Health and Environmental Services Committee 21 June 2005
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E79
Health and Environmental Services Committee
Tuesday, 21st June, 2005
Contents |
SPECIAL MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE
Members present: Councillor Template:Bcc0506-O’Reilly (Chairman); the High Sheriff (Councillor D. Browne); and Councillors Campbell, Cunningham, N. Dodds, Hanna, Kirkpatrick, McCann, McCoubrey, McKenzie, McMillen, Mullaghan and Patterson.
Also attended: The Deputy Lord Mayor (Councillor Convery); and Councillors Maginness and McCarthy.
In attendance:
- Mr. W. Francey, Director of Health and Environmental Services;
- Mr. A. Hassard, Head of Environmental Health;
- Mr. T. Martin, Head of Building Control;
- Mr. T. Walker, Head of Waste Management;
- Mr. J. Walsh, Principal Solicitor; and
- Miss L. Hillick, Committee Administrator.
Apology
An apology for inability to attend was reported from Councillor Adamson.
Directorate
Performance Management and Appraisal Scheme
The Committee was reminded that the Council had approved a Performance Management and Appraisal Scheme for the Chief Executive, Chief Officers and Heads of Service. The Scheme provided that each Chief Officer post would be appraised by a panel comprising the Chairman and Deputy Chairman of the relevant Committee (or their nominees), a third Member of the relevant Committee and the Chief Executive.
The Committee agreed that the Chairman, the Deputy Chairman, (or their nominees), and Councillor Patterson be nominated to serve on the Panel which would appraise the post of Director of Health and Environmental Services.
Environmental Health
Dargan Crescent - Ingress of Landfill Gas
The Committee was reminded that, at its meeting on 11th October, 2004, it had agreed that specialist consultants be appointed to design remedial measures to the sub floor of the Pest Control Unit at Dargan Crescent in order to prevent the ingress of landfill gas, with recommendations thereon being presented for the Committee’s consideration at a future meeting.
Accordingly, he sought the Committee’s approval to commence a tendering process for the provision of a landfill gas control system at the Dargan Crescent site. In addition, he recommended that delegated authority be granted to the Director of Health and Environmental Services to agree the contract, the estimated cost of which would be approximately £40,000.
The Committee adopted the recommendation and granted the approval sought.
Waste Management
Arc21 - Study Visit
The Director of Health and Environmental Services reminded the Committee that, at its meeting on 6th June, it had agreed the contract assumptions and tender evaluation criteria in relation to a proposed Arc21 contract for the treatment of organic (gardening and kitchen) Waste. He advised the Committee that the tender process in this regard was scheduled to commence at the end of July, with the contract being awarded during December.
He informed the Committee that, at a recent meeting of the Arc21 Steering Group, it had been agreed that, prior to the commencement of the tender process, it would be beneficial for Elected Representatives from Member Councils to undertake a study visit to an in-vessel composting facility.
The Director explained that various possible sites for the visit were being considered currently and that it was intended, subject to agreement with site operators, that the visit would be undertaken during July. He emphasised the value of viewing this type of facility, which was utilised to treat source separated garden and kitchen wastes, particularly for Members of Councils in whose areas such facilities would be sited. Accordingly, he recommended that the Committee grant authority for the Chairman and Deputy Chairman (or their nominees), together with one representative from each of the remaining Party Groupings on the Council, the Director of Health and Environmental Services and the Head of Waste Management (or their nominees), plus two other officers to participate on the study visit.
The Committee adopted the recommendation and authorised the payment of the appropriate travelling, subsistence and attendance allowances in connection therewith.
Request for Delegated Authority to Secure a Property Lease
The Committee considered the undernoted report in relation to a property lease.
The Committee adopted the recommendation contained within the report.
Building Control
Application for the Grant of an Entertainments Licence where Objections had been Received
Bonaparte’s Ale House, 192 Cavehill Road
(Ms. J. McEneaney, Principal Environmental Health Officer, attended in connection with this item.)
