1. food and drink
2. beverages

Document Pack
Democratic Services Section
Chief Executive’s Department
Belfast City Council
City Hall
Belfast
BT1 5GS
12th March, 2015
MEETING OF LICENSING COMMITTEE
Dear Alderman/Councillor,
The above-named Committee will meet in the Lavery Room (Room G05), City Hall on
Wednesday, 18th March, 2015 at 4.30 p.m., for the transaction of the business noted
below.
You are requested to attend.
Yours faithfully,
SUZANNE WYLIE
Chief Executive
AGENDA:
1.
2.
Routine Matters
(a)
Minutes
(b)
Apologies
(c)
Declarations of Interest
Delegated Matters
(a)
Licences issued under Delegated Authority (Pages 3 - 6)
(b)
Consideration of Designating Resolutions for Street Trading Sites
(Pages 7 - 10)
(c)
Competing Stationary Street Trading Licence Applications – Boucher
Crescent (Pages 11 - 16)
-2-
(d)
Application for the Renewal of a Stationary Street Trading Licence – Duncrue
Crescent (Pages 17 - 18)
(e)
Application for Extended Hours - Cathedral Quarter Arts Festival, Custom
House Square (Pages 19 - 28)
(f)
Application for the Variation of a Seven-day Annual Entertainments Licence –
King’s Hall Pavilion, King’s Hall Complex (Pages 29 - 40)
(g)
Application for the Grant of a Seven-day Annual Outdoor Entertainments
Licence – Villa, 2-6 Dunbar Street (Pages 41 - 60)
(h)
Application for the Renewal of a Seven-day Annual Entertainments Licence Teach Na Monagh, 2a Monagh Grove (Pages 61 - 64)
To: The Chairman and Members of the Licensing Committee
Page 3
Agenda Item 2a
Belfast City Council
Report to:
Licensing Committee
Subject:
Licences issued under Delegated Authority
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1
1.1
2
2.1
Relevant Background Information
Under the Scheme of Delegation, the Director of Health and Environmental Services is
responsible for exercising all powers in relation to the issue, but not refusal, of permits and
licences, excluding provisions relating to the issue of entertainments licences where adverse
representations have been made. For your information those applications dealt with under the
Scheme are listed below.
Key Issues
Under the terms of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order
1985 the following Entertainment Licences were issued since your last meeting:
Premises and Location
Suffolk Community Centre,
Carnamore Park, Belfast,
BT11 9LX.
Type of
application
Renewal
Hours licensed
Applicant
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Divis Community Centre, 9
Ardmoulin Place, Belfast,
BT12 4RT.
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Ardoyne Community Centre,
40 Herbert Street, Belfast,
BT14 7FE.
Renewal
Sun-Sat
09.00 to 23.00
Ms Catherine
Taggart
Duncairn Community Centre,
Upper Mervue Street, Belfast,
BT13 2JZ.
Concorde Community Centre,
36 Alliance Road, Belfast,
BT14 7JB.
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Page 4
Woodvale Community
Centre, 79a Disraeli Street ,
Belfast, BT13 3HT.
Renewal
Sun
09.00 to 17.00
Mon-Fri
09.00 to 00.00
Sat
09.00 to 17.00
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Sandy Row Community
Centre, Sandy Row, Belfast,
BT12 5ET.
Olympia Community Centre,
Boucher Road, Belfast, BT12
6NA.
Knocknagoney Community
Centre, 41A Knocknagoney
Drive, Belfast, BT4 2QF.
Horn Drive Community
Centre, 44A Horn Drive,
Belfast, BT11 9NB.
Highfield Community Centre,
High Green, Belfast, BT13
3SA.
Hammer Main Hall, Agnes
Street, Belfast, BT13 1GG.
Glen Road Community
Centre, 2a Carrigart Avenue,
Belfast, BT11 9HU.
Grove Health & Wellbeing
Centre, 120 York Road,
Belfast, BT15 3GU.
The Hub, 22 Elmwood
Avenue, Belfast, BT9 6AY.
Renewal
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Sun-Sat
08.00 to 01.00
Ms Catherine
Taggart
Ms Catherine
Taggart
Renewal
Sun-Sat
08.00 to 01.00
Ms Katrina Morgan
Renewal
Mon-Fri
08.00 to 01.00
Sat
08.00 to 12.00
Sun-Sat
08.00 to 01.00
Mrs Nora
Montgomery
Sun
12.30 to 00.00
Mon-Sat
11.30 to 01.00
Sun-Sat
11.30 to 01.00
Sun
12.30 to 00.00
Mon-Wed
11.30 to 01.00
Thurs-Sat
11.30 to 03.00
Sun-Sat
08.00 to 01.00
Mr Mark Reid
Sun
12.30 to 00.00
Mon-Sat
11.30 to 01.00
Mr Brian Boyd
Renewal
St Colmcille’s Parochial Hall,
191 Upper Newtownards
Road, Belfast, BT4 3JB.
SS Nomadic, Hamilton Dock,
Queens Road, Belfast, BT2
9EP.
Renewal
Dukes Hotel, 65-67 University
Street, Belfast, BT7 1HL.
Love and Death Inc, 10a Ann
Street, Belfast, BT1 4EF.
Renewal
Odyssey Bowl, Unit 2
Odyssey Pavilion, 2 Queens
Quay, Belfast, BT3 9QQ.
Times Bar, 24-28 York Road,
Belfast, BT15 3HE.
Renewal
Renewal and
Transfer
Renewal
Renewal
Ms Catherine
Taggart
Fr Ciaran Feeney
Mr Eamon Diamond
Mr Brian
Mc Geown
Mr John Hansen
Page 5
2.2
Windsor Lawn Tennis Club,
37 Windsor Avenue, Belfast,
BT9 6EJ.
Renewal
Andersonstown Social Club,
South Link, Belfast, BT11
8GX.
Variation
Harland & Wolff Staff Sports
& Recreation Association, 810 Dundela Avenue, Belfast,
BT4 3BQ.
Roddy McCorley Social Club,
203 Glen Road, Belfast,
BT11 8BU.
Renewal
Deane's Deli, 42-44 Bedford
Street, Belfast, BT2 7FF.
