Belfast City Council Health and Environmental Services Committee Minutes 25 April 2005
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F2813
Health and Environmental Services Committee
Monday, 25th April, 2005
Contents |
SPECIAL MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE
Members present: Councillor J. Clarke (Chairman); and Councillors W. Browne, Crooks, Crowe, McCann, Moore, O’Reilly, Patterson and H. Smyth.
Also attended: The High Sheriff (Councillor D. Browne).
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. J. Walsh, Principal Solicitor; and
- Miss L. Hillick, Committee Administrator.
Building Control
Application for the Grant of an Outdoor Entertainments Licence where Objections had been Received
Ravenhill Rugby Grounds
The Committee considered a report which had been prepared by the Head of Building Control in respect of an application for the grant of an Outdoor Entertainments Licence in relation to the Ravenhill Rugby Grounds. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
It was reported that Mr. D. Baird, Mr. R. Dalzell, Mrs. M. Ferguson, Mr. M. Hughes, Ms. C. McConville and Mrs. P. McIntyre, the objectors to the application, were in attendance and they were admitted to the meeting and welcomed by the Chairman (Councillor J. Clarke).
Mrs. McIntyre explained that the residents of the area were displeased with the lack of consultation which had taken place in relation to the holding of the event at the Ravenhill Rugby Grounds and she was of the opinion that residents should have been consulted prior to the event being publicly advertised. She drew the Committee’s attention to a petition which contained the names of approximately 140 residents within the area who were opposed to the holding of the event. Mrs. McIntyre then referred to the organisers disregard for the many pensioners residing within the area, especially those living in a local fold who, in her opinion, would be disturbed by a concert of this nature.
Mr. Hughes stated his concern that adequate crowd control measures would not be in place to ensure that anti-social and undesirable behaviour did not occur at the venue. Ms. McConville stated that she concurred with the views which had been expressed by the other objectors and that the holding of a concert of this nature and magnitude was not appropriate within the vicinity of a built-up residential area.
The Chairman referred to a letter which the applicant had claimed had been sent to residents of the area. In response, Mrs McIntyre and Ms. McConville stated that they had not received copies of that correspondence nor were they aware of any resident in the area who had. Mrs McIntyre reported that she had thought, due to the advertising campaign which had been initiated by the applicants, that the Entertainments Licence in relation to the event had already been granted. Mr. Hughes reported that he had received a flyer which had been issued approximately five weeks previously in relation to the holding of the event. However, no contact details had been provided therein.
The deputation concluded by requesting the Committee not to grant the application for the Outdoor Entertainment Licence. They thanked the Committee for receiving them and then retired from the meeting.
Mr. D. Boyd, on behalf of the applicant, the Irish Rugby Football Union (Ulster Branch) and Messrs. J. Aiken and P. Scott, Aiken Promotions Limited, were admitted to the meeting and the objections in respect of the application were outlined to them.
Mr. Boyd pointed out that the application which had been submitted by the Irish Rugby Football Union was, perhaps, misleading in that it referred to the fact that the Union was seeking an Occasional Entertainments Licence for 14 unspecified days. He reported that it was seeking the application only for a one-off event, which would be held on Friday, 17th June between 5.30 p.m. and 10.30 p.m. and that the artistes which had been confirmed to perform at the event were Meat Loaf, Status Quo and Mel C. He referred to the venue’s schedule of events and reported that it was not possible to accommodate similar events on a frequent basis. Mr. Boyd reported that, on 21st February, a letter had been circulated to residents within the Cregagh Estate, where the Rugby Football Union had partnership links with the local Residents’ Association and also to certain residents within the Onslow area with whom they had had previous dealings on traffic matters and other issues. He stated that on 23rd February a meeting had been held with approximately 12 residents within the Onslow area, in order to resolve any difficulties associated with parking, litter and disruption which might occur as a result of the holding of the event. He had urged those residents in attendance to forward information to their neighbours. Mr. Boyd reported that conditions had been included within the agreement with Aiken Promotions to the effect that the music would finish no later than 10.30 p.m., artistes performing had to have the Union’s approval and adequate stewarding had to be provided for both outside and inside the venue. He pointed out that alcohol would be sold in plastic cups and a cleanup process, in conjunction with Belfast City Council and the venue’s own team, would be undertaken as soon as the event had concluded. Traffic arrangements, which had been agreed with the police, would be implemented and a park and ride system would be operating from the Montgomery and Ormeau Road areas. However, he pointed out that the Rugby Football Union could not prevent persons attending the event from parking in the local area.
Mr. Aiken reported that there was an increasing demand for outdoor concerts within the United Kingdom and the Republic of Ireland generally, including from the Belfast area. He stated that it had proven to be difficult to identify neutral outdoor venues within the City and that the Ravenhill Rugby Grounds had been identified as such a venue. He referred to the success of similar events in Dublin and London and pointed out that Aiken Promotions had successfully promoted other similar events at the Stormont Estate, where only minimal disruption had been caused to residents of that area. He confirmed that the current application was intended to apply only to this event and stated that he was aware that any proposal to run similar events in the future would be dependent on a successful outcome. Messrs. Aiken, Boyd and Scott thanked the Committee for receiving them and they retired from the meeting.
The Director of Health and Environmental Services reported that representatives of the Police Service of Northern Ireland were in attendance to address any concerns which the Members might have in relation to the holding of the concert. Accordingly, Inspector J. Johnston was admitted to the meeting and welcomed by the Chairman.
