Minutes:
The Head of Building Control informed the Committee that, under the terms of the Local Government (Miscellaneous Provisions) (NI) Order 1985 (the Order), an applicant for the grant, renewal, variation or transfer of an Entertainments Licence must provide public notice of an application by publishing an advertisement in newspapers circulated in the Council district. The number and type of papers in which advertisements might be placed was entirely at the discretion of the Council. He explained that the policy (existing from 1985 with modifications) within Belfast had required that notices be advertised in two newspapers, with at least one being advertised in the Belfast Telegraph, Newsletter (Ulster Edition), Daily Mirror (Northern Ireland Edition) or the Irish News. The second notice might be placed in one of the local newspapers distributed or sold in the area in which the premises were located. However, if the premises were located within the city centre, the notice must be placed in two of the main newspapers, as outlined.
He reminded Members that, given Local Government Reform, a number of premises would transfer to within the new Belfast boundary and that different policy positions had been applied by both Castlereagh Borough Council and Lisburn City Council in this regard. He explained that, in Lisburn, licensees were required to advertise in two newspapers, however, the cost of advertising was substantially less than that of Belfast. He added that Castlereagh Borough Council, as was the case in many other Councils, required applicants to place advertisements in only one newspaper. He further reminded the Committee that a Working Group had been set up by the Environment Minister, Mark. H. Durkan, to review the Entertainment Licensing Legislation and that its recommendation on this matter included removing any requirement for applicants to advertise in newspapers. However, it might be necessary to display a notice on or near to the premises for 21 days and, in addition, councils would be required to publish all applications on their website.
The Head of Building Control indicated that the Committee might also consider the move to a shortened Advertising Notice which would reduce costs to the applicants whilst still complying with statutory requirements.
After discussion, the Committee agreed to recommend to the new Licensing Committee the following change to its policy in respect of advertising requirements:
1) that the new Council would no longer require licensees to advertise in two newspapers for Entertainments Licences and that it would only be necessary to advertise in one newspaper;
2) that an applicant may advertise in a local newspaper (titles to be agreed by the Council) distributed or sold in the area where the premises were located, unless the premises were located within the city centre, in which case the applicant would be required to advertise in either the Belfast Telegraph, News Letter (Ulster Edition), Daily Mirror (Northern Ireland Edition) or Irish News; and
3) toagree to the Advertising Notice wording as set out in the revised template included as Appendix 2 to the report.
Supporting documents: