The Licence is a Seven-day Annual Entertainments Licence permitting outdoor entertainment and entertainment in a marquee.

1.3The standard days and hours for Outdoor Entertainments Licences and those during which Falls Park is currently licensed to provide entertainment are:

          Monday to Sunday:   11:30 a.m. to 11:00 p.m.

1.4In addition, a special condition on the Falls Park Licence allows the licensee to apply for additional hours, later than 11:00pm, which may or may not be granted dependent upon any noise issues, which may have arisen from previous events there.

1.5The festival was first established in 1988 and has operated from different venues in West Belfast since then, such as Beechmount Leisure Centre, Andersonstown Leisure Centre and Falls Park. The organisation has also previously held several open-air concerts at Falls Park and operated within the conditions of the Entertainment Licence.

1.6The event is a celebration of the creativity and energy of the local community and its passion for the arts and sport.  The Féile is also aimed at providing events and entertainment at an affordable price for the community.

1.7The event consists of an opening carnival parade of floats, bands and GAA clubs walking to an open-air venue and music events taking place from various venues throughout West Belfast including from an open-air venue.

1.8Over the years, Féile an Phobail has grown to be regarded as one of the largest community festivals in Europe. The carnival parade routinely brings together over 20,000 participants for a colourful, musical procession with specially-designed floats representing a chosen theme, dancers and children in costume and face-masks.

1.9It has grown from a one-week festival into a year-round programme with many events.  It established the first ever children's arts festival in Northern Ireland, called the Draíocht Children's Arts Festival, with activities ranging from sports to multi-cultural and educational events through both Irish and English.

1.10    In May 2009, Féile an Phobail launched Belfast's first dedicated comedy festival, Laugh at the Bank which has also been operating every year since then.

      Féile an Phobail Festivals

1.11    Féile an Phobail runs numerous festivals throughout the year and are as follows:

·       August Féile - oldest project. Among Europe's largest community festivals.

·       Féile an Earraigh - Springtime Irish traditional music festival.

·       Draíocht - annual children's festival beginning in mid-October.

·       Laugh at the Bank - Belfast's first comedy festival.

1.12    Members may also be aware of a new piece of legislation, which came into force in Northern Ireland on 1st  ...  view the full minutes text for item 12.

            The Committee was advised that an application had been received from the Council’s Parks and Leisure Department for the grant of a Seven-day Annual Entertainments Licence (Outdoor and Indoor) in respect of the Boucher Road Playing Fields.

            The Head of Building Control reported that an Entertainments Licence had been granted previously during 2008 for the Playing Fields.  However, it had expired during 2010.  The standards hours and days for both an outdoor Entertainments Licence and for an Indoor Licence for a marquee were Monday to Sunday from 11.30 a.m. till 11.00 p.m.

            He pointed out that the current application related to two separate events which would be held during August and that the organisers of one of the planned events wished to operate beyond 11.00 p.m.  He reminded the Committee that the new legislation, which came into force in Northern Ireland on 1st April, 2012, namely, the Clean Neighbourhoods and Environmental Act (Northern Ireland) 2011, extended the Council’s powers under the Noise Act 1996, which applied night time noise control between the hours of 11.00 p.m. to 7.00 a.m. for noise from residential dwellings, to include night time noise control over other ‘offending premises’.

            The Head of Building Control advised the Members that the Parks and Leisure Committee, at its meeting on 14th June, had granted approval for the use of the Boucher Road Playing Fields for two separate events to be held at that site during August, subject to the event organisers meeting all statutory requirements, including Entertainments Licensing.  He pointed out that the Tennent’s Vital Festival was scheduled to take place during the period from 21st till 22nd August and that 45,000 tickets had been made available for sale for each night, with entertainment planned to last from 6.00 p.m. until 10.45 p.m.  He reported that the promoter had extensive experience of organising outdoor events and had organised many other events in Belfast, such as Tennent’s Vital Concerts at the Botanic Gardens and Ormeau Park.

            The second event, which would take place over three days in a marquee during the period from 10th till 12th August, which was entitled ‘Quay Vipers MCC 11th Snakebite Rally’, would be held at the following times:

            Friday, 10th August:                7.15 p.m. – 1.00 a.m., the following morning;

            Saturday, 11th August:           6.45 p.m. – 1.30 a.m., the following morning; and

            Sunday, 12th August:              6.30 p.m. – 11.00 p.m.