Renewal
Renewal
Sun
12.30 to 22.00
Mon-Sat
11.30 to 23.00
Sun
12.30 to 22.00
Mon-Sat
11.30 to 23.00
Sun
12.30 to 22.00
Mon-Sat
11.30 to 23.00
Sun
12.30 to 22.00
Mon-Sat
11.30 to 23.00
Sun
12.30 to 00.00
Mon-Sat
11.30 to 01.00
Mr Aidan Mimnagh
Mr Gerard Hawkins
Mr Douglas Murray
Mr Kevin Crawford
Mr Michael Deane
Under the terms of the Street Trading Act (Northern Ireland) 2001 the following Street Trading
Licences were issued since your last meeting:
Location
Type of
application
Commodity
Hours
licensed
Applicant
Blackstaff Square
Stationary
Sandwiches, cold
food, hot and cold
beverages,
confectionery and
bakery products
Hot food and non
alcoholic
beverages
Confectionery and
hot and cold
beverages, boat
tour tickets, tshirts, souvenirs,
hats and key rings
Ice cream,
confectionery and
non alcoholic
beverages
Mon-Fri
07.00 to
19.00
Mr Paul Vickery, 60
Ardenlee Avenue,
Belfast BT6 0AB
Mon-Fri
08.00 to
16.00
Mon-Sun
09.00 to
21.00
Mr Brian Firth, 39
Manse Road,
Ballygowan BT23 6HE
Mr George Grimley, 12
Somerdale Park,
Belfast BT14 7HD
Mon-Sun
12.00 to
21.30
Mr Robert Morelli, 21
Oldpark Terrace,
Belfast BT14 6NP
Ice cream,
confectionery and
non alcoholic
beverages
Mon-Sun
12.00 to
21.30
Mr Robert Morelli Jnr,
27 Cedar Avenue,
Belfast BT15 5AS
Duncrue Link, 45ft Stationary
from junction with
Duncrue Road
Donegall Quay
Stationary
In the areas of
Mobile
Ligoniel,
Glencairn,
Ardoyne, Oldpark,
Ormeau,
Cliftonville,
Duncairn and
Falls
Falls,
Mobile
Ballymurphy, Turf
Lodge, Ladybrook
and
Andersonstown
Page 6
3
Resource Implications
3.1
Financial
None
3.2
Human Resources
None
3.3
Asset and Other Implications
None
4
4.1
5
5.1
6
Equality and Good Relations Implications
There are no equality and good relations issues.
Recommendation
The Committee is requested to note the applications which have been issued under the
Scheme of Delegation.
Decision Tracking
This item is for noting only.
Page 7
Agenda Item 2b
Belfast City Council
Report to:
Licensing Committee
Subject:
Consideration of Designating Resolutions for Street Trading Sites
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext 2435
1
1.1
Relevant Background Information
An important feature of the licensing provisions in the Street Trading Act (NI) 2001 is the power
of a district council to designate specific streets or parts of streets as being suitable for street
trading. The Act also allows a council to vary a previous designating resolution in relation to the
commodities or services to be supplied in specific streets.
1.2
If a street or commodity to be offered has not been designated under the Act, the Council
cannot issue a licence for street trading from a stationary position in that street.
1.3
The process of considering and reviewing the designation of streets is therefore an essential
part of the legal framework within which the Council is enabled to regulate street trading in the
City.
1.4
The Act sets down the procedures which must be followed in considering a designating
resolution or reviewing such resolution in relation to any street, including the types of trading
which may or may not take place in that street. The main steps the Council must undertake
may be summarised as follows:
a) Give public notice of the proposed resolution;
b) Consult with the Police and the Department of Regional Development and other
persons it considers appropriate;
c) Consider any representations relating to the proposed resolution which it has
received;
d) After the Council has considered those representations it may, if it thinks fit, pass
the designating resolution;
e) Publish notice of the outcome for 2 consecutive weeks in 2 or more newspapers,
giving not less than 28 days between the date of the publication and the date set
out by the Council when the resolution will come into effect.
1.5
2
The Committee has previously considered a number of locations and determined their
appropriateness for designation. There are currently 60 streets or parts of streets designated as
being suitable for stationary street trading in Belfast.
Key Issues
New Streets or Part Thereof
2.1
Designation applications or expressions of interest have been received for the creation of new
designated sites at streets at various locations throughout the City as listed below.
Page 8
Location
Commodity
1
Hot
and
cold
non
alcoholic
Ormeau Avenue outside Ormeau Baths.
beverages, confectionery and cold
(size of site – 6m x 2.5m)
food or similar commodities.
2
Hillview Road; site situated on the left Hot
and
cold
non
alcoholic
hand side of the road approximately beverages, confectionery and cold
70m from the Hillview retail park food or similar commodities.
entrance heading in the direction of the
Oldpark Road (size of site – 6m x 2.5m)
3
Hot
and
cold
non
alcoholic
Cliftonville Road in lay-by opposite
beverages, confectionery and cold
numbers 95 to 99
food or similar commodities.
(size of site – 6m x 2.5m)
2.2
The Committee is reminded that it previously agreed not to designate the Ormeau Avenue site
at Ormeau Baths as suitable for street trading purposes at your meeting of 9th December 2008
and 22nd January 2014.
2.3
Officers are not aware of any change in circumstances to the Ormeau Avenue site at Ormeau
Baths since the Committee made its decision and Officers have advised the applicants of the
previous Committee decisions, however the application was still submitted.
2.4
The Committee should consider if you wish to include 1 (above) in the proposed designation.
Variation of Commodities and Services to be provided
2.5
The Act allows the Council to vary a Designating Resolution in relation to the part of the street
where trading is permitted, this includes consideration of the commodities or services which can
be offered at that location. The procedures that must be followed for varying a Designating
Resolution are the same as those for making the Designation in the first place.
2.6
Two licensed street traders have asked for the Council to consider the variation of the
commodities and services which are allowed to be offered at the sites where they are already
licensed.
1
2
2.7
Location
Lombard
Street
at
junction with Rosemary
Street beside flower
planter
Castle Junction Kiosk
Current Commodity
Commodity to be determined
but
excluding
food
and
beverage products of any
nature
Hot and cold non alcoholic
beverages, confectionery, ice
cream and cold food or similar
commodities including the sale
of theatre and event tickets
Proposed Variation
Varied to allow for ice
cream, crepes and hot and
cold
non
alcoholic
beverages.
Varied to allow for bus tour
tickets.
The Committee is reminded that it considered a variation to the commodities for the Castle
Junction Kiosk at your meeting of 18th February 2012 and had agreed to the sale of theatre and
event tickets on condition that no bus tour tickets were offered for sale.
Page 9
2.8
The Committee is further reminded that at your meeting of 16th April 2014, when considering a
similar request to allow for the sale of bus tour tickets for Castle Place (opposite Donegall
Arcade), you agreed to defer consideration of the application pending the outcome of a review
which had been commissioned by the Development Department into sightseeing coach
provision in the City.
Rescinding of Designation
2.9
The Committee is reminded that at its meeting on 16th April 2014, you also considered varying
the commodities at the previously designated site at Donegall Square North (at front of City Hall
close to its junction with Donegall Square West). Following the comments that were received
during the consultation and also due to the fact that the site was unlicensed since November
2013, Members asked that consideration should be given to rescinding the Designating
Resolution for this site. Committee are therefore asked to include the commencement of the
process to rescind the designation of this site.
Process
2.10 Permission is sought to allow the publication of the statutory 28-day notice of the proposed
resolution and to commence consultation with statutory bodies and other persons who may
have an interest in the proposal.
2.11 The Committee should consider if you wish to include the previously refused designations in the
proposed resolution, namely:
•
•
Ormeau Avenue at Ormeau Baths for night time trade.
Castle Junction Kiosk variation of commodities.
2.12 Members are advised that there is no right of appeal in the Act should you decide not to
proceed with the designation process in respect of these two sites; other than by way of Judicial
Review. Both sites were properly considered previously by the Council and officers are not
aware of any changes in circumstances at either location.
2.13 In respect of the other sites, none of which have been proposed before, legal advice previously
has been that the Council should consider them after undertaking consultation with statutory
bodies and other persons who may have an interest in the proposals, before making a decision
on whether to designate them or refuse the designation.
2.14 Further reports will be brought to the Committee at a later date detailing the outcome of the
process of consultation. At that stage, Members will be able to decide on the variation of
designating resolutions or the designation of the streets along with any restriction on the
commodity to be sold and any recommendations about the restriction on the times of trading.
3
3.1
Resource Implications
Financial
The cost of the legal notices is included in current revenue budgets.
3.2
Human Resources
Administration of Street Trading Designation applications and the process of consultation are
included in current budgetary estimates.
3.3
Asset and Other Implications
None.
Page 10
4
4.1
5
5.1
6
Equality and Good Relations Considerations
There are no equality or good relations issues.
Recommendation
The Committee is requested to approve and authorise the list of streets or parts thereof
including any amendments for publication and the commencement of consultation with statutory
bodies and other persons who may have an interest in the proposals.
Decision Tracking
A report on the outcome of the consultation will be presented to Committee at a later date. The person
responsible for this action is Trevor Martin, Head of Building Control.
Page 11
Agenda Item 2c
Belfast City Council
Report to:
Licensing Committee
Subject:
Competing Stationary Street Trading Licence Applications –
Boucher Crescent
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1
Relevant Background Information
1.1
Members are reminded that, at your meeting on 21st January 2015, you considered separate
Street Trading Licence applications from Mr Christopher Heggan, Mr Steven Johnston and Mr
Keiron McWilliams for the vacant designated site on Boucher Crescent.
1.2
After consideration, the Committee agreed that it was minded to grant to Mr McWilliams a
Stationary Street Trading Licence permitting him to sell hot food and non-alcoholic beverages
on a Monday, Tuesday, Wednesday and Saturday between the hours of 7.00 am and 3.30 pm
and on a Thursday and Friday from 7.00 am till 7.30 pm, in Boucher Crescent, at a site which
has been designated previously for the sale of those commodities, subject to:
1.3
2
the applicant providing all necessary documentation; and
the receipt of the appropriate licensing fees.
A copy of the minute from that meeting is attached.
Key Issues
2.1
As a consequence of agreeing that you were minded to grant the Licence to Mr McWilliams and
also that there was only one designated site available, the Committee agreed that it was
minded to refuse the applications which had been submitted by Mr. C. Heggan and Mr. S.
Johnston. That decision was on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street
Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade
was unsuitable and that there were sufficient traders trading at that location in the articles,
things or services in which they wished to trade.
2.2
Accordingly, Mr Heggan and Mr Johnston were notified that they would be permitted to make
written representation to the Council with such representation to be made within twenty-one
days from the date of notice.
2.3
Members are advised that neither Mr Heggan nor Mr Johnston has submitted any
representations.
Page 12
3
3.1
Resource Implications
Financial
If the Committee grants a licence, the Street Trading Licence fee is as follows:
application Fee of £100, and
a Licence fee, for Monday to Saturday £800.
3.2
Human Resources
None.
3.3
Asset and Other Implications
None.
4
4.1
5
5.1
Equality and Good Relations Considerations
There are no equality or good relations issues
Recommendations
Members must agree either to:
st
1. uphold the initial decision of the 21 January 2015 and grant the licence to Mr McWilliams
for a period of one year and refuse the other applications, or
2. amend its decision of 21st January 2015.
5.2
If Members amend their decision of 21st January 2015 it should give the grounds for so doing
and that a date for a special meeting be arranged to hear from the applicants again before
making the final decision.
5.3
On granting a licence, Members may attach any reasonable conditions to it they so decide.
6
Decision Tracking
If Members uphold their decision of 21st January 2015, assuming all outstanding technical matters
have been dealt with, Mr McWilliams will be sent a copy of the licence within 7 days of the Council
decision. The person responsible for this action is Trevor Martin, Head of Building Control.
Mr Heggan and Mr Johnston will be advised in writing of the final decision of the Council within 7 days
and advised of their right to appeal the Council’s decision within 21 days of notification of that decision
to the Magistrates’ Court. The person responsible for this action is Henry Downey, Democratic
Services Officer, Chief Executive’s Department.
If Committee amend their decision of 21st January 2015 all applicants will be informed that a special
meeting will be arranged to hear from them again before a final decision is made. The person
responsible for this action is Henry Downey, Democratic Services Officer, Chief Executive’s
Department.
7
Document Attached
Minute of meeting of 21st January, 2015.
Page 13
Extract – Licensing Committee
21st January, 2015
Competing Applications for the Grant of a Stationary Street
Trading Licence – Boucher Crescent
The Committee was advised that competing applications had been received from three
persons wishing to trade from a vacant designated site in Boucher Crescent. The Head of
Building Control reviewed the applications, one of which had been submitted by Mr. C.
Heggan, who had applied to sell, from a hot food trailer measuring 4 metres by 2.15 metres,
hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00
a.m. and 4.00 p.m. He explained that the applicant’s food business was registered currently
by Lisburn City Council and that it had been awarded a 5* rating under the Northern Ireland
Food Hygiene Rating Scheme. Mr. Heggan had, since June, 2014, been licensed to trade
from a designated site in Apollo Road and had indicated that, should his current application
be successful, he would vacate that site. The Head of Building Control pointed out that
Council officers had found that the applicant had, on two occasions, breached the conditions
of his Stationary Street Trading Licence by leaving his trailer on that site once trading had
ceased. Mr. Heggan had been advised of the breaches and, whilst no further action was
being considered, officers would continue to monitor his adherence to the Street Trading
legislation.
He reported that the second applicant, namely, Mr. S. Johnston, was seeking to sell,
from a hot dog cart measuring 1.5 metres by 1.5 metres, hot food and non-alcoholic
beverages on a Monday, Tuesday and Saturday between the hours of 10.00 a.m. and
5.00 p.m. and on a Wednesday, Thursday and Friday from 10.00 a.m. till 9.00 p.m.
He confirmed that the applicant had never held a Street Trading Licence within Belfast and,
given that he was only in the process of applying to have his food business registered by the
Council, had not as yet attained a rating under the Food Hygiene Rating Scheme.
He informed the Members that the third application had been submitted by
Mr. K. McWilliams, whose food business was registered currently by Newtownabbey
Borough Council and had been given a 5* food hygiene rating. Mr. McWilliams was seeking
to sell, from a hot food trailer measuring 5.5 metres by 2.15 metres, hot food and nonalcoholic beverages on a Monday, Tuesday, Wednesday and Saturday between the hours of
7.00 a.m. and 3.30 p.m. and on a Thursday and Friday from 7.00 a.m. till 7.30 p.m. It was
pointed out that the applicant had held previously a Stationary Street Trading Licence for a
designated site in Dargan Crescent, however, he had cancelled that Licence after a period of
one month due to a lack of trade.
The Committee was informed that the three applicants were in attendance in order to
outline their proposals for the site and Mr. C. Heggan was admitted firstly to the meeting.
Mr. Heggan informed the Members that he had worked within the catering sector in
Northern Ireland for the past twenty-five years and that his business had attained a
5* hygiene rating from Lisburn City Council, in whose area he resided and where his hot food
trailer was stored when not in use. He displayed a unique range of foods which he offered
for sale and pointed out that they were sourced from specialist suppliers. In addition,
biodegradable, as opposed to polystyrene or plastic, food containers and cutlery were used
in the business, appropriate waste bins were provided and all litter was removed from the
site at the end of each day. He explained that he worked on the trailer on a full-time basis
and that he employed a part-time chef. However, should his application be successful, it
would be his intention to employ two additional staff, who would each receive training on all
Page 14
aspects of food hygiene. He concluded by assuring the Committee that his hot food trailer
would be removed from the site at the end of each day.
