Agenda and minutes

            An apology for inability to attend was reported on behalf of Councillor Nelson.

            The minutes of the meeting of 30th May and 15th June were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 4th July, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

            Councillor McKeown declared an interest in agenda item 2 (b), The Marcus Ward Outdoor Entertainment Licence Provisional Grant, in that he had previously assisted the applicants in a planning capacity, and he took no part in the discussion.   

            Councillor Murray declared in relation to agenda item 2 (g), application for a new licence to operate a House of Multiple Occupation for 34 Sandhurst Garden, in that his employer had previously rented a property from the applicant’s agent and that he had previously declared an interest in applicants in which that agent was involved. As that tenancy had subsequently ended, he did not consider that he was still required to declare an interest. 

            The Democratic Services Officer, Mrs Steele, declared an interest in item 2 (e), 73-75 North Street – Amusement Permit Provisional Grant, in that she was related to one of the applicants and left the meeting whilst the matter was being discussed. 

The Committee noted a list of applications for licences and Road Closure Orders which had, since its last meeting, been approved under the Council’s Scheme of Delegation.

The Director of Planning and Building Control informed the Committee that an application had been received for the provisional grant of a 7-Day Entertainments licence, to provide outdoor musical entertainment at The Marcus Ward, 1 Bankmore Square, Belfast, a newly formed outdoor events space located on the current hardstanding area on the corner of Bankmore Square and Dublin Road where the Movie House Cinema had been demolished.  The applicant proposed to provide an area for the consumption of food and alcohol which would include the provision of live music.

            She advised that the maximum numbers within the event space would be agreed by the Building Control Service and might vary depending on individual concert set-up proposals.

            She explained that the days and hours during which entertainment might be provided under the terms of the licence were:

·        Monday to Sunday: 11.30 a.m. to 11.00 p.m. and

·        Sunday 12.30 p.m. – 11.00 p.m. 

            She advised that in response to a public notice of the application, one objection had been received from a local resident on 9th May 2022, however, following a liaison meeting with both parties the objector had agreed to withdraw the objection.  Both the PSNI and NIFRS had been contacted and confirmed that they had no objection to the application.

            She added that the applicant had been asked to provide an acoustic report for the outdoor area for evaluation and any necessary acoustic measures would be required to be implemented, along with any fire safety, structural or access requirements upon completion of works, before the grant of the licence could be confirmed.

            She informed the Committee that the Applicant was present at the meeting to answer any questions.

            The Committee agreed to approve the application for the provisional grant of a 7-Day Annual Outdoor Entertainments Licence and to delegate authority to the Director of Planning and Building Control to issue on completion of all technical requirements.

The Director of Planning and Building Control reminded the Committee that, at its meeting held on, 15th June, following consideration of an objection to the application for the 14-day Occasional Outdoor Entertainments Licence for Boucher Road Playing Fields, the Committee had agreed to renew the licence.  She reported that, subsequently, an application had been received for the grantof a 7-Day Annual Outdoor Entertainments Licence to permit the use of this large event space for more than 14 days per year.

            She advised the Committee that a 7-day Annual Entertainment Licence had previously been in place for Boucher Road Playing Fields until 2014.  Currently, Belfast City Council held both a 14-Day Occasional Outdoor Entertainments Licence and a 14-Day Occasional Indoor Entertainments Licence for a marquee in respect of Boucher Road Playing Fields.  Boucher Road had been used as a venue to provide large outdoor concerts for approximately 10 years.

            She advised that the current days and hours during which entertainment could be provided for both Occasional Licences were:

·        Monday to Saturday: 11.30 a.m. to 11.00 p.m. and

·        Sunday: 12.30 p.m. to 11.00 p.m.

            The Director outlined the special conditions which were attached to the licence, along with the measures taken to ensure health, safety and welfare.  She pointed out that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had no objections to the application.   

            She advised the Members that pre-event planning meetings would be held with all relevant services, agencies and promoters for all large outdoor music events within the Boucher Road Playing Fields. These meetings would be attended by officers of the Council, Police Service of Northern Ireland, Northern Ireland Fire and Rescue Service, Department of Infrastructure, Translink, Northern Ireland Ambulance Service, promoters and their relevant service providers.  In addition, officers from the Council would assess the Event Planning documents submitted by the promoter and carry out site inspections prior to and throughout the events to ensure compliance with relevant guidance in relation to fire safety, structures, access, egress and facilities for all.

            The Director explained to the Committee that promoters of large outdoor events must submit a Noise Management Plan to the Environmental Protection Unit for evaluation in advance of an event taking place and that Council officers worked with promoters in order to assess the noise that might be generated and to minimise the potential for noise disturbance.

            The Committee was also asked to recognise that noise generated by large scale outdoor concerts was likely to lead to some level of disturbance for local residents. Even if guideline levels were met, there was no guarantee that complaints would not be received. Conversely, if a recommended level was exceeded this might not necessarily lead to complaints as people might be prepared to tolerate the event because it would only last for a limited period.  She also asked the Members to note that historically these events did cause some anti-social behaviour on the routes of travel  ...  view the full minutes text for item 7.

