Health and Environmental Services Committee 6 June 2005

From Nigov

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Health and Environmental Services Committee

Monday, 6th June, 2005

MEETING OF HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE

Members present: Councillor O’Reilly (Chairman); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Campbell, Cunningham, Cush, N. Dodds, Hanna, Kelly, Kirkpatrick, McCann, McClenaghan, McCoubrey, McKenzie, Mhic Giolla Mhín, Mullaghan, O’Neill and Patterson.

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. S. Skimin, Head of Cleansing Services; Mr. T. Walker, Head of Waste Management; Mr. J. Walsh, Business Support Manager; and Mr. J. Heaney, Committee Administrator.

Apology

An apology for inability to attend was reported from Councillor Jones.

Minutes

The minutes of the meetings of 18th and 25th April, which had been printed and circulated, were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 3rd May subject to the variation of the minute of 18th April under the heading “Environmental Health – World Health Organisation Healthy Network Business Meeting and Politicians Meeting” to provide that the correct report, be included within the minutes.

Date and Time of Future Meetings

In accordance with notice on the agenda, the Committee gave consideration to the date and time of its future meetings.

After discussion, it was agreed that the Committee would meet at 4.30 p.m. on the second Monday of each month.

Development of Recycling Facilities at Palmerston Road and Various Other Locations

(Mr. M. Stanley, Project Manager, attended in connection with this item.)

The Project Manager advised the Members that, in response to a public advertisement, fifteen applications had been received for inclusion on a Select List of contractors from which tenders would be invited for the demolition of the Civic Amenity Site and extension of new recycling facilities at Palmerston Road and the development

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of recycling centres at other sites and locations throughout the City. He stated that the applications had been evaluated using a range of pre-agreed criteria and that, in accordance with the Council’s procurement guidelines, a maximum of six contractors, which had achieved the highest quality scores, had been recommended for inclusion within the Select List.

The Project Manager informed the Members that £650,000 had been included within the Capital Programme for the design and construction of the works at Palmerston Road and that a further amount in the sum of £3,252,000 had been included for the design and construction of works to facilitate the development of recycling centres at other locations in the forthcoming years.

After discussion, the Committee agreed that the undernoted contractors be included on the Select List for the demolition of the Civic Amenity site and the development of recycling facilities at Palmerston Road and the development of recycling centres at various other locations throughout the City and agreed further that tender documents be issued to the contractors contained on the list.

Whitemountain Quarries Limited, Lagan House, 19 Clarendon Road, Belfast BT1 3BG

Heron Brothers Limited, 2 St. Patrick’s Street, Draperstown BT45 5AF

Tal Limited, TAL House, Lissue Industrial Estate East, Lissue Road, Lisburn, BT28 2RB

John McQuillan (Contracts) Limited, 11 Ballinderry Road, Lisburn, BT28 2SA

O’Neill and Brady Limited, 19 Gortinis Road, Coalisland, Co. Tyrone BT71 4QF

Mascott Construction Limited, 6 Lisburn Road, Belfast, BT9 6AA

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Directorate

City Centre Anti-Social Behaviour – Memorandum of Understanding

The Director of Health and Environmental Services reminded the Committee that the Council had been working on a number of issues designed to improve the City centre as a shopping and visitor attraction. These had included participation in the Belfast City Centre Management Initiative and in concerted efforts designed to deal with the persistent problems associated of illegal street trading.

He referred to recent developments within the City, including the major redevelopment of Victoria Square and programmes for investment in the public realm which highlighted the need to address those problems which had the potential to undermine investment and ultimately drive shoppers and visitors from the City. The Director suggested that, whilst illegal street trading remained the most prominent and persistent problem, there existed also a range of low level anti-social behaviour issues which contributed to the general deterioration of the shopping environment within the City.

He reported that a series of inter-agency meetings had taken place to promote the best use of the resources of all relevant statutory bodies and which had resulted in the development of a Memorandum of Understanding which would commit each of the participating organisations to provide support for the development of an integrated action plan and effective strategic and operational liaison. He indicated that the Memorandum of Understanding would be supported by a formal agreement for information sharing.

After discussion, the Committee noted the information which had been provided and endorsed the development of the Memorandum of Understanding as a means of promoting best use of resources to support the creation of a safer and more attractive City centre environment.

Detailed Service Briefing

The Committee considered a report, copies of which had previously been circulated, in respect of the arrangements for the holding of a briefing session for Members to highlight the Department’s range of services and key issues. The Director recommended that the briefing session, which would consist of presentations by each Head of Service, be provided in order to assist Members, both in their constituency role by familiarising themselves with the services available and how to access them and in providing background information in respect of ongoing Committee business.

