Health and Environmental Services Committee 20 October 2004
From Nigov
F2411
Health and Environmental Services Committee
Wednesday, 20th October, 2004
Contents |
SPECIAL MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE
Members present: Councillor O'Reilly (Deputy Chairman); and Councillors W. Browne, M. Clarke, Convery, Hanna and Moore.
In attendance:
- Mr. T. Martin, Head of Building Control;
- Mr. J. Walsh, Principal Solicitor;
- Mr. S. McCrory, Principal Committee Administrator; and
- Miss L. Hillick, Committee Administrator.
Apologies
Apologies for inability to attend were reported from the Chairman (Councillor J. Clarke) and Councillors Crowe and McCann.
Building Control
Application for the Suspension and Transfer of an Entertainments Licence where Objections had been Received
The Network Club, 11a Lower North Street
The Committee was reminded that, at its meeting on 6th September, it had agreed to receive the objectors, the applicant and/or their representatives in connection with an application for the transfer of an Entertainments Licence in respect of The Network Club, 11a Lower North Street.
The Head of Building Control pointed out that, subsequent to the objections in relation to the transfer of the Entertainments Licence having been received, the Police Service of Northern Ireland had requested that the Council, under Article 3, Schedule 1 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, consider, on the grounds of public safety, the suspension of the Seven Day Annual Entertainments Licence in respect of the above-mentioned premises. Accordingly, the Head of Building Control submitted a report, a copy of which, with the exception of the appendices referred to therein, is set out hereunder:
The Head of Building Control advised the Committee that the only objections which had been received in connection with the operation of the Entertainments Licence at the premises had been from the Police Service of Northern Ireland.
It was reported that Inspector I. Blayney and Sergeant S. Cromie, representing the Police Service of Northern Ireland, were in attendance and they were admitted to the meeting and welcomed by the Deputy Chairman (Councillor O’Reilly).
Inspector Blayney advised the Members that on 2nd and 3rd October the Police had mounted a major operation in response to intelligence information gathered in relation to the operation of The Network Club. He reported that on 2nd October Police Officers had witnessed alcohol being consumed on the premises and had noted that illegal gaming machines were in operation. He reported further that on 3rd October, uniformed Police had entered the premises by virtue of a search warrant and, as a result of the search, had recovered:
- approximately 800 ecstasy tablets;
- a small quantity of cannabis;
- a large number of samples of what appeared to be alcohol;
- paperwork suggesting that the premises were being supplied with alcohol on a regular basis;
- two illegal gaming machines; and
- contraband cigarettes.
He reported that one person had been arrested for possession of a class A drug and a full prosecution file was being prepared in relation to all offences detected.
Inspector Blayney pointed out that it was evident to the Police that drugs and alcohol were freely available within the premises and he reiterated that the Police believed that the premises were under the control of a paramilitary organisation. He reported that the Network Club had no licence to sell intoxicating liquor and that the Club’s management was clearly in breach of the Licensing Order (Northern Ireland) 1996.
At the request of Inspector Blayney, the Committee agreed to view a video depicting the nature of the Police operation at the premises and detailing the items found thereat in the course of the search.
Inspector Blayney stated that, given the results of the Police operation and the supporting intelligence information, the Police had serious concerns in relation to public safety at the premises and were therefore requesting the Council to suspend the Licence and to refuse the request for the transfer of the Entertainments Licence to Mr. McGrugan.
In response to a question, Inspector Blayney indicated that forensic testing had indicated that one or more ecstasy drugs may be present in the tablets recovered from the premises, however, those tests were as yet incomplete. He indicated that the forensic science officer had reported that the tablets were likely to be ecstasy.
The deputation then thanked the Committee for receiving them and they retired from the meeting.
In response to a Member’s question, the Principal Solicitor reported that on 14th October he had attended an injunction hearing where the Council had been successful in obtaining a temporary injunction suspending the Entertainments Licence until 2nd November, the day after the full meeting of Belfast City Council when any decision of the Committee would be considered. He indicated that the Committee would be entitled to take the view that the quantity of drugs found on the premises would be a reasonable ground upon which to suspend the Licence in the interest of public safety and, whilst the Committee had an unfettered discretion, this was the basis upon which the injunction had been granted in the High Court.
After discussion, it was
Resolved - That the Council, in its capacity as Licensing Authority, be recommended, on the grounds of public safety, to suspend the operation of the Seven-Day Annual Entertainments Licence in respect of The Network Club, 11a Lower North Street, until the expiry date of the current Licence, namely, 30th June, 2005.
The Committee then proceeded to consider the application which had been received in relation to the transfer of the Licence.
The Head of Building Control reported that the Committee Administrator had received verbal confirmation from the applicant that he wished to withdraw his application in this regard. However, due to the fact that written confirmation of this request had not been received, he recommended that the Committee consider the application thereon.
After discussion, during which the Head of Building Control and the Principal Solicitor answered various questions which were put to them by the Members, it was
Resolved – That the Council, in its capacity as Licensing Authority, be recommended to refuse the application for the transfer of a Seven Day Annual Entertainments Licence in respect of The Network Club, 11a North Street, on the grounds that the applicant is not a fit person to hold such a Licence.
Expression of Sympathy
A Member advised the Committee of the recent and sudden death of the brother of Councillor McCann. The Committee expressed its regret and agreed that its sympathy and condolences be conveyed to Councillor McCann and his family circle.
Chairman
