Agenda and minutes

            An apology for inability to attend was received for Councillor Michael Collins.

            The minutes of the meeting of 19th 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.

Councillor McCusker declared an interest in Item 3d, Application for the Grant of a 14-Day Occasional Outdoor Entertainments Licence for Holy Cross Boys Pitch, Flax Street, in that he was the applicant and was involved with the Ardoyne Association, the group organising the festival.  He left the meeting for the duration of the item.

Councillor McCabe declared an interest in Item 3e, Application to provide outdoor musical entertainment beyond 11.00 p.m. at Falls Park, in that she was an employee of the applicant, Féile an Phobail.  She left the meeting for the duration of the item.

THE MEMBERS OF THE LICENSING COMMITTEE CONSIDERED THE FOLLOWING ITEMS IN ORDER TO MAKE RECOMMENDATIONS TO THE CHIEF EXECUTIVE IN PURSUANCE OF THE POWERS DELEGATED TO HER BY THE COUNCIL ON 4TH MAY, 2021

            The Members of the Committee recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority to note the applications that had been issued under the Scheme of Delegation.

            The Members of the Committee considered the following application:

“1.0      Purpose of Report or Summary of main Issues

1.1       To consider an application for a Licence permitting the use of premises as a House in Multiple Occupation (HMO).

1.2       Members are reminded that licences are issued for a 5-year period with standard conditions. Where it is considered necessary to do so, the Committee can also impose special conditions. 

            Background

1.3       The property had the benefit of an HMO license in the name of the previous owner.

1.4       The previous licence pursuant to Section 28(2) of the Houses in Multiple Occupation Act (Northern Ireland) 2016 ‘2016 Act’ ceased to have effect on the 31st May 2019 when the property was purchased by Mr Jonathan Murray. If Mr Murray had applied for a new HMO licence before purchasing the property the existing licence would have been in place until his new licence application was determined. However he failed to do so.

1.5       On the 12th February 2021 an HMO licence application was received from the owners of the accommodation.  As this was a new application the HMO Unit consulted with the Council’s

1.6       Planning Service who on the 19 March 2021 confirmed that a Certificate of Lawful Use or Developmentwas granted with the planning reference LA04/2019/0636/LDE

1.7       The applicant applied for a Temporary Exemption Notice ‘TEN’ pursuant to Section 15 of the 2016 Act which was granted on 23 February 2021.

1.8       Officer propose the refusal of the application on the grounds of overprovision and the applicant was advised accordingly. As the proposal is to refuse the licence application, such a determination falls outside of the scheme of delegation.

2.0       Recommendations

2.1       The Members of the Committee are asked to recommend that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority to either:

                                             (i)          Grant the application, with or without any special conditions; or

                                            (ii)          Refuse the application.

2.2       If the application is refused, the applicant has a right of appeal to the County Court. Such an appeal must be lodged within 28 days of formal notification of the decision. The licence will remain in place pending the appeal. 

3.0       Main report

            Key Issues

3.1       Pursuant to the 2016 Act, the Council may only grant a licence if it is 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, are fit and proper persons;

c)     the proposed management arrangements are satisfactory;

d)     the granting of the licence will not result in overprovision of HMOs in the locality;

e)     the living accommodation is fit for human habitation and —

                                                  (i)        is suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                                 (ii)        can be made so  ...  view the full minutes text for item 7.

The Building Control Manager advised the Members that, given the current restrictions under the Health Protection (Coronavirus, Restrictions) Regulations, there remained significant uncertainty as to when live outdoor music events would be permitted and, if they were, whether mitigation measures would  be such that they would render the provision of the event unviable.  As a result, event organisers were reluctant to make a financial commitment for application costs or preparing event management information that would normally be provided to the Service prior to a report being brought to the Committee. 

He explained that, for those reasons, the following applications were being presented to Members for their consideration at this time in order to allow businesses to react to the changing circumstances, should restrictions be relaxed in the weeks ahead. 