Mr. Heggan thanked the Committee for receiving him and he retired from the meeting.
Mr. Johnston, who was then admitted to the meeting, explained that he was
proposing to sell hot dogs and similar food products from a cart which was similar in style to
those found in New York and which would be environmentally friendly in that it did not
generate fumes or grease. He pointed out that market research had revealed that those
products, which would be prepared in advance, would be likely to prove popular for
customers. He added that he was in the process of registering his food business with the
appropriate council and, having thanked the Committee, he left the meeting.
Mr. K. McWilliams, the third applicant, was thereupon welcomed to the meeting.
He reported that his food business possessed a 5* food hygiene rating from
Newtownabbey Borough Council and that he had provided catering for a number of events
and private functions within Belfast. His trailer was based upon the theme of an American
diner and he confirmed that, should his application be successful, it was his intention to offer
to customers a wide range of fresh foods, such as bagels and sandwiches. He concluded by
stating that the site where he would be trading would be kept free of litter at all times and that
he would ensure that his trailer would be removed once trading had ended.
The Chairman thanked Mr. McWilliams for his contribution and he retired from the
meeting.
After a lengthy discussion, it was
Moved by Councillor Hussey,
Seconded by Alderman Rodgers,
That the Committee, in its capacity as Licensing Authority, agrees, on the
basis that he currently holds a Stationary Street Trading Licence in Belfast
and is, therefore, an established and experienced trader, that it is minded to
grant to Mr. C. Heggan a Stationary Street Trading Licence permitting him to
sell hot food and non-alcoholic beverages from Monday to Saturday between
the hours of 7.00 a.m. and 4.00 p.m. in Boucher Crescent, at a site which has
been designated previously for the sale of those commodities, subject to:
(i)
the applicant providing all necessary documentation; and
(ii)
the receipt of the appropriate licensing fees.
Amendment
Moved by Councillor McCarthy,
Seconded by Councillor Mullan,
That the Committee, in its capacity as Licensing Authority, agrees, in view
of the fact that he does not hold a Stationary Street Trading Licence currently
and that, when trading previously at a designated site in Dargan Crescent, he
had operated in accordance with the conditions of his Licence, that it is
minded to grant to Mr. K. McWilliams a Stationary Street Trading Licence
permitting him to sell hot food and non-alcoholic beverages on a Monday,
Tuesday, Wednesday and Saturday between the hours of 7.00 a.m. and
3.30 p.m. and on a Thursday and Friday from 7.00 a.m. till 7.30 p.m., in
Page 15
Boucher Crescent, at a site which has been designated previously for the sale
of those commodities, subject to:
(i)
the applicant providing all necessary documentation; and
(ii)
the receipt of the appropriate licensing fees.
On a vote by show of hands eight Members voted for the amendment and four
against and it was accordingly declared carried.
The amendment was thereupon put to the meeting as the substantive motion when
eight Members voted for and four against and it was accordingly declared carried.
As a consequence of the decision to grant the Licence to Mr. McWilliams and the fact
that there was only one designated site available, the Committee agreed that it was minded
to refuse the applications which had been submitted by Mr. C. Heggan and Mr. S. Johnston,
on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street Trading Act (Northern
Ireland) 2001, namely, that the location at which they wished to trade was unsuitable and
that there were sufficient traders trading at that location in the articles, things or services in
which they wished to trade.
The Head of Building Control informed the Members that the unsuccessful applicants
would be advised that, in accordance with Section 12 (2)(b) of the Street Trading Act
(Northern Ireland) 2001, they would be permitted to make written representation to the
Council within twenty-one days from the date of notice.
This page is intentionally left blank
Page 17
Agenda Item 2d
Belfast City Council
Report to:
Licensing Committee
Subject:
Application for the Renewal of a Stationary Street Trading Licence –
Duncrue Crescent
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext 2435
1
Relevant Background Information
1.1
Mr James Thompson has applied to renew his Stationary Street Trading Licence for the sale of
hot food from the designated site in Duncrue Crescent. Mr Thompson has held the licence
since 1996 with no licensing infringements.
1.2
Members may recall that Mr Thompson’s previous Licence renewal was considered by
Committee at your meeting on 19th September 2012 when, arising from the renewal process, it
was identified that he had received a number of criminal convictions in March, 2011.
1.3
However, after consideration, the Committee agreed to grant the licence for a period of 3 years
up until December 2014.
2
Key Issues
2.1
Arising from his recent renewal application, we have been made aware that Mr Thompson has
been the subject of further convictions since the issue of his last licence.
2.2
Whilst the authority to grant the renewal of Street Trading Licences is delegated to the Director
of Health and Environmental Services, it was deemed appropriate to bring this application to
your attention as you may wish to consider these additional convictions; details of which will be
provided at the meeting.
2.3
Section 9 of the Street Trading Act (N.I.) 2001 provides that the Council may, in certain
circumstances, refuse an application.
2.4
Section 10(1) (c) states that a Council may refuse an application to renew a licence if the
applicant is, on account of misconduct or some other reason relating to trading activities,
unsuitable to hold a Street Trading Licence.
2.5
Should the Committee be minded to use its discretionary power to refuse to renew Mr
Thompson’s Street Trading Licence Section 12 of the Act requires that Mr Thompson be
informed of the ‘minded to’ decision and that he be invited to make representations at a future
meeting.
Page 18
3
3.1
Resource Implications
Financial
If the licence is revoked, there will be the potential loss of an annual licence fee of £597.55.
However, it is anticipated that there will be sufficient interest in the site that this deficit will be
temporary.
3.2
Human Resources
None
3.3
Asset and other Implications
None
4
4.1
5
5.1
Equality and Good Relations Considerations
There are no equality or good relations issues.
Recommendations
The Committee is requested to decide whether to:
1. renew Mr Thompson’s licence or;
2. agree to consider the renewal of the licence at a future meeting at which Mr Thompson
would be invited to make representation.
6
Decision Tracking
If you are minded to refuse Mr Thompson’s licence, he will be advised in writing within 7 days of his
right to make written representation regarding this decision. The person responsible for this action is
Henry Downey, Democratic Services Officer, Chief Executive’s Department.
This representation will be considered at a subsequent meeting of the Committee.
7
Key to Abbreviations
Act - Street Trading Act (N.I.) 2001
Page 19
Agenda Item 2e
Belfast City Council
Report to:
Licensing Committee
Subject:
Application for Extended Hours - Cathedral Quarter Arts Festival,
Custom House Square
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1.0
Relevant Background Information
1.1
A request has been received from Cathedral Quarter Arts Festival to hold a 9 day music event
in a marquee at Custom House Square.
1.2
Custom House Square is the responsibility of the Department for Social Development and they
currently hold both a Seven-day Annual Outdoor Entertainments Licence and a 7-Day Annual
Marquee Entertainments Licence for the Square.
1.3
The standard days and hours during which the marquee is currently licensed to provide
entertainment are:
Monday to Sunday: 11.30 am to 11.00 pm.
