Belfast City Council Health and Environmental Services Committee Minutes 22 March 2005
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F2721
Health and Environmental Services Committee
Tuesday, 22nd March, 2005
Contents |
SPECIAL MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE
Members present: Councillor J. Clarke (Chairman); and Councillors W. Browne, M. Clarke, Convery, Crowe, Kennedy, McCann, C. McGimpsey, Moore, Patterson and H. Smyth.
In attendance:
- Mr. W. Francey, Director of Health and Environmental Services;
- Mr. T. Martin, Head of Building Control;
- Mr. T. Walker, Head of Waste Management;
- Mr. J. Walsh, Principal Solicitor;
- Mr. S. McCrory, Principal Committee Administrator; and
- Miss L. Hillick, Committee Administrator.
Apology
An apology for inability to attend was reported from Councillor Hanna.
Waste Management
Capital Project – Proposed North Foreshore Waste Transfer Station
The Committee considered a report in relation to a feasibility study in connection with the development of a Waste Transfer Station at the North Foreshore. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Committee adopted the recommendations contained within the foregoing report.
Tender for the Supply and Delivery of 660 Litre Euro Wheeled Refuse Containers
The Committee was reminded that, at its meeting on 6th December, 2004, it had granted authority to commence a tendering exercise for the supply and delivery of euro bins and locking clamps to various recycling points throughout the City.
The Head of Waste Management pointed out that the Waste Management Service was seeking to install up to 120 recycling points, over a four-year period, and that currently 30 such points were in place.
He reported that, in response to a public advertisement, two tenders had been received for the provision of the wheeled refuse containers. These had been evaluated by officers of the Waste Management Service and the Procurement Unit using a range of agreed criteria. He recommended that the Committee approve the acceptance of the lowest tender received, that submitted by Egbert H. Taylor and Company Limited, Ryelands Lane, Elmley Lovett, Worcestershire. The cost of this service for a four-year period would be approximately £98,700, provision for which had been included within the Revenue Estimates.
The Committee adopted the recommendation, subject to completion of form of contract.
Tender for the Supply and Installation of a Computerised On-Vehicle Weighing System
The Head of Waste Management reminded the Committee that, at its meeting on 6th September, 2004, it had granted approval to commence a tendering process for the purchase of an on-board weighing system to facilitate data collection in relation to the Kerbside Organic Waste and Paper Collection Schemes.
He informed the Committee that, in response to a public advertisement, four tenders had been received and these had been evaluated by a panel which consisted of officers of the Waste Management Service and the Procurement Unit using a range of agreed criteria.
He recommended that the Committee approve the acceptance of the most economically advantageous tender received, that submitted by Manvik Plant Hire Limited, Unit 3, Clifton Industrial Park, 161 Dargan Crescent, Belfast, in the sum of £130,000 for a two-year period.
The Committee adopted the recommendation, subject to completion of form of contract and agreed that an application be made to the Department of the Environment for sanction to the raising of a loan of £130,000 to meet the costs associated with the project.
Building Control
Applications for the Renewal/Transfer of Entertainments Licences where Objections had been received
- The Venue, 25-27 Bruce Street; and
- Sugar Bar Café, Unit 9, Bruce House, Little Victoria Street
The Committee was reminded that, at its meeting on 31st August, 2004, it had agreed to defer consideration of the application for the renewal of an Entertainments Licence in respect of The Venue, 25-27 Bruce Street and an application for the renewal and transfer of an Entertainments Licence in relation to the Sugar Bar Café, Unit 9, Bruce House, Little Victoria Street.
The Head of Building Control reported that both premises were contained within the same building and the Police Service of Northern Ireland’s objections related to the entire complex. In addition, both applicants had appointed the same legal representatives. He suggested, therefore, that the Committee receive the Police and the applicants’ representatives on one occasion only to deal with both applications. The Head of Building Control pointed out that correspondence had been received from the applicants’ legal representative, copies of which were tabled, requesting that the applicant and his legal representatives be present whilst the objectors addressed the Committee.
After discussion, during which the Principal Solicitor answered various questions which were put to him by the Members, the Committee agreed to receive the Police and the applicants on one occasion only and, having considered the merits of the case, agreed also to permit each side to be in attendance whilst the other addressed the Committee. The Committee noted that it did not consider this decision to set a precedent and that any requests of a similar nature which might be received in relation to other licensing matters would be decided on an individual basis depending on the merits of each case.
The Committee was informed that the days and hours during which entertainment could be provided at The Venue under the terms of the current Licence were as follows:
Monday till Saturday - 11.30 a.m. till 7.00 a.m. the following morning; and Sunday - 12.30 p.m. till 1.00 a.m. the following morning.
The days and hours during which entertainment could be provided at the Sugar Bar Café were as follows:
Monday till Thursday - 11.30 a.m. till 3.00 a.m. the following morning; Friday and Saturday - 11.30 a.m. till 6.00 a.m. the following morning; and Sunday - 12.30 p.m. till 1.00 a.m. the following morning.
The Head of Building Control reported that the areas of the premises which were licensed for the provision of entertainment were as follows:
- the first floor lounge of The Venue, with a maximum capacity of 250 persons, where the entertainment provided was in the form of a disco or live band; and
- the first floor lounge of the Sugar Bar Café which had a maximum capacity of 150 persons.
He advised the Committee that the only objections which had been received in relation to the renewal/transfer of the two Licences had been from the Police Service of Northern Ireland.