The Building Control Manager explained that a provisional entertainments licence could be applied for and granted for premises which are to be, or are in the course of being, constructed, extended or altered if the Council was satisfied that the premises would, if completed in accordance with plans deposited, be such that it would grant the licence, subject to a Condition that it would be of no effect until confirmed by the Council.

            The Members were advised that the applicant proposed to provide entertainment within a new outdoor area in the rear service yard of Castle Court Shopping Centre, which would have direct access from Bank Square, from Monday to Saturday between 12.00pm and 1.00am the following morning, and on Sundays from 12.30pm to midnight. 

The Building Control Manager advised that no objections had been received to the public notice for the application, nor from the PSNI.  He also confirmed that a response from the NIFRS was yet to be received, however, there was time to address any technical issues with them prior to the licence being issued, should they be forthcoming. 

            He added that the applicant had produced proposals to mitigate the spread of Covid-19 which had in turn been provided to the Council’s Health and Safety Team for consideration, and that an acoustic report had been provided to the Environmental Protection Unit for evaluation. 

            In response to a query regarding the impact on two nearby churches, the applicant, Mr. Langsford, confirmed that consultation had taken place with the churches, one of which had indicated that the building had been sold.  He also confirmed that ongoing engagement would ensure that when services were running, the venue would not have entertainment available.  The Building Control Manager added that the acoustic report had made mention of a number of noise sensitive buildings in the area, and so staff would work with the applicant to ensure that sufficient engagement would take place.

            Taking into account the information presented, the Members of the Committee recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority, subject to a satisfactory response from the NIFRS and all technical requirements being met, to:

·        approve the application for the provisional grant of the 7-Day Annual Outdoor Entertainments Licence. 

·        provide delegated authority to the Director of Planning and Building Control, in consultation with the City Solicitor, to issue the licence once all necessary technical requirements relating to health, safety, welfare and amenity had been completed to the satisfaction of the Building Control Service.

Members of the Committee were asked to consider an application to provide outdoor entertainment to the side of Spud Murphy’s building at 9 Queens Road from Monday to Sunday between 11.30am and 11.00pm. 

The Building Control Manager confirmed that a public notice of the application had been placed, and, whilst no written representation had been lodged to date, the 28-day statutory period had not yet expired.  He added that the Harbour Police had no objections to the application, however, a response from the PSNI was still to be received, as was an assessment from the NIFRS pending fire safety information being provided to them.  He confirmed that an acoustic report and proposals to mitigate the spread of Covid-19 had been requested from the applicant. 

            Taking into account the information presented, the Members of the Committee recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority, subject to no written representations being received, a satisfactory response from the PSNI and NIFRS, and all technical requirements being met, to approve the application for the grant of the 7-Day Annual Outdoor Entertainments Licence. 

The Members of the Committee were asked to consider an application for the grant of a 14-Day Occasional Outdoor Entertainments Licence and for permission to provide entertainment after 11.00 pm in respect of Holy Cross Boys Pitch on Friday, 20th  August and Saturday, 21st August until 12 midnight, as part of a festival running from Tuesday, 10th August to Saturday, 21st August, 2021. 

            The Building Control Manager confirmed that, as this was the only Committee that could consider the matter prior to the event taking place, the application was being brought in advance of a number of technical matters being resolved. 

            He confirmed that a public notice had not yet been placed in the press, however, both the PSNI and NIFRS had been consulted and neither had submitted any objections, and both would be consulted again closer to the time of the event. 

            The Members were advised that Building Control staff would engage with the group in the lead up to the event to ensure that all documentation and technical information was in place, and an acoustic report would be requested to ensure that noise would not cause unreasonable disturbance to premises in the area.   It was also confirmed that the group would be required to produce a residents notification letter. 

            Taking into account the information presented, the Members of the Committee recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority, subject to no representations being received and all technical requirements being met, to approve the application for the grant of the 14-Day Occasional Outdoor Entertainments Licence and for permission to provide entertainment to the hours after 11.00 p.m. as requested. 