A Member suggested that it might prove beneficial if a handbook, detailing the key services available and providing contact names and telephone numbers, be made available to the Members. A further Member suggested that a series of site visits, whereby Members could witness the work of the individual Sections within the Department, would be beneficial, in particular to those Members who had not previously served on the Committee.

In response, the Director indicated that the Departmental Plan, copies of which had been tabled at the meeting, contained the information which the Member had sought. He undertook also to develop a programme of site visits for the Members and report thereon at a future meeting of the Committee.

After discussion, the Committee agreed that a briefing session be held, to which all Members of the Council would be invited, at which detailed presentations would be given on the Department’s services and key policy issues, on a date to be agreed in conjunction with the Chairman (Councillor O’Reilly).

Brighter Belfast Quarterly Update

The Committee was reminded that the Council, at its meeting on 3rd May, had agreed that the Health and Environmental Services Committee assume responsibility for the Council’s Brighter Belfast Initiative. The Director reminded the Committee that, in the past, Members had been advised of the progress which had been achieved in respect of the initiative through regular quarterly update sessions. Accordingly, he recommended that a special meeting, to which all Members of the Council be invited, be held in order to receive a presentation in respect of the Brighter Belfast Initiative.

After discussion, the Committee agreed to adopt the recommendation of the Director of Health and Environmental Services and agreed further that the special meeting be held on a date to be agreed in conjunction with the Chairman (Councillor O’Reilly).

Northern Ireland Best Practice Recognition

The Committee considered a report in respect of the inclusion of the Brighter Belfast Initiative within the Northern Ireland Best Practice Scheme. The Members were informed that the Office of the First and Deputy First Minister, through the Public Service Reform Unit, had initiated a Beacon scheme similar to that administered by the Cabinet Office in Great Britain. The Public Service Reform Unit had organised a pilot of the Best Practice Scheme during 2004 and four organisations had acted as host for the pilot with over 550 people attending a total of eight events. Feedback from the initiative had been positive and it had been agreed that the scheme would be continued over the next two years as part of the Government’s proposals to reform and modernise public services within Northern Ireland.

The Members were informed that the scheme had been designed to identify public, voluntary and community organisations with track records of quality improvements which would share their experiences with other organisations within the Sector in a series of learning activities. This year’s applications to the scheme had included those made by Information Services Belfast, Brighter Belfast and the European Unit, Development Department. Applications had been made under the themes of Working in Partnership, Developing Customer Service and Optimising European Funding. The Council’s application had been recognised by the Public Sector Reform Unit Advisory Panel as Best Practice and the Council has consequently been selected as a Best Practice Organisation that had achieved excellence in the aforementioned areas.

As part of this scheme, the Council would be expected to host at least one open day within the next two years in order to disseminate the good practice that exists within the organisation so that other services within the public sector might learn from us and improve their services and standards. The Committee was informed that the cost of these events would be off-set by the Public Service Reform Unit, who would reimburse the Council for any expense incurred in respect of hospitality and other reasonable costs. It was pointed out that some additional expense might be incurred but that efforts would be made to minimise these and they would be met from within existing budgets.

After discussion, the Committee noted that the Council had been recognised as a Northern Ireland Best Practice organisation and that the work of the Brighter Belfast Initiative had been included within this recognition.

End of Year Report 2004/2005

In accordance with Council policy, an end of year report in relation to the performance of the Health and Environmental Services Department for the period from 1st April, 2004 till 31st March, 2005 was submitted to the Committee for consideration.

The Director of Health and Environmental Services highlighted the performance against targets which had been agreed previously by the Committee and noted that the staff had worked hard to minimise any adverse effect upon the service arising from the implementation of extensive changes to organisational structures.

In response to a number of questions from the Members, the Head of Environmental Health stated that, whilst the figures in respect of the Pest Control Section appeared to indicate that the Section had failed to meet its target by a considerable amount, there were a number of significant difficulties which had arisen and which could not be reflected in the figures. However, he undertook to provide a report in respect of the staffing matters and the activity of the Pest Control Section to a future meeting of the Committee.

After discussion, during which the Director was pointed out that the year end report figures did not contain the data in respect of the Cleansing Services Section, the Committee noted the contents of the report and the comments of the Director of Health and Environmental Services thereon.

Environmental Health

Inside Environmental Health – Open Day

The Head of Environmental Health informed the Sub-Committee that, in order to raise the profile of the Service and to ensure a greater understanding amongst the public of what the Service provided, there was a need to improve the marketing of the services provided. Accordingly, as part of a wider marketing strategy, an Inside Environmental Health Event has been organised and would take place in the City Hall on Wednesday, 22nd June from 10.00 a.m. till 8.00 p.m. The event was aimed at Councillors, Council employees, other statutory bodies, the public, business, community

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and voluntary groups and all Members of the Council will be invited to attend. It is proposed that the event will be opened by the Right Honourable the Lord Mayor accompanied by television cook Jenny Bristow. The event will include displays from all areas of Environmental Health and interactive activities will be held throughout the day. All attendees will have the opportunity to talk with officers, attend customer advice sessions and participate in competitions.