1.4
In addition the following conditions are attached to the Entertainments Licence:
•
a licensee may, 3 months in advance of a proposed event, apply for additional hours to
provide entertainment beyond 11.00 pm. Such applications will be considered by the
Licensing Committee and any previous noise issues will be taken into account;
•
should an application to provide entertainment beyond 11.00pm be granted and the
Council then receive a significant number of complaints regarding noise or the complaint is
of such significant impact, authority is granted to the Director of Health and Environmental
Services, in consultation with the Legal Services Manager, to reduce the finishing time for
any subsequent nights of the event, in which case the promoter will be required to make
contingency arrangements;
•
all letters forwarded by promoters to residents must advise that, should they have
objections or concerns regarding an event providing entertainment beyond 11.00pm, they
contact the Building Control Service.
1.5
Members may recall that in previous years the Committee has granted extensions beyond the
standard hours of 11.00 pm for this and other events such as Belsonic.
1.6
Whilst recognising that such music events contribute to the overall ‘vibrancy’ of the City it is also
the case that noise from these events has the potential to cause widespread disturbance to
those living and working in the vicinity.
Page 20
1.7
Before granting any extension, the Committee has always carefully considered the financial and
commercial benefits of such events against the interests of residents within the area and has,
on occasions, agreed with respective promoters to reduce the number of nights they had
originally intended to go beyond the standard hours of 11.00pm in order to reduce the impact
upon them.
2.0
Key Issues
2.1
The Cathedral Quarter Arts Festival has been taking place for the last 16 years and includes a
wide programme of events of local, national and international music, literature, comedy and
drama. The event is also regarded as being an integral part of the arts and cultural calendar in
Belfast.
2.2
This year the organisers propose to hold the Festival over 9 nights between 1st and 9th May
2015. There is also an event being held on 10th May but it will finish by 5.00pm. This year the
programme includes acts such as Wilko Johnston, Mary Gauthier and The Vaccines along with
other international and local artists.
2.3
In addition to the events being held at Custom House Square there are other events taking
place within licensed premises across the city.
2.4
The organisers have requested permission to run the event beyond 11.00pm to 12.00am on 5
of the 9 nights as follows:
•
•
•
•
•
2.5
2.6
Friday 1st May
Saturday 2nd May
Sunday 3rd May (Bank Holiday weekend)
Friday 8th May
Saturday 9th May
A copy of the proposed running order for the festival is attached at Appendix 1.
Rationale for additional hours
The organisers have advised that the two weekends of the festival are regarded as the busiest
evenings and they see more visitors from outside the city and further afield attending these
festival events.
2.7
They hope that the extended hours will provide their visitors with a memorable festival
experience and value for money and allow them to ‘make a night of it’ by availing of the many
local restaurants before attending the concerts.
2.8
The organisers have also advised that the extra hour on these weekend nights enables them to
add local support acts to the bill and give them the opportunity to support a headline festival act.
Being able to support such acts is a priceless opportunity for local bands, helping them to reach
new audiences, build experience and ultimately achieve greater success.
2.9
As this is not an application to vary the terms of the licence, but a request for Council’s
permission to extend the hours under an existing licence condition, there is no requirement for
public advertisement in this case.
2.10 A copy of a letter from the organiser outlining the background to the event and reasons for
requesting the extended hours to 12.00am is attached at Appendix 2.
2.11 Representatives of Cathedral Quarter Arts Festival will be available at the meeting should you
wish to seek further information on these proposals.
Page 21
Health, safety and welfare issues
2.12 Officers of the Service are working with the organisers regarding their Event Management Plan
and will carefully assess this document and other supporting information to ensure the technical
requirements of the event and licence conditions are complied with.
2.13 As required by the conditions of licence, the organisers will also be writing to each of the
residents within the vicinity of the venue and providing them with information about the event
and the desire to finish at 12.00am on the 5 nights proposed.
2.14 A copy of the proposed letter to be sent to residents is attached at Appendix 3.
2.15 Officers of the Building Control Service have carried out during performance inspections over
the duration of this event in previous years and have always found the organisers to be
professional in their approach and have had no issues with the health, safety and welfare
management of the event during that time.
Noise issues
2.16 The Environmental Protection Unit (EPU) has been consulted in relation to the request for late
night entertainment for the Festival.
2.17 In view of the apartment developments situated in close proximity to the Festival Marquee, the
EPU feel it is important to protect the night time period between 11.00pm and 7.00am for
residents.
2.18 Last year two complaints were received over the course of the 11 nights of the Festival.
Complaints were as a result of noise outbreak from the marquee but no formal action was
deemed necessary in relation to these complaints.
2.19 Members may recall that in previous years a small number of complaints were received. In
2013 a total of 7 complaints were received over the course of the event. Complaints were as a
result of noise outbreak from the marquee and, under the terms of the Clean Neighbourhoods
and Environment (NI) Act 2011, a Warning Notice had to be served on one of the nights on the
Event Manager for failure to reduce noise in the required time.
2.20 In 2012 one complaint was received which related to the dismantling of the marquee rather
than music disturbance. However, it is noted that in 2012 all events finished by 11.00pm.
2.21 In 2011, when the event did finish after 11.00pm on a number of nights, one complaint was
received after 11.00pm regarding alleged noise disturbance from music.
2.22 Members are advised that the Clean Neighbourhoods and Environmental Act (Northern Ireland)
2011 gives Council officers additional enforcement powers in relation to entertainment noise
after 11.00pm and may wish to consider the request for later finish times in light of this.
2.23 An officer from EPU will be available at your meeting to advise on any concerns regarding the
proposed event and any potential noise impact it may have on nearby residents.
PSNI
2.24 The PSNI have been consulted in relation to the application and have no objection or concerns
with the event. They will be invited to the pre-event meeting and to be a part of any other
discussions regarding the event.
3.0
Resource Implications
Financial
3.1
Officers will be required to carry out inspections at the event but this is catered for within
existing budgets.
Page 22
3.2
Human Resources
None.
3.3
Asset and Other Implications
None.
4.0
Equality and Good Relations Considerations
4.1
There are no equality or good relations issues.
5.0
Recommendation
5.1
Having considered this information and any representations received you are then required to
determine, subject to all technical requirements being met:
1. If any or all of the proposed 5 nights for the Cathedral Quarter Arts Festival in May 2015
should be permitted to take place beyond the standard hours of licence and, if so
2. Determine an appropriate finishing time for each of the proposed extended nights of the
event.
6.0
Decision Tracking
Any approval is subject to the applicant fully complying with any technical requirements to the
satisfaction of the Officers of the Council, including the submission of the necessary certificates,
insurances and other documents relevant to the event. The person responsible for this action is Trevor
Martin, Head of Building Control.