The Committee considered a report which had been prepared by the Head of Building Control concerning an application for the grant of an Entertainments Licence in respect of the above-named premises. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Head of Building Control reported that a representative of the Cavehill Residents' Action Group, which had objected to the application, was in attendance. The Committee agreed to exercise its discretion and to permit the representative who had lodged outside the statutory twenty-eight day period objections on the Action Group’s behalf to make representation to the Committee. Accordingly, he was admitted to the meeting and welcomed by the Chairman (Councillor O’Reilly).
The representative informed the Members that the Cavehill Residents’ Action Group, which was a cross-community, non-political, non-sectarian organisation, had been formed in 2001 for the purpose of improving the local environment in that area of North Belfast. He reported that, for many years, the presence of a licensed premises at 192 Cavehill Road had not had any detrimental impact upon the lives of local residents and pointed out that many of them had welcomed the major refurbishment works which had been undertaken at the premises. However, following a change in ownership of the premises, which had taken place under controversial circumstances, a number of residents had contacted the Police Service of Northern Ireland concerning the conduct of patrons leaving the premises and the unacceptable noise levels emanating from entertainment being provided therein. He pointed out that patrons leaving the premises did not reside within the immediate community but were required to walk or travel thereto from other areas of North Belfast.
He explained that the bar was situated within a quiet residential area and when late night entertainment was being provided local residents had been subjected to incidents of anti-social behaviour, vandalism and public order problems caused by patrons vacating the premises. Many residents, in view of the conduct and nature of persons associated with the premises, were reluctant to lodge complaints with the Police Service of Northern Ireland and a number were now considering selling their homes. He reported that residents of the area had held discussions with Elected Representatives in this regard and were thankful for the manner in which they had been received. He stated that the residents of the area were of the view that the current manager of the premises had no respect for their rights to the quiet enjoyment of their homes and reported that, despite no Entertainments Licence having been granted, loud noise was emanating from the premises from a jukebox which operated therein, a karaoke which was being held on Sunday nights and live band performances. He concluded by stating that, should the Committee grant the Entertainments Licence for Bonaparte’s Ale House, this would have a detrimental impact upon ratepayers residing within the vicinity of the premises.
He thanked the Committee for receiving him and he retired from the meeting.
Inspector T. Mahood and Constable L. Ingram, representing the Police Service of Northern Ireland, which had objected also to the application, were in attendance and they were admitted to the meeting and welcomed by the Chairman.
Inspector Mahood informed the Committee that there was widespread community concern and opposition to the possible granting of the Entertainments Licence for the premises. Community Police had met with politicians, residents and community groups all of whom had voiced concern in relation to the adverse impact which the granting of such a licence would have on the local community. He stated that the applicant, Ms. Hillman, had obtained recently a full Liquor Licence for the premises and that the police would wish to assess how the premises were being managed over a period of time prior to any consideration being given to the granting of an Entertainments Licence. Inspector Mahood pointed out that the Police were of the belief that the premises were under the control of a paramilitary organisation.
He advised the Committee that there had been an increase recently in the number of complaints being received by police in relation to the operation of the premises. He reported that on Sunday, 19th June police had been called to the premises and had found a significant number of patrons drinking outside and loud music emanating from within. The incident had been on a scale which required the deployment of additional police back-up. He stated that, in the opinion of the Police Service, the applicant was not a fit person to hold an Entertainments Licence and, accordingly, urged the Committee not to grant the Licence.
The Chairman thanked Inspector Mahood and Constable Ingram for being in attendance and they retired from the meeting.
Ms. M. Hillman, the applicant, together with Mr. M. McCallion, Solicitor, were admitted to the meeting and the main points which had been raised by the objectors were outlined to them.