The Committee noted the information which had been provided.

Belfast City Mortuary

The Committee considered the undernoted report in respect of the implementation of new arrangements for pathology services throughout Northern Ireland.

After discussion the Sub-Committee agreed to adopt the recommendations contained within the foregoing report.

Review of Dogs (Northern Ireland) Order 1983

The Head of Environmental Health reminded the Committee that for a number of years the Council had been pressing the Department of Agriculture and Rural Development to undertake a review of Dogs Control Legislation, which had been in place since 1983.

He reported that, during March, 2000, the Department had written to the Council indicating its intention to review the provisions and workings of the Dogs (Northern Ireland) Order 1983 and had requested the Council’s views on any changes which may be necessary or desirable. However, since that date no apparent progress had been made by the Department in taking the review forward. He reminded the Committee that, at its meeting on 8th March, 2005, it had agreed to write again to the Department requesting that the matter be addressed.

He explained that the control of dogs remained an important priority for the Council and a recent review of working practices within the Dog Warden Service had been undertaken in order to improve the level of effectiveness, including the introduction of a new Dog Fouling Scheme. Inadequacies in the provision of dog control within the existing legislation, particularly with regard to dog fouling, continued to restrict the Council’s efforts in this regard.

The Head of Environmental Health reported that correspondence, copies of which had previously been circulated, had been received from the Department of Agriculture and Rural Development, indicating that the Department recognised that a review of the Dogs Order was required and that it intended to proceed with this review as soon as other pressures and commitments would allow.

Several Members indicated that there was a need to have effective legislation in this area and, therefore, it would be appropriate for the Council to continue to press for progress to be made in relation to the review of the Dogs (Northern Ireland) Order 1983.

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After discussion, the Committee agreed to write to the Department of Agriculture and Rural Development requesting that a review of the Dogs (Northern Ireland) Order 1983 be progressed as a matter of urgency and that a timetable for such a review be provided to the Council.

All-Party Working Group on Dog Fouling

The Head of Environmental Health reminded the Members that, as part of the Department’s plan for 2005/2006, it had been agreed to develop, in consultation with other services, the Council’s policies for the progressive elimination of dog fouling in the City. As a result, a Cross Service Working Group had been established comprising officers representing various Council Departments which would formulate a policy in respect of the elimination of dog fouling in the City.

He stated that additional resources had been made available in order to enhance the operation of the Council’s Dog Warden Service. As a result, the number of fixed penalties for dog fouling had increased significantly. However, it had been recognised that enforcement alone would not solve the problem and the interdepartmental Working Group had, therefore, sought to develop a draft policy that would establish a clear unified position and to develop a strategy for action with regard to the elimination of dog fouling.

He recommended that, in order to facilitate the development of such policies, it would be beneficial to have Member representation on the Working Group and, accordingly, he recommended that a Member from each of the Party Groupings on the Council be nominated to sit on the Working Group.

After discussion, the Committee agreed that it be represented on the Working Group by the Chairman and the Deputy Chairman (or their nominees) and one Member from each of the four remaining Party Groupings on the Council.

Provision of Dog Pound Facilities and Related Services

The Committee considered the undernoted report in respect of a new contract for the provision of dog pound facilities.

After discussion, the Committee granted authority for the Head of Environmental Health to enter into negotiations with the Ulster Society for the Prevention of Cruelty to Animals regarding the development of a new contract for the provision of dog pound facilities and related services at Lisburn and Ballymoney, with effect from 1st April, 2007 till 31st March, 2010. The Committee agreed also that a further report detailing the outcome of the negotiations be submitted in due course for its consideration.

Service Plan for Food Law Enforcement

The Committee considered the undernoted report in relation to the Environmental Health Service’s Service Plan for Food Law Enforcement 2005/2006.

After discussion the Committee noted the information which had been provided and approved the Food Service Delivery Plan 2005/2006.

Review of Night Time Services

The Committee considered the undernoted report in relation to the Future Operational Requirements of the Night Time Noise Service.

After discussion, the Committee approved the recommendations contained within the foregoing report.

Cleansing Services

Review of Civic Amenities Site Attendant Posts in Cleansing Services

The Head of Cleansing Services reported that the responsibility for managing Civic Amenity sites had transferred to the Waste Management Service in April, 2003. However, two posts of Civic Amenity Site Attendant had remained within the Cleansing Services’ staffing structure as they were based in the mustering depots at Alexandra Park and Dunbar, two locations which, at that time, had remained under the control of the then Contract Services Department.