7.0
Documents Attached
Appendix 1 – Festival running order
Appendix 2 – Rationale from the organiser outlining the reasons for requesting the extended
hours
Appendix 3 – Residents Letter from the organiser
Cathedral Quarter Arts Festival, Custom House Square - Proposed Running Order 2013
Appendix 1
Day
Artist
Details
Set Up
Doors open:
Live Music Curfew
01/05/2015
Fri
Live Music TBC
Folk/Rock
TBC
7.45pm
12am*
02/05/2015
Sat
The Charlatans
Indie/Rock
Mostly standing
7.45pm
12am*
03/05/2015
Sun (BANK
HOLIDAY)
Tease-O-Rama Cabaret Ball
Cabaret, music &
dancing
Cabaret
7.45pm
12am*
04/05/2015
Mon
The Staves
Folk
Mostly seated
7.45pm
11pm
05/05/2015
Tues
Bassekou Kouyate and Ngoni Ba
World Music
Mostly seated
7.45pm
11pm
06/05/2015
Wed
Jerry Sadowitz
Magic/Comedy
Fully seated
7.45pm
11pm
07/05/2015
Thurs
The Vaccines
Indie/Rock
Mostly standing
7.45pm
11pm
08/05/2015
Fri
Live Music
Folk/Rock
TBC
7.45pm
12am*
09/05/2015
Sat
Wilko Johnson
Blues
Mostly standing
7.45pm
12am*
10/05/2015
Sun
Mary Gauthier
Folk Singer Songwriter
Fully seated
2.45pm
5pm
*subject to license
Page 23
Date
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Page 25
Appendix 2
Cathedral Quarter Arts Festival 2015
Now in its 16th year, the Cathedral Quarter Arts Festival has become an integral part
of the arts and cultural events calendar in Belfast. Each year the festival delivers an
eleven day, world class programme of local, national and international music,
literature, comedy and drama. With the kind support of public sector bodies
including Belfast City Council, NITB and ACNI, the festival is able to stage high
quality events for nominal ticket prices, making the events accessible to communities
from across the entire city and attractive to out of state visitors.
In addition to using arts and cultural venues across the city centre, the festival erects
a beautiful marquee in Custom House Square. This has quickly become one of the
most popular venues in the festival programme staging memorable folk and world
music concerts and unforgettable stand-up comedy shows.
During the last few years the festival has run for 11 nights, this year’s format is
slightly different as we plan to hold just 9 evening events, 4 of which will be finished
before 11pm. The final event will be held on the afternoon of Sunday 10th May and
finish by 5pm. We hope that this will cause less disruption to the residents
surrounding Custom House Square and we will continue to communicate and work
closely with them to ensure they can enjoy the festival where possible.
The two weekends of the festival are undoubtedly the busiest evenings at the
marquee in Custom House Square. This is when we see the majority of our visitors
from outside the city and out of state attending festival events. In order to provide
our visitors with a memorable festival experience and value for money, we would like
to be able to extend the evening entertainment until 12am. This allows visitors to
‘make a night of it’ by going for dinner in the local area and still being able to see a
full concert/show. We want the visitors to our festival/Belfast to have an experience
which is comparable (or indeed exceeds) what they would have at cultural events in
other UK or European cities.
Having an extra hour on weekend nights also enables us to add a local artist to the
bill each evening. Being able to support a headline festival act is a priceless
opportunity for local bands and performers, helping them to reach new audiences,
build experience and ultimately achieve greater success.
Cathedral Quarter Arts Festival has been instrumental in the regeneration of the
Cathedral Quarter area over the last 16 years. The festival is wholly committed to
the continued economic and cultural development of the city.
Cathedral Quarter Arts Festival is committed to providing a safe, well managed
festival experience for visitors, the management team work closely with local
businesses and residents to ensure the events are delivered with as little disruption
as possible to the neighbours of Custom House Square.
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Page 27
Appendix 3
DRAFT RESIDENTS LETTER
Re: CATHEDRAL QUARTER ARTS FESTIVAL at Custom House Square
Dear Resident
I am writing to let you know about events taking place in the Cathedral Quarter Arts Festival
Marquee, which will return this year to Custom House Square. The Festival takes place from 1st
May to 10th May and is kindly supported by Belfast City Council, The Department for Social
Development, The Arts Council of Northern Ireland and many local businesses.
The set-up of the site will commence on Tuesday 28th April and the marquee will be taken down on
Monday 11th May. There will be no music or live events on these days.
The details of the festival are as follows:
Date
Artist
Doors
open
Live music finish time:
01/05/2015
Live Music TBC
7.45pm
12.00am
02/05/2015
The Charlatans
7.45pm
12.00am
03/05/2015
Tease-O-Rama Ball & Cabaret
7.45pm
12.00am
04/05/2015
05/05/2015
06/05/2015
The Staves
Bassekou Kouyate and Ngoni Ba
Jerry Sadowitz
7.45pm
7.45pm
7.45pm
11.00pm
11.00pm
11.00pm
07/05/2015
08/05/2015
The Vaccines
Live Music TBC
7.45pm
7.45pm
11.00pm
12.00am
09/05/2015
10/05/2015
Wilko Johnson
Mary Gauthier
7.45pm
2.45pm
12.00am
5.00pm
NB: The provision of entertainment to 12.00am will be subject to approval by Belfast City Council’s
Licensing Committee at their meeting of 18th March 2015.
As responsible event organisers we want to do everything possible to minimise noise overflow and
disruption to local residents. We have therefore taken the following precautions:
1. All sound checks will be completed after 4.00pm.
2. Noise levels throughout the event will be strictly monitored by the Event Manager & Audio
Consultant.
Any noise complaints received during the event will be dealt with directly by me and I will liaise with
Belfast City Council, Building Control, Licensing Section to resolve the complaint.
If the individual raising the noise complaint is not satisfied they can contact Belfast City Council’s
Night-Time Noise Hotline on 028 90 373006 between the hours of 8.00pm and 4.00am who can
investigate the complaint further.
Please note, when contacting the Noise Hotline, you may receive an automated message. This
does not mean that your complaint will not be deal with as the unit may be responding to other
complaints at the time of your call. Therefore, please leave your name, contact number and query
and they will contact you as soon as they are available.
Page 28
DRAFT RESIDENTS LETTER
If you have any concerns or queries, please do not hesitate to contact me on 07738090064 or 02890
232403. For further information about the event please also log onto www.cqaf.com.
We would also like to invite you to apply for a pair of complimentary tickets to one of the following
shows:
TBC
For tickets, please contact [email protected] with your apartment number and name.
Yours Sincerely,
Louise McElvanna
Event Manager
Page 29
Agenda Item 2f
Belfast City Council
Report to:
Licensing Committee
Subject:
Application for the Variation of a Seven-day Annual Entertainments
Licence - Kings Hall Pavilion, Kings Hall Complex
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1
1.1
Relevant Background Information
An application has been received from Mr Colin McDonald of the Royal Ulster Agricultural
Society (RUAS) for the variation of the Seven-day Annual Entertainments Licence for the Kings
Hall Pavilion, based on the Council’s standard conditions to provide music, singing, dancing or
any other entertainment of a like kind.
Premises and Location
Kings Hall Pavilion
Kings Hall Complex
Lisburn Road
Belfast, BT9 6GW
Ref. No.
WK/2014/02416
Applicant
Mr Colin McDonald
RUAS
1.2
A copy of the application form is attached at Appendix 1.
1.3
The area currently licensed to provide entertainment is the main Exhibition Space, which has a
maximum capacity of 3652 persons.
1.4
The days and hours during which the building is presently licensed to provide entertainment
are:
Monday to Saturday: 11.30 am to 1.00 am the following day
Sunday:
12.30 pm to midnight
1.5
The venue is a multipurpose exhibition space and caters for a wide variety of different forms of
entertainment including boxing contests, theatrical shows and live musical performances.
1.6
The nature of the variation is to extend the hours during which entertainment may be provided
to 1.30am, Monday to Saturday.
1.7
A location map is attached at Appendix 2.
2
2.1
Key Issues
Members are reminded that the normal process for dealing with Entertainments Licence
applications which are not the subject of objections is that the Director of Health and
Environmental Services will grant the licence as provided for in the Council’s Scheme of
Delegation.
