Agenda item

The City Solicitor / Director of Legal and Civic Services presented the following report for consideration:

“1.0      Purpose of Report/Summary of Main Issues

1.1       The purpose of this report is to provide members with an opportunity to further consider;

·        the results of formal public consultation on draft byelaws for the city centre and further engagement,

·        the revised draft byelaws which were presented to SP&R Committee last month.

2.0       Recommendation

2.1       It is recommended that Members:

·        note the contents of this report and appendices;

·        authorise officers to engage with DfC in relation to the revised draft byelaws to understand which aspects could be approved in the coming months.

3.0       Main Report

            Background

            Members will be aware a report was previously presented to Strategic Policy and Resources Committee on 21 November 2025, updating members on the results of formal public consultation on draft byelaws for the city centre and further engagement. In addition, the report sought members approval of the draft byelaws.

            At Full Council meeting held on 1 December 2025, members agreed that the decision of the Strategic Policy and Resources Committee of 21 November 2025 be referred back to the Committee for further consideration.

            Following on from some concerns previously raised, members will note that the proposed bye laws do not set a level for fixed penalty notices. £500 is the maximum fine which can be imposed by a Magistrates Court for breach of bye laws. This maximum fine is set by Section 92 of the Local Government Act (NI) 1972. The fixed penalty level would be considerably lower than the maximum fine which the Court can impose, typically this is approximately 10% of the maximum fine. The level of fixed penalty would be subject to engagement with DfC and would require Committee approval in due course. Members will note that officers have proposed that the reference to continuing offences is removed as it is not considered that this is applicable to the types of behaviour which these bye laws seek to regulate.

            Members will recall that some provisions in the draft bye laws relate to arrangements for special events such as the Fleadh. Therefore it is important that there is early engagement with DfC in relation to these proposals.

            Committee is asked for its further views in relation to the revised bye laws which were presented to Committee last month. It is also requested that Committee authorises officers to carry out engagement with DfC in relation to the revised bye laws.

            Members are asked to note that correspondence has been issued to PSNI and DoJ seeking;

·        to outline the need for a standalone Hate Crime Biil and highlight the requirement for an additional class of offenses, noting that the change model in sentencing did not go far enough.

·        clarity in the use of the PSNI powers under Articles 9 (Use of words or behaviour or display of written material), 18 (Riotous or disorderly behaviour in public place), and 19 (Provocative conduct in public place or at public meeting or procession) of The Public Order (Northern Ireland) Order 1987.

            When responses are received, officers will bring a report back to Committee with further proposals in relation to the issues of graphic imagery and alleged hate speech in the city centre. Dependent upon responses being received, it is anticipated that these proposals will be brought to Committee in early spring 2026.

            Financial and Resource Implications

3.2       There are no financial or resource implications connected to this report. As outlined in the report tabled on 21 November 2025, there will however be resource implications in enforcing the bye-laws if approved by DfC.  This remains under consideration and more detail will be provided once a response is received from DfC.

            Equality or Good Relations Implications/

            Rural Needs Assessment

3.3       An equality screening was carried out on the draft byelaws that were presented for public consultation. The consultation provided useful feedback both on the draft screening form and more generally from Section 75 groups. Further screening will be undertaken as the byelaws progress to finalisation.”

            During discussion, members raised concerns in relation to the enforcement of existing byelaws and the need for options regarding the issues surrounding the display of graphic imagery in the city centre.

            The Committee:

·        noted the contents of the report and appendices;

·        authorised officers to engage with the Department for Communities in relation to the revised draft byelaws which related only to arrangements for special events, such as the Fleadh; and

·        agreed that a report be submitted to the Committee in February in relation to the options on the remainder of the revised draft byelaws, including the enforcement of existing byelaws.