Inspector Johnston reported that he had consulted with the Operational Planning Officer for the area, Sergeant N. Gribben, who had indicated that similar parking restrictions to those which were in operation at Ulster Rugby matches would be enforced. He stated that a park and ride system would operate on the day of the concert and that he understood that noise emanating from the premises would be monitored by enforcement officers from the Council. An assurance had been provided by the organisers that music would cease no later than 10.30 p.m. He pointed out that, whilst the Police Service of Northern Ireland had sympathy with the points which had been raised by concerned residents, the Police considered that it could not object to the granting of the Licence.
In response to a Member’s question, Inspector Johnston stated that the Police had investigated the possibility of issuing parking permits to local residents. However, it was considered that this would not be feasible. He stated that the Police would be enforcing parking restrictions and would take action under traffic legislation in relation to any breaches of those regulations. He confirmed that the Police would do everything within its power to ensure that residents had access to their homes.
After discussion, during which the Committee noted that the holding of the concert at the venue was a one-off event, it was
Resolved – That the Council, in its capacity as Licensing Authority, be recommended to grant the application for the Outdoor Entertainments Licence in respect of the Ravenhill Rugby Grounds for the event on the 17th June, 2005 only, subject to:
(i) strict adherence to the safety and cleansing plan for the event;
(ii) the officers of the Building Control Service facilitating a meeting with the applicant and residents of the area, with a view to addressing any concerns raised; and
(iii) the Concert being monitored by officers within the Building Control and Noise Pollution Services.
Application for the Provisional Grant of an Entertainments Licence where Objections had been Received
The Factory, 10– 14 Gresham Street
The Committee considered a report in relation to the provisional grant of an Entertainments Licence at the above-named premises. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
It was reported that Mr. M. Donnelly, an objector to the application, was in attendance and he was admitted to the meeting and welcomed by the Chairman.
Mr. Donnelly stated that he was the resident of Winetavern Street which was located within the vicinity of the Factory Club. The owners of the premises had indicated that the venue would host after concert parties for popular musical groups and would be providing entertainment seven nights per week. Mr. Donnelly reported that his property was located to the rear of an open car parking facility which faced the premises and he referred to the potential disruption which would be caused by fans of such music groups congregating at the Club.
Mr. Donnelly thanked the Committee for receiving him and he retired from the meeting.
It was reported that Ms. A. Torley, a further objector to the application, and Ms. P. Drinan, Solicitor, were in attendance and they were admitted to the meeting and welcomed by the Chairman.
Ms. Drinan referred to comments which had been made by the applicant in the press which revealed that the premises would be providing entertainment seven days a week, of a type that would appeal to those persons attracted to the sex shops located within the area.
Ms. Torley reported that her family had resided within the area for four generations and that the noise which would emanate from the premises would affect their right to the peaceful enjoyment of their home. She reported also that there was a pest control problem in the area and she considered that the serving, storage and disposal of food on the premises would exacerbate the problem. She referred to the number of patrons and fans who would be attracted to the Club and the potential for associated crime and anti-social behaviour. The deputation thanked the Committee for receiving them and they retired from the meeting.
Mr. P. Lavery and Ms. M. R. Webster, the applicants, were admitted to the meeting and the objections in respect of the application were outlined to them.
Ms. Webster reported that acoustic doors and glass had been installed to prevent noise emanating from the premises and the club’s management would ensure that the establishment of appropriate measures, including the erection of signs, to deter taxis from sounding their horns would prevent residents from being disturbed. She reported that the Club was being marketed towards persons over the age of twenty-five. Ms. Webster stated that she was of the opinion that due to the premises being occupied, it was likely that there would be a reduction in break-ins and associated crime within the surrounding area. She assured the Committee that the testing of fire alarms would be undertaken at a time which would not disturb residents and that under no circumstances would alcohol be permitted to leave the premises. The security team would be charged with ensuring that the Gresham Street area was kept clear of patrons and the management of the Club would be liaising with the Police at Musgrave Street on a regular basis.
In response to a Member’s question, Ms. Webster stated that the Building Control Service had restricted the maximum numbers of patrons permitted within the venue to 295 and understood that this would be a condition on the grant of any Licence.
The deputation thanked the Committee for receiving them and they retired from the meeting.
The Principal Solicitor indicated that, given the recent emergence of case law that appeared to establish an express obligation on public authorities to consider whether any convention rights under the Human Rights Act 1998 were engaged and the fact that one of the objectors had sought to rely on Article 8, the right to private and family life, the Council ought to consider the application on the basis that that right could be engaged. He then explained that it was a requirement that any decision made which might affect that right must be proportionate. In this regard, it was noted that the Applicant may also have rights under Article 1 of the First Protocol, that conditions were imposed in the Entertainments Licence to prevent persons being unreasonably disturbed by noise, that the premises had been used as a public house for a period in excess of 80 years and were situated in a predominately commercial area. In those circumstances it was felt that there was not necessarily any potential interference with the objectors’ rights under Article 8 and that if there was it was proportionate in all the circumstances.
Following discussion, it was
Resolved – That the Council in its capacity as Licensing Authority, be recommended to agree to the provisional Grant of an Entertainments Licence in respect of The Factory, 10-14 Gresham Street.
Environmental Health
Amendment to the Scheme of Delegation
The Committee considered the undernoted report in relation to an amendment to the Council’s Scheme of Delegation.
The Committee adopted the recommendation contained within the foregoing report.
Last Meeting
The Director of Health and Environmental Services thanked the Members of the Committee for their support and assistance during the term of the Council. In particular, he paid tribute to the work of the Chairman (Councillor J. Clarke), who would not be seeking re-election to the Council in the forthcoming Elections and wished him and Councillors M. Clarke and Crooks well in the future.
The Chairman thanked the officers and Members for their support and assistance and paid tribute to the work of Councillor Crooks, a long-term Member of the Committee, who would also not be seeking re-election.
Chairman