Page 30
2.2
2.3
However, in light of the fact that the application is a variation to extend the hours of
entertainment past 1.00 am the application is being presented to you for your consideration.
Reasons for the Variation
The licensee has stated that, whilst the application is to vary the licence from 1.00am to 1.30am
Monday to Saturday, the key reason for the variation is to facilitate events such as the Waterloo
Ball which is being held on 23rd May 2015.
2.4
The Waterloo Ball is a fundraising event for the Lord’s Taverners charity. The charity is
dedicated to providing opportunities for disadvantaged and disabled young people to participate
in competitive sports, with particular focus upon cricket. Often events of this nature, because of
the time taken by the fundraising element, charity raffles etc. seek to provide entertainments for
an extra 30 minutes. This variation will give the licensee some scope in facilitating such events.
2.5
A copy of the applicant’s submission is attached to this report as Appendix 3.
2.6
Representations
No written representation has been lodged as a result of the public notices of the applications.
2.7
PSNI
The PSNI has been consulted and has confirmed that they have no objection to the application.
2.8
2.9
Health, safety and welfare inspections
No musical entertainment events have taken place at the venue during the past 12 months;
therefore we have had no reason to carry out any during performance inspections other than
the mandatory inspection as part of last year’s renewal application.
As part of the inspection, an Officer of the Service met with the management of the venue to
review their processes/procedures and found that the terms and conditions of the
Entertainments Licence were being adhered to and that the management of the premises was
satisfactory.
Noise Issues
2.10 The Environmental Protection Unit (EPU) of the Department has confirmed that over the past
12 months they have received only one noise complaint. The complaint stemmed from noise
disturbance arising from a Mixed Martial Arts event hosted at the venue. Advice was provided
to the licensee following the event.
Licensee
2.11 Representatives for the applicant will be available to discuss any matters relating to the
application for the Entertainments Licence at your meeting.
3
Resource Implications
3.1
Financial
None.
3.2
Human Resources
None.
3.3
Asset and Other Implications
None.
Page 31
4
4.1
5
5.1
Equality and Good Relations Considerations
There are no relevant equality or good relations issues associated with this report.
Decision
Taking into account the information presented and any representations received you are
required to consider the application for the variation of this licence and to:1. approve the application for the variation to permit entertainment to be provided to 1.30
am, Monday to Saturday, or
2. approve the variation application with special conditions; in addition to the standard
conditions, or
3. refuse the application for the variation of the licence.
5.2
If the application is refused, or special conditions are attached to the licence to which the
applicant does not consent, then the applicant may appeal the Council’s decision within 21 days
of notification of that decision to the County Court.
5.3
Should you refuse to vary the licence as requested, and the applicant decides to appeal, the
licence will continue with its present conditions until the Appeal is determined.
6
Decision Tracking
If the variation is granted, assuming all outstanding technical matters have been dealt with, the
applicant will be sent a copy of the Licence within 7 days of the Council decision. The person
responsible for this action is Trevor Martin, Head of Building Control.
If you are of a mind to refuse the application or attach special conditions to the Licence within 7 days
from the date of the Council’s decision the applicant will be advised in writing of their right to appeal
the Council’s decision to the County Court. The person responsible for this action is Henry Downey,
Democratic Services Officer, Chief Executive’s Department.
7
Documents Attached
For your information, the following supporting documents are attached to this Report:
Appendix 1 – Application form
Appendix 2 – Location Map
Appendix 3 – Rationale from applicant
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Page 37
Appendix 2
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Page 39
Appendix 3
From: Theresa Morrissey
Sent: 12/03/2015 12:46
To: Darren McCamphill
Subject: RE: Kings Hall Pavilion, Kings Hall Complex, Lisburn Road - Committee Report
Good afternoon Darren,
As per our conversation this morning, I can confirm that the rational for the variation, that is the
extension in hours, is as follows:-
“The Waterloo Ball is a fundraising event for the Lord’s Taverners charity. The charity is
dedicated to providing opportunities for disadvantaged and disabled young people to
participate in competitive sports, with particular focus upon cricket.”
Many thanks for your assistance with this matter.
Kind regards,
Theresa Morrissey
Financial and Commercial Director
E. [email protected] | T. +44 (0) 28 9068 6192
Royal Ulster Agricultural Society, King's Hall Complex, Balmoral, Belfast, BT9 6GW.
King's Hall Complex, Balmoral, Belfast, BT9 6GW.
Balmoral Park, Maze Long Kesh, Lisburn, BT27 5RF.
T. +44 (0) 28 9066 5225 | F. +44 (0) 28 9066 1264 | E. [email protected]
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Page 41
Agenda Item 2g
Belfast City Council
Report to:
Licensing Committee
Subject:
Application for the Grant of a Seven-day Annual Outdoor Entertainments
Licence – Villa, 2-6 Dunbar Street
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1
1.1
Relevant Background Information
An application has been received from Mr Lawrence Bannon for the grant of a Seven-day
Annual Outdoor Entertainments Licence for the smoking area at the front of Villa Nightclub on
Dunbar Street.
Premises and Location
Villa
2-16 Dunbar Street
Belfast, BT1 2LH
Ref. No.
WK/201402386
Applicant
Mr Lawrence Bannon
Newgate Inns Limited
2-16 Dunbar Street
Belfast, BT1 2LH
1.2
The applicant proposes to provide entertainment within the nightclub’s smoking area, which is
located at the front of the building on Dunbar Street.
1.3
The applicant currently holds a seven-day annual indoor Entertainments Licence, however
Members are advised that the persons to be accommodated in the new outdoor area are
included in the overall maximum occupancy of the indoor area of 575 persons; they are not in
addition to this occupancy.
1.4
The indoor areas currently licensed to provide entertainment are the:
1.5
The days and hours during which the premises are currently licensed to provide indoor
entertainment are:
1.6
Ground floor Bar, with a maximum capacity of 325 persons
1st floor Bar, with a maximum capacity of 200 persons
1st VIP Bar, with a maximum capacity of 50 persons.
Monday to Saturday: 11.30 am to 3.00 am the following morning, and
Sunday: 12.30 am to 3.00 am the following morning.
The premises operates as a public bar and nightclub with indoor entertainment being provided
in the form of DJs and live bands.
Page 42
1.7
The days and hours during which entertainment is proposed to be provided in the new outdoor
area is as follows:
Monday to Sunday: 7.00 pm to 1.00 am the following morning
1.8
The applicant has advised that, if a licence is granted for the area, it is the intention to provide
entertainment in the form of a 1–2 piece band or DJ.
1.9
Layout plans of the proposed outdoor area are attached as Appendix 3.
2
2.1
Key Issues
Members are reminded that the normal process for dealing with Entertainments Licence
applications which are not the subject of objections, is that the Director of Health and
Environmental Services will grant the licence as provided for in the Council’s Scheme of
Delegation.
2.2
However, at your meeting on 21st November 2012, you agreed that all future applications for the
grant of Outdoor Entertainments Licences be brought before Committee for your consideration.
2.3
Representations
Public notices of the application were placed in the newspapers and no objections were
received.
2.4
2.5
2.6
2.7
PSNI
The PSNI has been consulted and has confirmed that it has no objection to the application.