It was reported that Inspector I. Blayney and Constable J. Fyfe, representing the Police Service of Northern Ireland, and Mr. J. Babes, on behalf of the applicants, accompanied by Mr. S. Beattie, Barrister and Mr. L. Graham, Solicitor, were in attendance and they were admitted to the meeting and welcomed by the Chairman (Councillor J. Clarke).
Inspector Blayney advised the Committee that the Sugar Bar Café had been operating previously under the name of Liquid and had no Licence to sell intoxicating liquor. He pointed out that The Venue was a licensed restaurant, which, in the opinion of the Police, operated also as a nightclub.
Inspector Blayney referred to a serious incident which had involved door staff and patrons queuing to gain admission to the premises, which had occurred at approximately 2.30 a.m. on 30th November, 2003. He reported that persons trying to gain access to the premises would be facing charges of grievous bodily harm, and malicious wounding and wounding with intent. He pointed out that the Police were of the view that if the premises had not been in operation such a serious incident would not have occurred.
Inspector Blayney reported that Mr. Babes had appeared at the Magistrates Court on 21st January in relation to breaches of the Liquor Licensing (Northern Ireland) Order 1996. Mr. Babes had pleaded guilty on this occasion and had been fined approximately £3,000 and an order had been made for monies which had been found on the premises, in the sum of £996, to be donated to charity. In addition, glass optics which had been found on the premises had been destroyed.
Inspector Blayney then referred to various promotional websites which contained comments from persons who had attended the Sugar Bar Café and The Venue to the effect that a nightclub was in operation and that drinks were available for purchase. He pointed out that patrons gaining admission to The Venue were charged an admission fee on entering the premises, contrary to the regulations governing the operation of a licensed restaurant and that no menus were available on tables at either establishment. Inspector Blayney requested that the Committee refuse the renewal of both Entertainments Licences. However, if the Committee was minded to renew the Licences, it should, in line with previous decisions in relation to other licensed restaurants in the City centre, reduce the hours during which entertainment could be provided.
In response to a Member’s question, Inspector Blayney stated that a Court case in relation to the alleged sale of alcohol on the premises during under-aged discos had been dismissed.
The deputation then thanked the Committee for receiving them.
Mr. S. Beattie, on behalf of the applicants, then proceeded to address the Committee.
Mr. Beattie stated that his client refuted the allegation which had been made previously by the Police that tables had been removed in order to provide a dance floor at The Venue and he refuted also the Police allegation that a number of thefts and assaults had taken place on or near the premises. He pointed out that his client was unaware of such incidents and that the alleged theft of a mobile phone from the premises. He stated that the Police allegation that his client had been prosecuted for having persons under 18 years of age on the premises was untrue and he alleged that Inspector Blayney was providing the Committee with incorrect information.
Mr. Beattie stated that none of the issues which had been raised by the Police related to public safety, which was a matter for which the Council had responsibility. The incident involving the stabbing of door staff was in no way the fault of the applicant. In fact, members of staff had been attacked by a knife welding assailant who had been refused entry to the premises on the night in question. He stated that his client had reported this matter to the Police and it was unfair of the Police to lay the blame for this incident on him. Mr. Beattie stated his concern that the Police had commented that the incident would not have occurred if the premises had not been operating. He pointed out that such and argument could be made in order to close down all pubs, clubs and restaurants in the City.
Mr. Beattie expressed concern that the Police were attempting to impose a policy whereby licensed restaurants in the City would be treated in a less favourable manner than pubs and clubs in relation to the hours during which entertainment could be provided. He pointed out that such an approach would be unfair and was not sanctioned within the relevant Legislation.
He stated that the client would be willing to voluntarily reduce the hours of operation at the premises to 3.00 a.m., during Monday till Saturday, in order to address any concerns that the Committee might have in relation to the operation of the premises to 6.00 a.m.
In relation to the comments which had been made by patrons who had alleged that they had visited both premises, Mr. Beattie stated that the websites which had been referred to by the Police were not under the control of his client. He stated further that, whilst his client had pleaded guilty to a breach of the Liquor Licensing Order, 1996, the Magistrates Court had only fined Mr. Babes in the sum of £3,000 and ordered monies found on the premises to be donated to charity. The Court had not seen fit to revoke his Liquor Licence.
After discussion, during which Mr. Beattie proceeded to answer various questions which were put to him by the Members, both deputations thanked the Committee for receiving them and they retired from the meeting.
After discussion, it was
Moved by Councillor H. Smyth, Seconded by Councillor Crowe and
Resolved – That the Council, in its capacity as Licensing Authority, be recommended to
(a) grant the renewal of the Seven-Day Entertainments Licences in respect of The Venue, 25-27 Bruce Street and the Sugar Bar Café, Unit 9, Bruce House, Little Victoria Street, for a period of six months, subject to:
(i) the provision of entertainment being permitted during the undernoted hours:
Monday till Thursday – 11.30 a.m. till 3.00 a.m. the following morning; Friday and Saturday – 11.30 a.m. till 3.00 a.m. the following morning; and Sunday – 12.30 p.m. till 1.00 a.m. the following morning; and
(ii) the premises being monitored by Council officers.
(b) grant the transfer of the Entertainments Licence in respect of the Sugar Bar Café, Unit 9, Bruce House, Little Victoria Street.
Chairman