Mr. McCallion stated that his client had been the manager of the premises since June, 2004. He advised the Committee that she had made various attempts to meet with representatives of the Cavehill Residents’ Association in order to discuss and address their concerns. She had approached also Elected Representatives for the area with a view to facilitating a meeting and on all occasions these attempts had been unsuccessful. In relation to the incident which had been reported on 19th June, Mr. McCallion stated that the crowds which had been loitering outside the premises on that evening had not been patrons but rather had been purchasing alcohol at the off-licence which was situated nearby.
In response to a Member’s question, Ms. Hillman informed the Committee that the premises were owned by New Road Investments Limited and that she was the current leaseholder under a five-year agreement with the Company. In response to a Member’s question, Ms. Hillman stated that on 19th June a karaoke had not been operated on the premises. However, she stated that patrons had been singing to music on the jukebox which was currently being operated on the premises.
In response to a Member’s question, Mr. McCallion stated that the objections which had been received were in relation to clientele which were frequenting the premises and not in relation to his client. Ms. Hillman stated that on no occasion had live entertainment been provided on the premises and that the advert promoting such an event which had been contained quarterly within the “Big List” publication had been placed by the previous leaseholder. When the advert had been brought to her attention it had been cancelled.
The Chairman thanked Ms. Hillman and Mr McCallion for being in attendance and they retired from the meeting.
The Principal Environmental Health Officer reported that, since February, officers within the Noise Pollution Unit had, over a six night period, responded to complaints which had been received from residents in respect of loud noise emanating from the premises. Officers had monitored the venue and discovered that music in the form of a karaoke was being provided therein. In addition, a Disc Jockey’s voice had been clearly audible on the Cavehill Road.
After further discussion, it was
Moved by Councillor McKenzie, Seconded by Councillor Campbell and
Resolved – That the Council, in its capacity as Licensing Authority, be recommended to refuse the application for the grant of a Seven-Day Annual Entertainments Licence in respect of Bonaparte’s Ale House, 192-196 Cavehill Road, on the undernoted grounds:
- the applicant is not a fit person to hold such a Licence; and
- the granting of an Entertainments Licence would be likely to impact adversely on the residential amenity of the area.
Application for the Renewal of an Entertainments Licence where Objections had been Received
Hole in the Wall Bar, 1 – 3 Baltic Avenue
(Mr. P. McCullough, Senior Environmental Health Officer, attended in connection with this item.)
The Head of Building Control submitted for the Committee’s consideration a report in relation to an application for the renewal of an Entertainments Licence in respect of the Hole in the Wall Bar, 1 - 3 Baltic Avenue. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
It was reported that Mrs. D. Dunlop, Ms. R. Hughes and Mr. G. Quinn, representing the objectors to the application, were in attendance and they were admitted to the meeting and welcomed by the Chairman.
Mr. Quinn informed the Committee that many residents in the area, particularly senior citizens, had happy memories of the premises. However, the current and previous management had shown a reluctance to co-operate with residents. He pointed out that the owner advertised entertainment during the week, for which the premises did not have a Licence. He pointed out also that the ventilation system which had been installed on the premises was not effective and that there continued to be considerable amount of loud noise emanating from the premises.
Ms. Hughes outlined to the Committee the problems associated with noise disturbance and anti-social behaviour at the premises and stated that many residents within the vicinity of the Hole in the Wall Bar had been subjected to incidents of verbal abuse by the patrons leaving the premises. She stated that the current licensee had failed to comply with the restrictions which had been imposed on the previous Licence and at meetings with residents and Council officers it appeared that the licensee had no interest in, or was capable of, addressing issues arising.
Mrs. Dunlop informed the Members that she was one of several senior citizens who resided within a close vicinity to the Hole in the Wall Bar and she endorsed the comments which had been expressed by Ms. Hughes and Mr. Quinn in relation to public order problems associated with the operation of the premises.