Health, safety and welfare inspections
A total of six during performance inspections have been carried out on the premises by Officers
from the Service regarding the provision of indoor entertainment in the past 12 months.
The inspections revealed that the conditions of the Entertainments Licence were being adhered
to and Officers were satisfied that all operational and management procedures were being
implemented effectively.
Noise Issues
A total of eight complaints have been received within the past 12 months. The complaints relate
to noise emanating from the premise and noise arising from patron dispersal. One verbal
warning and one warning notice was issued to the Licensee during this time. The licensee was
notified of the other complaints but no further action was deemed necessary.
2.8
An acoustic report outlining the measures to be taken to ensure minimal disturbance to
neighbouring residential premises, either due to noise breakout or from patron activity, was
requested.
2.9
The acoustic report has only recently been received and has now been assessed by the
Environmental Protection Unit (EPU). EPU has recommended that sound testing is performed
by the acoustic consultant in order to determine a suitable music noise level within the outdoor
area so that the entertainment does not give rise to unreasonable disturbance at the nearest
residential premises. Evidence of control measures so that the music noise level can be ‘set’
and controlled by Management has also been requested.
2.10 The results of the sound testing will be verified by Council Officers to ensure the presented
music noise levels are within the appropriate limits at the nearest residential premises. Officers
from the Unit will be available to meet and advise the applicant/acoustic consultant where this is
necessary. An Officer from the EPU will be in attendance at your meeting to answer any
queries you may have regarding noise.
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2.11 A report detailing the complaints is attached as Appendix 4.
Licensee
2.12 Representatives for the applicant will be available to discuss any matters relating to the
application at your meeting.
3
Resource Implications
3.1
Financial
None.
3.2
Human Resources
None.
3.3
Asset and Other Implications
None.
4
4.1
5
5.1
Equality and Good Relations Considerations
There are no equality or good relations issues.
Recommendations
Taking into account the information presented and any representations made in respect of the
application you are required to make a decision to either:
1. Approve the application for the grant of a seven-day Annual Outdoor Entertainments
Licence, or
2. Approve the application for the grant with special conditions, or
3. Refuse the application for the grant of the licence.
5.2
6
If the application is refused, or special conditions are attached to the licence to which the
applicant does not consent, then the applicant may appeal the Council’s decision within 21 days
of notification of that decision to the County Court. In the case that the applicant subsequently
decides to appeal, outdoor entertainment may not be provided until any such appeal is
determined.
Decision Tracking
If the licence is granted, subject to all outstanding technical matters having been dealt with, the
applicant will be sent a copy of the licence within 7 days of the Council decision. The person
responsible for this action is Trevor Martin, Head of Building Control.
If the application is refused, or special conditions are attached to the Licence to which the applicant
does not consent the applicant will be advised in writing within 7 days of the right to appeal the
Council’s decision within 21 days of notification of that decision to the Magistrates Court. The person
responsible for this action is Henry Downey, Democratic Services Officer, Chief Executive’s
Department.
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7
Documents Attached
Appendix 1 – Application form
Appendix 2 – Location map
Appendix 3 – Layout Plans of Outdoor area
Appendix 4 – Acoustic report
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Appendix 2
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Appendix
Page
55 3
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Agenda Item 2h
Belfast City Council
Report to:
Licensing Committee
Subject:
Application for the Renewal of a Seven-day Annual Entertainments
Licence - Teach Na Monagh, 2a Monagh Grove
Date:
18th March, 2015
Reporting Officer:
Trevor Martin, Head of Building Control, ext. 2450
Contact Officer:
Stephen Hewitt, Building Control Manager, ext. 2435
1
1.1
Relevant Background Information
An application has been received from Mr Patrick Donnelly for the renewal of a Seven-day
Annual Entertainments Licence for Teach Na Monagh, based on the Council’s standard
conditions to provide music, singing, dancing or any other entertainment of a like kind.
Premises and Location
Teach Na Monagh
2a Monagh Grove
Belfast, BT11 8EJ
Ref. No.
WK/201402452
Applicant
Mr Patrick Donnelly
Regent House Mews Ltd
1.2
Under the terms of the Local Government Miscellaneous Provisions (NI) Order 1985, in
considering any application for the grant, renewal, or transfer of an Entertainments Licence, the
Council must have regard to any conviction of the applicant of an offence under the Order
within the period of five years immediately preceding the date when the application was made.
1.3
This application is placed before the Committee as Regent House Mews Limited was convicted
of an offence under the Order at Belfast Magistrates Court on 29th January 2013, after a during
performance inspection found a final exit had been locked at the rear of the premises, a
designated emergency escape route had been partially obstructed, and the log book to
demonstrate that appropriate pre-event safety checks had been carried out was not available at
the time of the inspection.
1.4
As a result, Regent House Mews Limited was fined a total of £800 and ordered to pay court
costs of £66 in relation to the 3 separate offences.
1.5
Members may recall that previous renewal applications were brought before the Committee on
20th February 2013 and 16th April 2014 and, after consideration, you agreed to renew the
licence on each occasion.
2
2.1
Key Issues
Members are reminded that the normal process for dealing with Entertainments Licence
renewals which are not the subject of objections is that the Director of Health and
Environmental Services will grant the licence as provided for in the Council’s Scheme of
Delegation. However, in light of the fact that the applicant has been found guilty of committing
an offence within 5 years of the application for the licence being submitted to the Council you
are required to consider the application.
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2.2
2.3
2.4
Representations
Public notices of the application were placed in the newspapers and no objections were
received within the 28 day objection period.
PSNI
The PSNI has been consulted and has confirmed that it has no objection to the application.
Health, safety and welfare inspections
Since the last renewal application Council Officers carried out a during performance inspection
on the premises at which it was uncovered that their log book was not completed properly prior
to entertainment taking place.
2.5
Members are advised that following the discovery of this problem an office meeting was held
with the licensee to discuss the matter and assure officers as to how the problem would be
resolved.
2.6
At a subsequent inspection by the Service, it was confirmed that appropriate procedures were
in place, the conditions of licence were being adhered to and the management of the premises
was satisfactory.
3
Resource Implications
3.1
Financial
None.
3.2
Human Resources
None.
3.3
Asset and Other Implications
None.
4
4.1
5
Equality and Good Relations Considerations
There are no relevant equality or good relations issues associated with this report.
Decision
5.1
Notwithstanding the opportunity to refuse the application on any other grounds, the Council
may refuse an application for an Entertainments Licence on the grounds that the applicant has
been convicted of an offence under the Order within the period of 5 years immediately
preceding the date when the application was made.
5.2
Taking into account the information presented, you are required to consider the application for
the renewal of this licence and to:1. approve the application for the renewal, or
2. Should you be of a mind to refuse the application, or approve the application with
additional special conditions, an opportunity of appearing before and of being heard by
the Committee must be given to the applicant.
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6
Decision Tracking
If the renewal is granted, assuming all outstanding technical matters have been dealt with, the
applicant will be sent a copy of the licence within 7 days of the Council decision. The person
responsible for this action is Trevor Martin, Head of Building Control.
If you are of a mind to refuse the application or attach special conditions to the licence within 7 days
from the date of the Council’s decision the applicant will be advised in writing of their right to an
opportunity of appearing before and of being heard by the Committee. The person responsible for this
action is Henry Downey, Democratic Services Officer, Chief Executive’s Department.
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