He stated that, subsequent to the post of Civic Amenity Site Attendant in Alexandra Park depot becoming vacant, the duties of the post had been undertaken on an overtime basis by other members of staff within the depot as an operational pilot. This had proved to be operationally successful and the Department would therefore seek to replace the Civic Amenity Site Attendant Posts in the staffing structure with that of operational sweeper posts, one for a Driver/Labourer and one Sweeper/Labourer. The Committee was informed that the proposed changes would allow for greater flexibility and provide an improved service on the streets with no additional increase in staffing numbers and a reduction in overtime working. The Members were advised that there was no compulsory redundancy implication involved in this proposal.

After discussion, the Committee authorised the changes to the Cleansing Services’ staffing structure as outlined above and agreed also that the Head of Cleansing Services be authorised to enter into negotiations with the relevant Trades Unions in respect of the above-mentioned changes and the potential redeployment of the existing member of staff in post currently.

Final Staffing Implications of Accelerated Roll-out of Alternative Week Recycling Collection Operations

The Head of Cleansing Services submitted a report in respect of a proposed amendment to the Cleansing Services’ Operational Structure. A copy of the report, with the exception of the appendix referred to therein, is set out hereunder.

After discussion the Committee adopted the recommendations contained within the foregoing report.

Waste Management

Three Bin Collection Scheme Trial – Update

The Committee considered the undernoted report in respect of the launch of the Council’s Recycling Collection Trials.

After discussion the Committee noted the information which had been provided in the foregoing report.

Recycling Trials – New Collection Arrangements

The Head of Waste Management reminded the Committee that, at its meeting on 8th March, it had approved the roll-out programme for the introduction of a multi-bin collection system. It had been anticipated that, by April, 2006, following a review of the trial, 70,000 households would have a kerbside multi-bin collection service, with recycling bins and landfill bins being collected on alternative weeks.

He explained that, in addition to the multi-bins system, there would be approximately 50,000 households within the inner city on a kerbside recycling box collection scheme (known as the black box scheme). The recycling boxes, which have a capacity of fifty-five litres, were collected on a weekly basis along with the weekly collection of the grey/black landfill bin. The Head of Waste Management pointed out that if recyclable materials were removed from the waste stream using the black box in accordance with expectation, there would be additional capacity remaining for extra waste in the landfill bin. He suggested that, in such circumstances, it would be possible for the collection of the landfill bin to be rescheduled and occur on a fortnightly basis rather than the weekly basis which operated at present.

The Committee was informed that there would be a number of advantages if the landfill bin could be collected on a fortnightly basis only. These would include the ease of introduction and operational management, offsetting a proportion of the cost of the weekly black box collection service and encouraging greater public participation and higher participation rates.

The Head of Waste Management indicated that it was envisaged that moving to a fortnightly collection service for the landfill bins might prove unpopular with some members of the public and, accordingly, he suggested that it would be necessary to develop a detailed communications plan which would explain the number of valid environmental and financial reasons for the implementation of such a scheme.

He stated that, in order to assess the effectiveness of such a scheme, it was proposed to carry out a trial in three areas of the City comprising approximately 1,150 houses, which would determine if a fortnightly collection scheme for the landfill bin would be appropriate for households serviced by a weekly box collection for recyclables. The Head of Waste Management referred to the several maps, copies of which had previously been circulated, indicating the areas which had been chosen and explained why the locations indicated were typical of the areas in which the box collection system would operate. He stated that it was proposed to commence the trial in August, 2005 and carry out a review and full assessment in January, 2006.

After discussion, the Committee approved the implementation, on a trial basis, of a fortnightly collection of grey landfill bins and a weekly collection of recycling boxes in the undernoted areas:

(i) Willowholme Drive/Willowholme Street area;

(ii) North and South Parade; and

(iii) Rockdale/Rockmount Street area.

Tender for the Provision of a Hook-Lift Container Emptying Service

The Committee was reminded that, at its meeting on 8th March, it had approved the commencement of a tendering exercise in respect of the provision of a hook-lift service for the Council’s recycling centres and civic amenity sites for a one-year period, with one month extension up to a further six-months.

The Head of Waste Management reported that tender documents had been returned on 3rd June, 2005 and that there had not been sufficient time for the officers to include an evaluation exercise prior to the meeting of the Committee. He pointed out that, since the existing short-term contract had exceeded the Council’s procurement limit, it was essential that the new contract be awarded as soon as possible. As the Council would be in recess during the month of July, he recommended that the Director of Health and Environmental Services, in consultation with the Chairman (Councillor O’Reilly), be granted delegated authority to award the contract for a hook-lift container emptying service for the different sites for a one-year period, with an option to extend by up to a further six months.