            The Director of Planning and Building Control reported that an application had been received from Little Vegas (NI) Limited for the provisional grant of an Amusement Permit.

            She advised the Members that, at a meeting of the Licensing Committee held on 26 June 2013, the Committee had agreed to refuse the granting of an amusement permit to Little Vegas (NI) Ltd. for the ground and first floors of 163 Stranmillis Road. Subsequently, at a meeting on 21st August 2013, following the hearing of representations, it had agreed to grant an amusement permit for the ground floor of the premises only.  An amusement permit had been held for the ground floor of 163 Stranmillis Road since October 2013 and the premises had operated as a gaming centre ever since.

            The Director advised that the applicant company, which was the current amusement permit holder, now wished to also use the first floor of the premises which they had rented since 2013, as part of the amusement arcade, to develop the business and aid its recovery after the pandemic.

            She reported that there was no mechanism within the Order to enable the variation of a permit, such as for the increase in the floor area being used for the amusement arcade, therefore, an application was required for the Provisional Grant or Grant of an Amusement Permit.

            The application was for a total of 50 gaming machines, giving an increase of 25 machines over the existing arcade; all of which were to pay out a maximum all cash prize of £25.00. Admission to the arcade would be restricted to persons aged 18 or over.

            The proposed opening hours of the premises, as specified on the application, were:

·        Monday to Sunday:       10.00 a.m. to 10.00 p.m.

            The current normal opening hours were indicated on the premises as being Monday – Saturday 11 a.m. – late and Sunday 1 p.m. to late, however, currently the amusement arcade was open on a trial basis from 3.00 p.m. – 3.00 a.m. (as indicated at the entrance and on the premises website).

She advised that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had no objections to the application. 

            The Director advised that the Building Control Service had received 3 complaints concerning the premises, one in each of 2014, 2017 and 2018 and confirmed that each complaint had been resolved to the Service’s satisfaction

            The Environmental Protection Unit / Night-time Noise Team had received 4 noise complaints, three in 2018 and one in 2019.

            The Committee was advised that Planning permission for change of use of ground and first floor to an amusement arcade had been granted on the 8th July 2012.  As the amusement arcade had been open since 2013, they would have established use rights to operate as an amusement arcade under Planning Legislation.

            She reminded the Members that in an important Court of Appeal decision in June 1999, it had been confirmed that  ...  view the full minutes text for item 8.

(The Democratic Services Officer, who had declared an interest

in this item, left the meeting while it was under consideration)

            TheDirector of Planning and Building Control reported that an application had been received from Oasis Retail Services Limited for the provisional grant of an Amusement Permit at 73-75 North Street.  The Committee was advised that the application related to the relocation of an existing amusement arcade at 19 North Street, the necessity for which was linked to a wider regeneration initiative for the north-eastern part of the City Centre.  The Director advised that the grant of planning permission for the amusement arcade at No.73-75 North Street (Ref: LA04/2018/0098/F) had been subject to a legal agreement whereby the existing amusement arcade at 19 North Street would close once the proposed arcade would become operational.

            The Members were advised that the proposed replacement arcade would consist of 85 gaming machines, which would represent a decrease of 15 machines from the existing arcade’s 100 machines.  All would pay out a maximum all cash prize of £25.00 and admission would be restricted to persons aged 18 or over.

            The proposed opening hours of the premises, as specified on the application, were:

            Monday to Sunday:       9.00 a.m. to 12.00 midnight

            The Director pointed out that no representations had been received in response to a public notice of the application and that both the PSNI and NIFRS had no objections to the application.  

            The Director outlined the evaluation of the application against the criteria contained within the Council’s Amusement Permit Policy. She referred to the application premises being in the Retail Core of Belfast City Centre and the fact that the Amusement Permit Policy had a presumption against permitting amusement centres to open in the Retail Core. However, she advised that the Permit Policy did state that an exception could be made for applications which were for renewals or part of a major, retail-led mixed-use development. She continued that, this application sought to relocate an existing amusement arcade 150m closer to Royal Avenue, the relocation of which would help facilitate the assembly of property for the regeneration of the north-eastern quarter of the City Centre.

            The Director advised the Members that the requirement to relocate the amusement centre to facilitate regeneration, and the requirement of the planning permission to close the existing amusement arcade at 19 North Street once this proposed arcade became operational, were factors that the Licensing Committee might wish to consider in the determination of this permit application.

She advised that, should the Committee be minded to refuse the application for the Provisional Grant of the Permit, or to grant the Permit, subject to any discretionary conditions, that it would be required to advise the applicant of its intentions to do so and to afford the applicant the opportunity to make representation at a specified Licensing Committee meeting on the matter before making a final decision.  She further reported that if, upon hearing the applicant, the Committee should refuse the application  ...  view the full minutes text for item 9.

            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 HMO Unit Manager submitted for the Committee’s consideration the following report:

“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. 