            The Snakebite Rally was an annual event within the local motorcycle fraternity and had been held at various locations such as the Drumnagreagh Hotel and Benone Beach.  The organisers had agreed to reduce the hours of entertainment from their original submission to 11.00 p.m. on the final night but had requested that they retain the late hours for the other two nights in order to maximise the appeal of the event which had run to this time in previous years within other Council areas.

            The Head of Building Control reported that no written representations had been lodged as a result of the public notices.  In  ...  view the full minutes text for item 13.

Committee considered an application for the grant of a Seven-day Annual Outdoor Entertainments Licence in respect of the above-mentioned premises.

            The Head of Building Control reported that the premises was licensed currently to provide for entertainment in the following areas:

Location                                                   Maximum Capacity

·        The Merchant Hotel                            300 persons

·        The Cloth Ear                                      300 persons

·        Ollie’s Nightclub                                  550 persons

·        Ollie’s VIP                                             20 persons

·        Bert’s                                                   240 persons

·        Conference Room 1                            100 persons

·        Conference Room 2                              60 persons

·        Conference Room 3                              60 persons

·        4th Floor Lounge                                   40 persons

            He pointed out that the days and hours during which the premises was licensed to provide entertainment was:

            Monday till Saturday:              11.30 a.m. till 1.00 a.m.

            Sunday:                                   12.30 p.m. till 12.00 midnight

            In addition to the above hours, Ollie’s nightclub was licensed to provide entertainment until 3.00 a.m., seven days per week.  He pointed out that there was an external area to the front of the nightclub which operated currently as a smoking area and it was in that area that the applicant proposed to be licensed to provide outdoor entertainment.  The maximum permitted number for this area would be 60 persons.

            The Head of Building Control reported that the normal process for dealing with entertainments licence applications which were not the subject of objections was through the Director of Health and Environmental Services, as provided for in the Council’s Scheme of Delegation.  However, at the Committee’s meeting on 21st September, 2011, it had been agreed that all future applications for outdoor entertainment be brought before the Committee for consideration.  In this regard, he stated that no written representations had been lodged as a result of the public notices.  Within the past twelve months, three inspections had been carried out in the premises by officers of the Building Control Service.  An inspection during June, 2011 had revealed various issues which had been resolved and subsequent inspections revealed that the conditions of the licence were being adhered to and that the management of the premises was satisfactory.

      Resolved – That the Committee, in its capacity as Licensing Authority, grants for a period of one year a Seven-day Annual Outdoor Entertainments Licence in respect of the Merchant Hotel, 16 Skipper Street to provide outdoor entertainment on Monday, Thursday, Friday and Saturday from 10.00 p.m. till 1.00 a.m.

            The Committee considered the undernoted report.

“1.0     Relevant Background Information

1.1       An application was received on 18th May, 2012 from the Parks and Leisure Department of the Council for grant of a Fourteen-day Occasional Outdoor Licence at Belfast Zoo based on the Council’s standard conditions to provide outdoor musical entertainment.

            Premises and Location    Ref. No.               Applicant

            Belfast Zoo                       WK/2012/00820   Belfast City Council

            Antrim Road                                                  Parks & Leisure Dept

            Belfast                                                                        24-26 Adelaide Street

            BT36 7PN                                                       Belfast, BT2 6DG

1.2       The Zoo currently does not hold any type of Entertainment Licence as they have never provided any Entertainment in the past.

1.3       The main purpose for the application is to allow the Zoo to hold eight performances which will take place over six days running from Friday 10th August to Sunday 12th August and Friday 17th August to Sunday 19th August, 2012. The event is an operatic performance by NI Opera of Benjamin Britten’s ‘Noye’s Fludde’ which will be provided during the Zoo’s normal operating times and will be ticket only.

1.4       The area proposed to be licensed to provide Outdoor Entertainment is the area at the side of the Zoo’s lake and a purpose built stage which will be built over the lake and secured on the hard standings around it.

1.5       They propose to face the stage towards the playground area, which will allow the audience to sit on the grass surrounding the lake to ensure they have a good view of the performance.

1.6       There is a slight ‘amphitheatre’ cambering on the grass area at this point and the organisers would like to maximise this for the event.