After discussion, during which the Head of Waste Management advised the Members that the value of the contract would be in the region of £130,000, the Committee adopted the recommendations.

Supply for Tender and Delivery of 660 Litre and 1,100 Litre Euro Wheeled Containers

The Head of Waste Management reported that in response to a public advertisement three tenders had been received for the supply and delivery of 660 and 1,100 litre euro wheeled containers. These had been evaluated by officers of the Waste Management Service and the Procurement Unit using a range of pre-agreed criteria. He recommended that the Committee approve the acceptance of the most economically advantageous tender, that submitted by Egbert H. Taylor and Company Limited, Ryelands Lanes, Elmley, Lovet, Worcestershire. The cost of the supply and delivery of the euro containers for a twelve month period would be approximately £242,000. The Head of Waste Management informed the Members that there would be a reduction by approximately 50% in the total cost in years 2 and 3 as the supply arrangements in year 1 required the delivery of containers directly to apartments and flats within the City, an exercise which would increase the delivery costs.

The Committee adopted the recommendation, subject to the completion of a form of contract.

On-Vehicle Weighing Equipment

The Committee was reminded that, at its meeting on 22nd March, it had approved the acceptance of a tender from Manvik Plant Hire Limited for the supply and installation of four Computerised On-Vehicle Weighing Systems with an option to purchase a further two such systems. He reminded the Members also that, at its meeting on 8th March, it had approved the accelerated roll-out programme for the introduction of blue bins for mixed dry recyclables and brown bins for garden waste. He stated that the original roll-out programme had been scheduled to occur in five phases with 11,000 households in each stage. The accelerated programme would, therefore, necessitate the purchase of additional on-vehicle equipment earlier than had been anticipated.

He reported also that the service was proposing to introduce a new software programme for analysing the weight data recorded by the on-board weighing system which was being produced currently by the Council’s Information Services Belfast. He stated that each recycled bin would be fitted with an electronic chip which was capable of being recognised by the on-vehicle weighing computer. In order to activate the system, it was necessary to produce two adhesive bar codes to match each electronic chip to the individual properties. The purchase of bar codes would be in addition to the on-vehicle weighing contract.

The Committee was informed that the Council’s Procurement Unit and Legal Services Department had been consulted in respect of the tendering exercise for the on-vehicle equipment and the expedited roll-out programmes and they had advised that the additional equipment could be purchased within the current contract.

After discussion, the Committee granted approval for the purchase of:

(a) 2 on-vehicle weighing systems at a cost of £27,290;

(b) 11 RAM Cards in the sum of £3,883;

(c) 6 Rear Terminals in the sum of £6,000; and

(d) 70,000 bar codes in the sum of £35,700.

arc21 Joint Committee – Appointment of Representatives

The Committee agreed that it be represented on the arc21 Joint Committee by the Chairman and the Deputy Chairman.

Organic Waste Contract

The Committee considered the undernoted report in respect of the organic waste contract.

After discussion, the Committee adopted the recommendations contained within the foregoing report.

Transfer Station Contract

The Committee considered the undernoted report in respect of the transfer station contract.

The Committee adopted the recommendations contained within the foregoing report.

Landfill Tax Credit Distribution

The Head of Waste Management reminded the Committee that, as a result of the introduction of Landfill Tax Credit Distribution Regulations in 1997, the Council had been entitled to a tax credit, which could be spent on a range of purposes designed to bring about environmental improvement within a ten-mile radius of the Dargan Road Landfill Site. He pointed out that the administrative burden of ensuring that these tax credits had been distributed in accordance with the regulations had proved difficult to achieve and, in order to overcome this, the Service had advertised for a suitable third party to manage the scheme on its behalf. He advised the Members that Bryson House had been awarded the contract in September, 2000 and a partnership, known as Better Belfast, had been formed. This had been in operation for five years and had achieved numerous successes and had gained recognition from several Government Ministers in respect of the work which it carried out. He pointed out that the current arrangements with Bryson House will end in November, 2005. However, the generation of landfill tax and the consequent availability of landfill tax credits would continue until the landfill site at Dargan Road closed in 2006 which could result in the generation of approximately £500,000 in tax credit for use within Belfast and the arc21 region.

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The Head of Waste Management informed the Committee that Bryson House was not a proprietary supplier and, as such, a tender exercise would be required in order to secure a contractor to oversee the distribution and management of the landfill tax credit for the period from November, 2005 until the Dargan Road landfill site was closed and he sought the Committee’s approval to enter into a tendering exercise in this regard.

The Committee granted the authority required.

