Agenda item

                  The Director of Planning and Building Control presented the details of the application to the Committee, following on from its previous consideration of the application on 18th June, 2025, where it had agreed that it was minded to refuse the application on the grounds of cumulative build-up of amusement arcades and increase in the number of gaming machines in a particular location, impacting on the character and amenity of the area.

                  The applicant had been advised that the Committee was minded to refuse the application for the Grant or Provisional Grant of an Amusement Permit.  In line with the legislation, the Committee must then afford the applicant the opportunity to make representations at a specified Licensing Committee meeting on the matter before making a final determination on the application.  The applicant and her representatives were therefore in attendance at the meeting.

She reminded the Committee that an existing amusement arcade, Players, on the ground floor of 22 Shaftesbury Square, had been operated by the applicant company since 2018.  The applicant company wished to extend the existing amusement arcade into the rear ground floor of the neighbouring unit at 23 Shaftesbury Square, which had been vacant for some years.  As there was no mechanism within the Order to allow for a variation of an existing Amusement Permit to cater for the extension of an existing premises, an application had to be made for the Grant or Provisional Grant of an Amusement Permit for the proposed extended amusement arcade.

            The Members were advised that the applicant had requested to operate the proposed premises 7 days per week, Monday to Sunday, 00:00 to 24:00hrs. The applicant had confirmed that the requested hours were those that the current premises operated.  The application was for a total of 69 gaming machines, giving an increase of 15 machines over the existing arcade.

            The Director outlined that planning permission for a change of use of the ground floor of 23 Shaftesbury Square, to an amusement arcade, was granted on 20th April, 2023.  The Members were advised that the Amusement Permit application involved the extension of the existing amusement arcade into the rear half of the adjoining property, but that the front portion would be retained as a retail unit.

            The Chairperson advised the Committee that Dr. T. Quinn, Braniff Associates (Planning Consultant), was in attendance.  He had advised the Council on the formulation of the Amusement Permit Policy.  He advised the Committee that:

·         the Policy, which had been formulated in 2013, had highlighted areas where there was a presumption against such establishments but also highlighted areas which were open to consideration;

·         amusement arcades were restricted in areas which were predominantly residential in character but were open to consideration in areas which were mixed-use, such as city centres, within which the above application was;

·         the 1985 Order dictated that each application had to be assessed on its merits;

·         from his appraisal the application broadly satisfied the suitability of a location for the establishment of an amusement arcade, as it was in the city centre, it was not in the busiest shopping streets and it wasn’t predominantly residential in character;

·         with regards to the cumulative impact, 15 additional machines was a marginal increase and that the Committee should consider whether or not that particular finding was sufficient grounds on which to refuse it, against all the other criteria which ticked the boxes.

            The Chairperson then welcomed Mr. S. Beattie KC, representing the applicant, to the meeting.  He thanked Dr. Quinn for his fair and frank appraisal.

            Mr. Beattie advised the Committee that the Amusement Permit Policy was not a fetter nor a restriction and that it had to be applied consistently and fairly.  In making the application, the applicant had been mindful of the Council’s previous decisions, in particular, regarding premises on Wellington Place, which had been granted permission for a rear extension.  He outlined that the Council had also permitted Playland to extend into a nearby coffee shop.  He advised the Committee that the applicant, in this case, wished to invest £200,000 and refurbish its entire premises.   The Members were advised that the refurbishment would include up to 15 new machines and he explained that some of the modern machines had bigger screens and therefore required more floorspace.  He reminded the Committee that planning permission for a change of use of the ground floor of 23 Shaftesbury Square, to an amusement arcade, was granted in April, 2023.  The Members were advised that the frontage would not be affected and that there were no commercial objectors, both of which were important material considerations.  He added that the applicant had been at the forefront of gambling control, despite there being no gambling commission for Northern Ireland.

            The Chairperson thanked Dr. Quinn and Mr. S. Beattie KC for their contributions.

            A Member stated that he felt that the applicant and staff had shown themselves to be responsible operators with well managed facilities.  He highlighted that their staff undertook regular training to enable them to identify any customers who required assistance with gambling habits.  He added that there were no complaints and that a derelict building would also be brought back into use.

            Moved by Councillor Carson,

            Seconded by Councillor McCann,

     That that Committee agrees to grant the application for an Amusement Permit for Players, 22 and to the rear of 23 Shaftesbury Square.

            On a vote, sixteen Members voted for the proposal and two against and it was accordingly declared carried.