It was reported that Sergeant B. Caskey and Constable C. Booth representing the Police Service of Northern Ireland, who were also objecting to the grant of a Licence were in attendance and they were admitted to the meeting and welcomed by the Chairman.
Sergeant Caskey stated that the residents of Baltic Avenue had suffered due to the operation of the Hole in the Wall Bar. This had been evidenced by the increase in incidents of vandalism, anti-social behaviour and crime in the area. He reported that police had been called to Baltic Avenue on 13th March and had witnessed damage to vehicles parked on the street and on 3rd April police had received complaints that patrons leaving the premises had stripped and exposed themselves to residents. He pointed out that the management of the premises was ineffective and that drunken and disorderly behaviour had been permitted outside the premises.
Mr. Quinn requested the Committee to view a video which depicted various incidents of anti-social, lewd and disorderly behaviour displayed by patrons leaving the premises. The Head of Building Control informed the Committee that the applicant and his legal representative had been informed prior to the meeting of the possibility of the Committee viewing the video and if so, that they would be permitted to be present. The applicant had not objected to this course of action. Accordingly, the Committee agreed to the request and the applicant, Mr. P. Glackin, accompanied by his legal representative, Mr. J. Collins, were admitted to the meeting to view the video also. At the conclusion of the video, Messrs. Collins and Glackin withdrew from the meeting. In response to a Member’s question, Sergeant Caskey stated that having viewed the video, the police would be investigating the possibility of making further arrests.
In response to a further question, Sergeant Caskey stated that the Police were of the view that, should the Entertainments Licence be not granted, the potential for crime and incidents and anti-social behaviour would be reduced due to the fact that the premises would be closing earlier.
Mr. Quinn stated that he was in possession of tapes dating from 2002 where a consistent pattern of vandalism and anti-social behaviour was displayed by patrons leaving the bar.
The deputation then thanked the Committee for receiving them and they retired from the meeting.
Mr. P. Glackin, applicant, together with his legal representative Mr. J. Collins, were admitted to the meeting and welcomed by the Chairman.
Mr. Collins reported that his client had recently taken over the premises and that the Hole in the Wall Bar had traded on that location for approximately 150 years. His client had installed video cameras and had co-operated with the Police when incidents of vandalism and anti-social behaviour had occurred in Baltic Avenue. His client acknowledged that occasional fights would occur on licensed premises due to the fact that alcohol was being consumed and that Mr. Glackin had taken additional measures to soundproof the premises and close the ventilation system.
In relation to the litter within the area, Mr. Collins stated that management had employed an additional member of staff whose remit was to clear rubbish from the street. He referred to the fact that much of the litter which was being disposed of in the area was emanating from the fast food outlets and other licensed premises operating within the area. He stated that a local taxi-rank had been utilising Baltic Avenue to park vehicles and that his client had implemented a plastic cups policy to prevent bottles from being carried onto the street. In response to a Member’s question, Mr. Collins acknowledged that by permitting alcohol to be removed from the premises his client was in breach of Council By-Laws and liquor licensing legislation.
Mr. Collins reported that his client had no control over patrons once they had vacated his premises and that patrons from other licensed premises within the area were causing trouble on Baltic Avenue and the Antrim Road. He referred to the contribution which his client’s business made to the local community and reported that on many occasions his client had held discussions with other community groups within the area.
Mr. Collins pointed out that the conditions which had been imposed by the Council in relation to the closing of the side door had meant that his client had had to employ additional staff to ensure that the premises were vacated through the downstairs bar.
The deputation then thanked the Committee for receiving them and they retired from the meeting.
After discussion, the Committee agreed that the Council, in its capacity as Licensing Authority, be recommended to refuse the application for the renewal of a Seven-Day Annual Entertainments Licence in respect of the Hole in the Wall Bar, 1 – 3 Baltic Avenue, on the grounds that the applicant is not a fit person to hold such a Licence and that the granting of the Licence would be likely to impact adversely on the residential amenity of the area.
Chairman