Full Circle/North Foreshore Conference and Exhibition

The Committee was advised that the above-named Conference and Exhibition would be held in St. George’s Market on 18th and 19th October, 2005. The event was organised by Investment Belfast in conjunction with the Council and would consist of a two-day conference and franchise exhibition, exploring business opportunities in recycling industries. The cost per delegate for attending the exhibition would be £35 per day or, alternatively, attendance at a one-day workshop would cost £10 per workshop.

After discussion, it was agreed that those Members who so wished be authorised to attend the exhibition and it was agreed further that the Director of Health and Environmental Services, the Head of Waste Management and four other officers to be nominated by the Head of Service be authorised also to attend the Conference. In addition, the Committee approved the payment of the appropriate attendance, subsistence and travelling allowances in connection therewith.

Public Conveniences – Policy Position

The Head of Waste Management advised the Committee that, in order to establish a policy position in respect of the level of public convenience provision throughout the City, a study had been commissioned in 2004, which had involved research relating to the level of such provision in comparable cities throughout Great Britain. In addition, the views of a range of voluntary organisations including key Section 75 organisations had been sought.

He informed the Members that the results of the study had now been published and were presented in two specific parts as appendices to the report before the Committee. The first of these recorded the actual provision of public conveniences throughout the City. The second part of the study detailed information in relation to the quality of the public conveniences within Belfast. He reported that there were no benchmarks which could be applied in order to determine the appropriate level of provision of public conveniences in the City. However, from the findings of the study, it would appear that, in general, Belfast is not providing a lower level of service than several other major cities throughout the United Kingdom. He stated that the quality report had identified issues which the Council would seek to investigate in order to effect an improvement to its service provision and these would be carried out as part of the routine management of facilities and service improvements.

He drew the Members’ attention to the fact that six of the Council’s conventional style facilities had been completely refurbished within the previous two years and that two were planned for refurbishment within the current financial year. He stated that three automatic facilities were planned for the City centre, with additional out of town sites being investigated. One pop-up urinal would also be installed as a pilot project in respect of the Community Safety Programme in an effort to reduce the problems of late night on-street urination.

After discussion, the Committee noted the information which had been provided, agreed that the current and planned level of provision was appropriate and that, in line with the study’s recommendations, the service would continue to seek further ways to increase the provision of public conveniences within the City. The Committee noted also that copies of the survey findings would be available for Members from the Head of Waste Management upon request.

Building Control

Application for the Variation of an Entertainments Licence for M Club, 25-31 Bradbury Place

(Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)

The Committee considered a report in relation to the variation of an Entertainments Licence at the above-mentioned premises. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.

After discussion, the Committee agreed that the Council, in its capacity as Licensing Authority, be recommended to grant the application for the variation of the Seven-Day Annual Entertainments Licence in respect of the M Club, 23 31 Bradbury Place.

Application for the Variation of an Entertainments Licence

The Empire Bar, 42 Botanic Avenue

(Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)

The Committee considered a report in relation to the variation of an Entertainments Licence at the above-mentioned premises. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder:

“1 Purpose of Report

To consider under Article 3 of and Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the application by Mr Robert Davis for the Variation of a 7 day Annual Entertainments Licence in respect of the premises known as Empire Bar, 42 Botanic Avenue.

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2. Background

SEVEN DAY ANNUAL LICENCE

Premises and Location Ref No. Applicant

Empire Bar EL/2002/0060 Mr Robert Davis 42 Botanic Avenue

The premises have been inspected and all technical requirements are in order.

No written representation has been lodged as a result of the public notices of application and the Police Service of Northern Ireland has offered no objection to the application.

3. Proposal

The application is for the Variation of a 7-day Annual Entertainments Licence based on the Council’s Standard Conditions to provide music, singing, dancing or any other entertainment of a like kind in the aforementioned premises.

The nature of the variation is to extend the current hours of entertainment to enable the premises to operate on a Friday and Saturday night to 02.00 am and to 01.00 am on a Sunday night.

The days and hours of the current Entertainments Licence are as follows:

Monday to Saturday: 08.00 am to 01.00 am the following morning, and Sunday: 12.30 pm to 12.00 am.

The areas of the premises licensed to provide entertainment are the:

1. Empire Bar (Basement) with a maximum capacity of 200, and

2. Empire Bar (Level 1, 2 & 3) with a maximum capacity of 500 entertainment being mainly in the form of live bands.

Whilst there are no objections to the application, in light of the extended opening hours applied for, it was deemed appropriate to bring the matter to your attention for consideration.