The Members of the Committee were asked to consider a request from the organisers of Féile an Phobail to hold a festival event within Falls Park, running from Friday, 6th August to Sunday, 15th August, 2021, and to permit the entertainment which was planned to run beyond 11pm on up to four occasions reported to be 8thAugust, 13th August, 14th August and 15th August, up to 1.00 a.m.  

            The Building Control Manager confirmed that the organisers had not finalised the artists taking part in this year’s event, and that consultation with the PSNI had also not yet taken place.  He added that, should an easing of coronavirus restrictions permit events of this nature to take place, and once a revised event management plan was submitted, the Service would engage with the PSNI regarding the event. 

            He also confirmed that an acoustic report would be requested and consulted upon with the Environmental Protection Unit. 

            The Members were made aware of 12 noise complaints that were received regarding the festival in 2019, the majority of which related to the volume of music and the finishing time of the dance event on 8th August.  The Building Control Manager confirmed that these complaints were brought to the attention of the event organisers at the time, and would be discussed further as part of their acoustic report in preparation for this year’s festival. He added that the organisers would be required to produce a suitable resident’s notification letter for distribution in the local area. 

            Taking into account the information presented, the Members of the Committee recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority, subject to a satisfactory response from the PSNI and all technical requirements being met, to agree that all four of the events should be permitted to take place beyond the standard hours of licence to 1.00 a.m.

            The Building Control Manger reminded the Committee that, at its meeting on 18th November, 2020, approval had been granted to initiate the statutory process for the designation of seven new street trading sites across the City, which had been identified as a result of internal application or expressions of interest received from individuals wishing to trade from new sites. 

            He reported that three of those sites were presented in March, 2021, and the remaining four sites were now before the Committee for consideration.  He advised the Members that, in making any designating resolution, they may record any reasonable conditions that should be applied to any subsequent Street Trading Licence on any of the sites.

            He advised that the designation process had involved seeking comments from interested parties and relevant statutory bodies, through public advertisement and consultation and that officers had consulted with the PSNI, Department for Infrastructure (Roads), Belfast City Centre Management Company for city centre sites, and local residents and businesses. 

            The Building Control Manager outlined the proposals, and highlighted comments which had been received from interested parties, for the following four sites:

(a)        565 Upper Newtownards Road, on a private forecourt.

(b)        corner of North Road and Upper Newtownards Road, on land adjacent to Cyprus Avenue restaurant.

(c)        65-69 Dublin Road, on private forecourt.

(d)        Comber Greenway at North Road bridge.

            The Members of the Committee considered each proposal in turn and recommended that, in accordance with the Council decision of 4th May 2021, the Chief Executive exercise her delegated authority to:

(a)      Refuse the proposal for a site to trade in hot and cold non-alcoholic beverages, confectionery, ice cream and cold food or similar commodities at 565 Upper Newtownards Road, on a private forecourt, on the basis of the PSNI and residents’ concerns regarding parking and access issues.

(b)      Approve the proposal for a site to trade in hot and cold food and non-alcoholic beverages at night-time at the corner of North Road and Upper Newtownards Road, on land adjacent to Cyprus Avenue restaurant.

(c)      Approve the proposal for a site to trade in hot and cold non-alcoholic beverages, confectionery, ice cream and cold food or similar commodities at 65-69 Dublin Road, on private forecourt.

(d)      Refuse the proposal for a site to trade in hot and cold non-alcoholic beverages, confectionery, ice cream and cold food or similar commodities on the Comber Greenway at North Road bridge, due to a number of concerns, including the noise associated with the use of a generator and the related impact on the environment/wildlife, and trading sites detracting from the purpose of the greenway which should be a quiet space, free from noise and litter.

Proposal

Moved by Councillor Smyth,

Seconded by Councillor M. Kelly,

         That officers consider a policy framework to assess the suitability of street trading designation requests on Greenway sites.