2.0       Recommendation

2.1       Taking into account the information presented Committee is asked to hear from the Applicants and make a decision to either:

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

(ii)        Refuse the application.

Notice of proposed decision

2.2       On the 15 June 2022, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 (“the 2016 Act”), Officers issued a Notice of Proposed Decision. Appendix 2

2.3       The Notice of Proposed Decision stated that the council proposed to refuse the licence on the grounds of overprovision. A statement of reasons for the proposal was included in the Notice of Proposed Decision.

2.4       If the application is refused, the Applicants have a right of appeal to the County Court. An appeal must be lodged within 28 days of formal notification of the Council’s decision.

3.0       Main report

            Background

3.1       The property had the benefit of a deemed HMO licence in the name of the existing owner which expired on the 09 February 2022. A deemed licence occurs if the Council does not determine an application within 3 months of a valid application being received and the applicant is to be treated as having been granted a licence which is valid for one year in the terms applied for. In the case of this deemed licence, officers were unable to complete the application due to the temporary suspension of HMO inspections and subsequent administrative delays related to the Covid pandemic.

3.2       On the 27 July 2021, 10 December 2021 and the 12 January 2022 reminder letters were sent to Mr. Daniel Brennan informing him of the need to apply to renew the licence.

3.3       On the 2 March 2022 an application for a Temporary Exemption Notice “TEN” was received. The application was subsequently refused on the 9 March 2022 as the steps specified in the application were not sufficient to secure that the property ceased to be an HMO.

3.4       On the 11 March 2022 a further TEN application was received and granted on the 18 March 2022.

3.5       On the 09 May 2022 an HMO licence application was received from the owners of the accommodation.  

Key Issues

3.6       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,  ...  view the full minutes text for item 10.

            The HMO Unit Manager submitted for the Committee’s consideration the following report:

“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. 

2.0       Recommendation

2.1       Taking into account the information presented Committee is asked to hear from the Applicant and make a decision to either:

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

(ii)        Refuse the application.

                                 Notice of proposed decision

2.2       On the 27 June 2022, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016 (“the 2016 Act”), officers issued a Notice of Proposed Decision to the Applicants. Appendix 3

2.3       The Notice of Proposed Decision stated that the council proposed to refuse the licence on the grounds of overprovision. A statement of reasons for the proposal was included in the Notice of Proposed Decision.

2.4       If the application is refused, the Applicants have a right of appeal to the County Court. An appeal must be lodged within 28 days of formal notification of the Council’s decision.

3.0       Main Report

            Background

3.1       The property had the benefit of an HMO licence in the name of the existing owner which expired on the 04 May 2021. 

3.2       On the 07 April 2021 a reminder letter was sent to Mr. Gareth Macklin informing him of the need to apply to renew the licence.

3.3       On the 09 March 2022 an HMO licence application was received from the Mr. Gareth Macklin, Ms. Cara Macklin was later added as a proposed joint licensee.

3.4       An application for a temporary exemption notice was received on the 06 April 2022 which was granted until 12 July 2022 and further extended until 29 September 2022.

            Key Issues

3.5       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 suitable by including conditions in the licence.

Planning

3.6       As this is a new application the Council’s Planning Service was consulted. It confirmed that a Certificate of Lawful Existing Use or Development (“CLEUD”) was granted with the planning  ...  view the full minutes text for item 11.

            The HMO Unit Manager submitted for the Committee’s consideration the following report:

“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.

2.0       Recommendation

2.1       Taking into account the information presented Committee is asked to hear from the Applicant and make a decision to either:

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

(ii)      Refuse the application.

Notice of proposed decision

2.2       On the 26 July 2022, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, Officers issued a Notice of Proposed Decision to the Applicant setting out the terms of the proposed licence. Appendix 3

2.3       The Notice of Proposed Decision stated that the Council proposed to refuse the licence on the grounds of overprovision. A statement of reasons for the proposal was included in the Notice of Proposed Decision.

2.4       If the application is refused, the Applicant has a right of appeal to the County Court. An appeal must be lodged within 28 days of formal notification of the Council’s decision.

3.0       Main Report

            Background

3.1       The property had the benefit of an HMO licence in the name of the existing owner which expired on the 03 April 2019.

3.2       On the 25 February 2021 an HMO licence application was received from Mr. Ignatius McCluskey which was subsequently rejected on the 2 March 2021 as the granting would constitute a breach of planning control

3.3       A further application was received on the 12 May 2022.

            Key Issues

3.4       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 suitable by including conditions in the licence.

Planning

3.5       As this is a new application the Council’s Planning Service was consulted. It confirmed that a Certificate of Lawfulness of Existing Use or Development (“CLEUD”) was granted on the 28 April 2022 with the planning reference LA04/2021/0616/LDE.

            Fitness

3.6       When considering the fitness of an applicant the Council must have regard to any offences concerning fraud/ dishonesty, violence, drugs, human trafficking,  ...  view the full minutes text for item 12.