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For your information, the following supporting documents are contained in the Appendix to this Report:-

• Application form • Location map • PSNI comments

4. Environmental Implications

It is a standard condition of an Entertainments Licence for any premises that unreasonable disturbance should not be caused to persons in the local neighbourhood. Members should note that there have not been any complaints of noise either arising from the premises or caused by patron dispersal.

5. Equality implications

There are no relevant Equality considerations.

6. Resources

There are no relevant Resource considerations.

7. Decision Required

Based on the information contained in this Report you may make a recommendation to:-

1. Approve the application for the variation of the licence, or

2. Approve the application with special conditions, in addition to the standard conditions, or

3. Refuse the application for the variation of the licence.

Alternatively you may wish to set aside a date on which the applicant and/or his representatives can attend in order to make representation in relation to the application.”

After discussion, the Committee agreed that the Council, in its capacity as Licensing Authority, be recommended to approve the variation of the Seven-day Annual Entertainments Licence in respect of the Empire Bar, 42 Botanic Avenue.

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Application for the Renewal of an Entertainments Licence where Objections have been received

Katy Dalys, Limelight, Spring and Airbrake 17-21 Ormeau Avenue

(Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)

The Committee agreed that a special meeting be held to receive the objectors, the applicant and/or their representatives in relation to the application for the renewal of an Entertainments Licence in respect of the premises known as Katy Dalys, Limelight, Spring and Airbrake, 17-21 Ormeau Avenue, the date of the meeting to be arranged in consultation with the Chairman. The Committee agreed also to exercise its discretion and to permit persons who had lodged objections outside the statutory twenty-eight day period to make representations to the Committee at the aforementioned special meeting.

Notification in Respect of the Appeal by Ms. K. McGoldrick to have Suspension of the Network Club’s Entertainments Licence Revoked

The Committee noted the contents of the undernoted report relating to an appeal to the County Court of the Council’s decision to suspend an Entertainments Licence in respect of the Network Club.

Amusement Permits: Applications for the Grant of New Type Amusement Permits to Premises Currently Holding existing Amusement Permits

(Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)

The Committee considered the undernoted report in respect of the granting of new type Amusement Permits:

“1. Purpose of Report

To consider, under Articles 109 - 121 of the Betting, Gaming, Lotteries and Amusements (N. Ireland) Order 1985, as amended, applications for the transition from a 108 (1) (c) to a 108 (1) (ca) Amusement Permit for the following premises.

2. Background

Premises and Location Ref No Applicant

Frames Complex AP/2004/0294 Mr James Magee 2–14 Little Donegall Street

Shaftesbury Snooker Club AP/2002/0466 Mr Kenneth Murtagh 13 Fountainville Avenue

Twilight Zone Amusement P/2002/0465 Ava Leisure Ltd. Centre 25–27 Dublin Road

Oasis Gaming Centre AP/2002/0266 Oasis Retail Services 429–431A Ormeau Road

Oasis Gaming Centre AP/2002/0587 Oasis Retail Services 7 Wellington Place

Oasis Gaming Centre AP/2002/0587 Oasis Retail Services 14 Shaftesbury Square and 1–7 Donegall Road

The Committee is reminded that, at its meeting on 6 September 2004, the Head of Building Control submitted a report in relation to the procedures for applications and fees in respect of the New Amusement Permit for authorising premises to provide amusements wholly or mainly by gaming machines.

E Health and Environmental Services Committee, 70 Monday, 6th June, 2005

These premises currently have an amusement permit which authorise the premises to have machines which pay out a maximum all cash prize of £8.00.

The applications are for the grant of the new type of Amusement Permit, under Article 10 of the Betting and Gaming (Northern Ireland) Order 2004, which authorise the premises to have machines which pay out a maximum all cash prize of £25.00 in an area separated from those machines paying out a maximum all cash prize of £8.00.

3. Environmental Implications

There are no relevant Environmental considerations.

4. Equality Implications

There are no relevant Equality considerations.

5. Resources

There are no relevant resource considerations.

6. Decision Required

Where the holder of an Article 108 (1) (c) amusement permit applies for the grant of an Article 108 (1) (ca) permit for the same premises, the Council may only refuse the application if it would have grounds to refuse to renew the existing permit.

The current policy, dictated by the governing Order is that the Committee, in considering the application, shall have regard to:

(i) the fitness of the applicant to hold a permit having regard to his character, reputation and financial standing,

(ii) the fitness of any other person by whom the business to be carried on under the permit would be managed, or for whose benefit that business would be carried on,

(iii) representation, if any, from the sub-divisional commander of the Police Service of Northern Ireland in whose sub division the premises are situated.

You are therefore required to make a recommendation based on the following options set out under the Order.

