Agenda item

            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 to provide entertainment are:-

 

            Monday & Tuesday:            11.30 a.m. to 11.00 p.m.

 

      Wednesday to Saturday: 11.30 a.m. to 1.00 a.m. the following morning

 

            Sunday:                                12.30 p.m. to 12.00 midnight

 

1.11     With a special condition being attached to the Licence permitting entertainment to 12.30am on Easter Monday and if Christmas Eve, New Year’s Eve, St. Patrick’s day or Halloween fall on Monday or Tuesday night.

 

1.12     The nature of the variation applied for is to amend the hours of entertainment to permit entertainment to be provided as follows:-

 

            Monday to Saturday: 11.30 a. m. to 1.30 a.m. the following morning

 

      Sunday:                      12.30 p.m. to 12.30 a.m. the following morning

 

1.13     Currently the premise operates as a public bar and nightclub with entertainment being provided on the ground floor on Wednesday to Sunday in the form of DJs and live bands. Entertainment is provided on the first floor on Wednesday to Saturday in the form of a DJ.

 

1.14     The licensee has stated that the variation to extend the permitted hours is required for the following reasons:-

 

1.     to facilitate the winding down of the crowd at the end of the night to ensure an orderly and controlled exit of the premises thus preventing a mass exodus causing crowding of exits

2.     to help hold the crowd and stop the poaching of customers by the late night clubs in the City centre through promotion teams canvassing customers when they currently leave early as required by existing licence times

3.     to provide flexibility to compete with late night City centre venues and provide entertainment to a reasonable time on other nights that do not clash with these venues

4.     to give the Botanic Inn more equal hours of entertainment with the licensed premised in the greater University area

 

1.15     Eglantine Inn

 

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

 

1.16     The areas currently licensed to provide entertainment are:-

 

1.     Ground floor lounge, with a maximum capacity of 300 persons

 

2.     First Floor lounge, with a maximum capacity of 300 persons

 

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

            Monday and Tuesday:       11.30 a.m. to 11.00 p.m.

 

            Wednesday to Saturday:   11.30 a.m. to 1.00 a.m. the

                                                          following morning

 

            Sunday:                                12.30 p.m. to 12.00 midnight

 

1.18     With a special condition being attached to the Licence permitting entertainment to 12.30am on Easter Monday and if Christmas Eve, New Year’s Eve, St. Patrick’s day or Halloween fall on Monday or Tuesday night.

 

1.19     Currently the premise operates the ground floor as a public bar and first floor as a nightclub. Entertainment is provided on the ground floor in the form of a band on a Friday night only and the first floor in the form of a DJ from Wednesday to Saturday.

 

1.20     Since these 3 licences were granted they have been subject to many objections and complaints which have resulted in numerous Committee meetings and special meetings. Additionally, a number of decisions of the Council have been, in the past, appealed by the applicants and heard at Belfast Recorders Court.

 

2    Key Issues

 

2.1       Representations

 

            No objections have been received in relation to the renewal applications or to the application for the variation of the licence as a result of the public notices of application. However, given the history of objections associated with the premises it was deemed appropriate to bring the applications to your attention for consideration. In addition, Members are advised that the condition of licence restricting the hours of entertainment on Monday and Tuesday nights, which the Botanic Inn is now seeking to vary, was imposed by the Court some years ago.

 

2.2       PSNI

 

            The Police Service of Northern Ireland has offered no objection to these applications.

 

2.3       Community Safety Report on Liaison Meetings

 

            The first meeting, Chaired by Community Safety, took place on 28th February 2012 and was attended by representatives of Lower Malone Residents Association, Botanic Inn, Eglantine Inn, Wellington Park Hotel and PSNI.

 

2.4       At the meeting, the residents group expressed the view that the meetings were not functioning properly and that relationships between the residents and licensees continued to be difficult. Residents appeared extremely frustrated and felt there was nothing to be gained from the liaison meetings. They stated that there was little to no co-operation and commitment from the Licensees to address their concerns about alcohol related anti-social behaviour in the area, which they believe is directly linked to the licensed premises, and believed their issues were being ignored when the Licensing Committee considered the renewal of the licences for the premises.

 

2.5       From the licensees point of view they also felt some frustration about the liaison meetings but made it clear they were willing to continue with the meetings and engagement with residents. Police were happy to continue attending the meetings and felt that some communication was better than no communication.

 

2.6       It appeared that the meetings were delivering very little and that both parties, residents and licensees, were very much entrenched in their positions.

 

2.7       It was agreed that all parties involved would provide Community Safety with feedback and indicate whether or not they saw merit in continuing the liaison meetings. A commitment was given from Community Safety that they were happy to continue facilitation of the meetings. However the final decision on whether or not to continue was left with the parties around the table.

 

2.8       Feedback from the licensees has indicated that they are happy to continue with the meetings. However, residents have again expressed their frustration with the meetings and confirmed that they saw no merit in continuing with them. Instead they have expressed a preference to work directly with the Community Safety Unit in an attempt to resolve some of the ASB problems they are experiencing. The responses from participants of the liaison meetings are appended to this report.