1.7       The orchestra will be located on the road in front of the ‘Sitatunga Enclosure’.

1.8       The proposed area has a maximum capacity of approximately 600 persons and only 300 tickets will initially be available for each performance, thus the area could comfortably accommodate any increased demand for ticket sales.

1.9       There will be no seating provided and guests will be seated on the lawns and grassed areas around the lake. A site plan has been appended to this report for your information.

1.10     The organisers also intend to utilise some of the Zoo’s rooms for changing rooms and a temporary marquee will be positioned at the side of the Floral Hall for the chorus.

1.11     Members should also be aware that each of the performances will be taking place during normal opening hours at the Zoo, so the audience for the performances will represent a relatively small percentage of the total number of Zoo visitors.

1.12     The applicant has advised that, if a licence is granted, it is not the intention to regularly provide entertainment and the application is mainly for this event. However, they may use the Licence for other similar events in the future.

2.0Key Issues

2.1       Members are reminded that the normal process for dealing with Entertainments Licence applications which are not the subject of objections, is that the Director of Health and  ...  view the full minutes text for item 15.

            The Committee considered the undernoted report:

“1  Relevant Background Information

1.1       Applications have been received for the renewal of Seven-day annual Entertainments Licences for the under-noted premises:

            Premises and Location  Ref. No.               Applicant

            Wellington Park Hotel     WK/2012/00555   Dunadry Development

      19-21 Malone Road                                           Company Limited

      Botanic Inn                           WK/2012/00320   Mr Gordon Harvey

      23-27 Malone Road                                           Botanic Inns Limited

      Eglantine Inn                        WK/2011/00338   Mr Robert Davis

      32-40 Malone Road                                           Wine Inns Limited

1.2       In addition, an application for the variation of the licence in respect of the Botanic Inn has been received.

1.3       Members are reminded that, at your meeting on 24th October 2011, the Committee, in its capacity as Licensing Authority, granted the renewal of Seven-day annual Entertainments Licences in respect of the Botanic Inn, the Eglantine Inn and the Wellington Park Hotel. The renewals were subject to:-

(i)    each licensee, as agreed at the meeting, adhering to the Pubs of Ulster’s voluntary code of practice in relation to drinks promotions; and

(ii)   quarterly meetings between the Building Control Service, the Lower Malone Residents’ Association and the Police Service of Northern Ireland being facilitated by the Council’s Community Safety Unit to address issues relating to the overall cleanliness of the area and the dispersal of patrons from the premises following closing time.

1.4       Wellington Park Hotel

            An application has been received from Dunadry Development Company Limited for the renewal of a Seven-day annual Entertainments Licence for the Wellington Park Hotel based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

1.5       The areas currently licensed to provide entertainment are the:-

1.   Piper Bistro, ground floor, with a maximum capacity

      of 120 persons.

2.   Mooney and Brasserie Bars, ground floor, with a maximum capacity of 600 persons.

3.   Blackshaw Lounge, ground floor, with a maximum capacity of 360 persons.

4.   Dillon Room, first floor, with a maximum capacity of 50 persons.

5.   Middleton Room, first floor, with a maximum capacity of 200 persons.

6.   McWilliams Suite, first floor, with a maximum capacity of 500 persons.

1.6       The days and hours during which the premises are currently licensed to provide entertainment are:-

            Monday – Saturday: 11.30 a. m to 1.00 a. m. the

            following morning

            Sunday:                      12.30 p. m. to 10.00 p. m.

1.7       The premises operate as a hotel with entertainment being provided for private functions from Monday to Saturday. Public discos are held in the Mooney and Brasserie Bars on Saturday nights.

1.8       Botanic Inn

            An application has been received from Botanic Inns Limited for the renewal and variation of a 7-day annual entertainments licence for the Botanic Inn based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of the like kind.

1.9       The areas currently licensed to provide entertainment are the:-

1.     Ground floor, with a maximum capacity of 550

Persons

2.     First Floor, with a maximum capacity of 500 persons

1.10     The days and hours during which the premises are currently licensed  ...  view the full minutes text for item 16.

            The Committee agreed that a special meeting be held in order to consider the renewal of a Seven-day Annual Entertainments Licence in respect of the above-mentioned premises on a date to be agreed in conjunction with the Chairman.