Health and Environmental Services Committee, E Monday, 6th June, 2005 71

The Council:-

1. Shall refuse the application, unless satisfied that:

(i) the applicant is a fit person to hold an amusement permit; and

(ii) the applicant will not allow the business proposed to be carried on under the amusement permit to be managed by, or carried on for the benefit of, a person other than the applicant who would himself be refused the provisional grant of an amusement permit, or

2. Refuse the application after hearing any representations from third parties, or

3. Shall grant the application, subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, or

4. Shall grant the application subject to the mandatory condition that the premises are not to be used for an unlawful purpose or as a resort of persons of known bad character, and

5. In the case of premises that have the maximum cash prize of £25 and admission is restricted to persons aged 18 and over:

• that no person under 18 is admitted to the premises;

• that at any entrance to, and inside any such premises there are prominently displayed notices indicating that access to the premises is prohibited to persons under 18; and

6. In the case of premises that have two areas; (i) an area for machines that have the maximum cash prize of £8.00 and have no age restriction and (ii) an area for machines with the maximum cash prize of £25.00 where admission is restricted to persons aged 18 or over:

That any machine with a maximum cash prize of £25.00 is located in an area of the premises:

• separated from the remainder of the premises by an effective physical barrier to prevent access, other than an entrance designed for the purpose of admittance;

• that only persons aged 18 or over are admitted;

• that access is supervised;

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• that those areas are observed; and

• at any entrance to, and inside any such area there are prominently displayed notices indicating that access to the area is prohibited to persons under 18.

May grant the application subject to the discretionary conditions as stated in Article 111(6) (b) of the Order relating to illumination of the premises, advertising of, and window displays on the premises and the display of information notices.

Should you be of a mind to make a recommendation that the Council:-

(a) refuse to grant a permit, or

(b) grant a permit subject to any condition other than the mandatory condition mentioned in 3,

you are required to pass a motion recommending to the Council that it advises the applicant of its intention to refuse the application. The motion should further state that before making a final decision in the matter the Council should afford the applicant the opportunity to make representations to the Council on why the application should not be refused. The motion should also recommend to the Council that this opportunity should be afforded to the applicant at a specified Council meeting following which it is recommended that the Council make a determination of the application.

If the Council, subsequent to hearing the applicant, decides to refuse the application or grants the application subject to conditions specified under Article 111 (6) (b) the applicant may appeal that decision to the County Court.

7. Recommendation

To grant Amusement Permits in accordance with Article 108 (1)(ca) of the Betting Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 for the aforementioned premises.”

After discussion, the Committee agreed that the Council, be recommended to grant Amusement Permits in accordance with Article 108 (1) (ca) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 in respect of the premises outlined in the foregoing report.

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Sex Establishment Licence: Application for Grant of Sex Establishment Licence where Objections had been Received

Allure, 33 Montgomery Street Bliss, 29 Montgomery Street

(Mr. J. Walsh, Principal Solicitor, attended in connection with this item.)

The Principal Solicitor informed the Committee that there was currently a case pending in the Court of Appeal in relation to the matter of the granting or otherwise of Sex Establishment Licences in the City. Accordingly, he advised the Committee that it might be beneficial if the foregoing applications were deferred until the Council had been notified of the outcome of the case before the Court of Appeal.

The Committee agreed to defer consideration of the foregoing applications until the decision of the Court of Appeal had been notified to the Council and subsequently agreed also that a special meeting be held to receive the objectors, the applicant and or their representatives in relation to the grant of a Sex Establishment Licence in respect of the above-named premises, the date of the meeting to be determined in conjunction with the Chairman (Councillor O’Reilly). In addition, the Committee agreed to exercise its discretion and to permit persons who had lodged objections outside the statutory twenty-eight day period to make representation to the Committee at the aforementioned special meeting.

Sex Establishment Licence: Application for Grant of Sex Establishment Licence where no Objections had been Received

The Committee considered the undernoted report in respect of the granting of a Sex Establishment Licence to premises at 1 Smithfield Square known as Seventh Heaven.

The Head of Building Control reminded the Committee that, on three previous occasions, the Council had determined that the number of Sex Shops in this location be nil. In addition, the current applicant had been refused a Licence by the Council at its meeting on 3rd March, 2003. Accordingly, he recommended that a special meeting be held, after the outcome of the case before the Court of Appeal had been reported, to receive the applicant and/or their representatives’ submission as to why the Council should change its previous decision that the number of sex establishments at this locality be nil. The date of the meeting to be agreed in conjunction with the Chairman (Councillor O’Reilly).

The Committee adopted the recommendation.

Street Naming

(Councillor D. Browne declared an interest in the matter in that he was Chairman of Grove Housing Association and he took no part in the debate.)

The Committee approved the undernoted application for the naming of streets in the City which did not conflict with the existing approved street names and to which the Royal Mail had no objections.

Chairman