 

2.9       The Community Safety Unit has agreed to work directly with residents and licensees to address any problems they raise. Any matters directly related to the entertainments licences for the premises can be raised at the Licensed Premises Group and, if necessary, brought to the attention of Committee.

 

2.10     Building Control

 

            Since the Licensing Committee meeting in October 2011, two during performance inspections have been carried out on the Eglantine Inn, Wellington Park Hotel and the Botanic Inn, by Officers from the Service. Generally these inspections revealed that the conditions of licences were being adhered to and that the management of the premises was satisfactory.

 

2.11     Licensees

 

            The applicants for all three premises have been invited to attend your meeting should you wish to hear any representations relating to their entertainment licence applications.

 

3    Resource Implications

 

3.1       Human Resources

 

            None

 

3.2       Financial

 

            None

 

3.3       Asset and Other Implications

 

            None

 

4    Equality Implications

 

4.1       There are no equality or good relations issues.

 

5    Recommendation

 

5.1       Taking into account the information presented and any representations received you are required to consider each of these applications for the renewal of an entertainments licence in turn and to:

 

1.     approve the applications for renewal, or

2.     approve the applications for renewal with special conditions; in addition to the standard conditions, or

3.     refuse the applications for the renewal of the licence.

 

5.2       Thereafter, taking into account the information presented and any representations received you are required to consider the application for the variation of an entertainments licence for the Botanic Inn and to:-

 

1.     approve the application for variation, or

 

2.     approve the application for variation with special conditions; in addition to the standard conditions, or

 

3.     refuse the application for the variation of the licence.

 

5.3       If the applications are refused, or special conditions are attached to the licences to which the applicants do not consent, then the applicants may appeal the Council’s decision within 21 days of notification of that decision to the County Court. If the applicant decides to appeal, the Licence will continue with its present conditions until the Appeal is determined.

 

5.4       In the light of the discussion in relation to the usefulness of the liaison meetings and the opinions of the residents group the Committee may well decide to remove the condition of licence requesting that these meetings be held.

 

            The Head of Building Control advised the Committee that no objections had been received in relation to the renewal of the applications or to the application for the variation of the licence in respect of the Botanic Inn.  However, given the history of objections associated with the premises, it had been deemed appropriate to bring the applications to the Committee’s attention for consideration.  In addition, the conditions of the licence restricting the hours of entertainment on Monday and Tuesday nights, which the Botanic Inn was seeking to vary, had been imposed by the Courts some years ago. 

 

            The Head of Building Control reported that the members of the Lower Malone Residents’ Association had indicated that it did not see any value in holding liaison meetings.  They claimed that those meetings were not functioning properly and relationships between the residents and the licensees continued to be difficult.  In addition, they were of the view that there was little or no co-operation nor commitment from the licensees to address their concerns in relation to alcohol and anti-social behaviour in the area.  At a meeting which had been held on 28th February, which had been attended by representatives of the Lower Malone Residents’ Association, the Botanic Inn, the Eglantine Inn and the Wellington Park Hotel, together with the Police Service of Northern Ireland it had been agreed that all parties involved would provide the Council’s Community Safety Team with feedback on whether or not they saw merit in continuing with the liaison meetings.

 

            The Head of Building Control reported that the Police Service of Northern Ireland had offered no objections in relation to the applications.

 

            Mr. S. McGorrigan and Mr. G. Webb, representing the Botanic Group, were admitted to the meeting and welcomed by the Chairman.  Mr. McGorrigan reported that, as a licensee, the Botanic Group took its responsibility seriously and that all residents in the area had been provided with his personal mobile phone number should any difficulties arise.  In relation to the request for the variation of the Entertainments Licence, the applicants indicated that they were requesting the variation of the licence in order to ensure that patrons dispersed from the premises in an orderly manner.  In addition, he stated that residents within the area were customers of the premises.

 

            After discussion, during which the representatives answered various questions which were put to them by the Members, Mr. McGorrigan and Mr. Webb retired from the meeting.

 

            After discussion, it was

     

      Resolved - That the Committee, in its capacity as Licensing Authority, grants the renewal of a Seven-day Annual Entertainments Licence in respect of the Eglantine Inn, 32/40 Malone Road and the Wellington Park Hotel, 19-21 Malone Road, based upon the Council’s standard conditions to provide dancing, singing, music or entertainment of a like kind.

 

            Following further discussion, it was

 

Moved by Councillor Lavery,

Seconded by Alderman Rodgers,

 

      That the Committee, in its capacity as Licensing Authority, agrees to grant the application for the renewal of a Seven-day Annual Entertainments Licence for the Botanic Inn, and furthermore, grants the variation of the Licence in order to extend the hours during which entertainment might be provided to:

 

      Monday and Tuesday:      11.30 a.m. to 1.00 a.m. the following morning

 

      Wednesday to Saturday:   11.30 a.m. to 1.00 a.m. the following morning

 

      Sunday:                             12.30 p.m. to 12.00 midnight

 

 

            On a vote by show of hands ten Members voted for the proposal and one against and it was accordingly declared carried.

 

            In addition, the Committee agreed that meetings between the licensees and residents be arranged if and when required.