Council 1 December 2004
From Nigov
A456
Council
MONTHLY MEETING OF BELFAST CITY COUNCIL
Held in the City Hall on Wednesday, 1st December, 2004 at the hour of 6.00 o’clock p.m., pursuant to Notice.
Members present: The Right Honourable the Lord Mayor (Councillor Ekin) (Chairman); the Deputy Lord Mayor (Councillor O’Donnell); the High Sheriff (Councillor Patterson); and Councillors Adamson, Alderdice, Attwood, D. Browne, M. Browne, W. Browne, J. Clarke, M. Clarke, Convery, Crooks, Crozier, Cush, Empey, Hanna, Hartley, Hutchinson, Kennedy, Lavery, Long, Maginness, A. Maskey, P. Maskey, McCarthy, McCausland, McClenaghan, C. McGimpsey, M. McGimpsey, McMillen, Moore, Morgan, Newton, Ní Chuilín, O’Neill, O'Reilly, Rodgers, H. Smyth, Stoker, Toan, Walsh and Wilson.
Reading of Scriptures
In accordance with Standing Order 9, the Lord Mayor read a short passage from the Scriptures.
Summons
The Chief Executive submitted the summons convening the meeting.
Apologies
Apologies for inability to attend were reported from Councillors Crowe, McCann, Molloy and E. Smyth.
Minutes
Moved by the Right Honourable the Lord Mayor (Councillor Ekin), Seconded by Councillor Moore and
Resolved - That the minutes of the proceedings of the monthly meeting of the Council of 1st November and the special meeting of the Council of 22nd November be taken as read and signed as correct.
Expression of Sympathy
The Right Honourable the Lord Mayor (Councillor Ekin) expressed regret at the recent death of the brother of Councillor Lavery and, on behalf of the Council, extended to Councillor Lavery and his family circle his condolences and deepest sympathy.
Requests for Deputations
Application for the Grant of an Entertainments Licence
Bonaparte’s Ale House, 192 Cavehill Road
The Chief Executive informed the Members that a request for permission to address the Council had been received from the applicant in respect of the above mentioned application. He reported that the objectors were in attendance and wished also to address the Council.
The Council agreed to the deputations being received and Inspector T. Mahood, representing the Police Service of Northern Ireland, the objectors to the application, was admitted to the meeting,
Inspector Mahood reported that the Police had intelligence information which suggested that Bonaparte’s Ale House was closely connected to a loyalist parliamentary organisation. He stated that, since October, 2003, the Police Service of Northern Ireland had received a number of complaints regarding the premises. As a result, they had met with various public representatives and the Cavehill Residents’ Action Group. He pointed out that there was widespread public concern regarding these premises as the local residents were fearful of anti-social behaviour caused by patrons leaving the establishment and were concerned at the excessive noise which emanated from the property.
He reminded the Council that the Health and Environmental Services Committee, at its meeting on 8th April, 2004, had refused an application by a Mr. L. Bingham for an Entertainments Licence in respect of Bonaparte’s Ale House. He pointed out that the current applicant, Ms. M. Hillman, had appeared at that meeting as the accountant for Mr. Bingham. At that time she had indicated that her knowledge of Mr. Bingham and the licensing process in general were minimal.
Inspector Mahood stated that the Police opposed strenuously the application for the grant of the Entertainments Licence. He pointed out that Ms. Hillman controlled currently the premises by way of a Protection Order, rather than a full Liquor Licence, and the Police did not, at this stage, have confidence that she had the ability to manage these premises. The Police would like additional time to assess fully her fitness so to do. He urged the Council to refuse to grant the application for Bonaparte’s Ale House.
Inspector Mahood thanked the Council for receiving him and retired from the meeting.
Ms. M. Hillman, the applicant, accompanied by her legal representative, Mr. M. McCallion, was then admitted to the meeting.
Mr. McCallion informed the Council that Ms. Hillman had held both an Entertainments Licence and a Liquor Licence for premises in England. In addition, during that period of time she had been considered by the relevant authorities as an appropriate person to look after juveniles who would otherwise have been held in custody. He indicated that Ms. Hillman was operating the premises through a Protection Order. However, she would in mid-December be applying for a full Liquor Licence. Prior to taking over the premises, Ms. Hillman had been unaware of previous complaints which had been made regarding the manner in which the public house had been operated. However, having been made aware of the complaints, she had requested that taxi companies ensure that their drivers refrained from sounding their horns when collecting patrons from the public house and that notices within Bonaparte’s Ale House requested patrons to keep noise levels to a minimum when they were leaving the premises.
Mr. McCallion concluded by requesting that the Council grant the application for the Entertainments Licence.
Ms. Hillman and Mr. McCallion then thanked the Council for receiving them and withdrew from the meeting.
It was noted that consideration would be given to the representations which had been made when the minutes of the meetings of the Health and Environmental Services Committee were being discussed later in the meeting.
Policy and Resources Committee
Moved by Councillor Hartley, Seconded by Councillor Ní Chuilín,
That the minutes of the proceedings of the Policy and Resources Committee of 19th November be and they are hereby approved and adopted.
Request for Matter to be taken back for Further Consideration
Belfast City Council Smoking Policy
Councillor H. Smyth requested that the minute of the Policy and Resources Committee of 19th November under the heading “Belfast City Council Smoking Policy” be taken back for further consideration. However, the Council determined to vote on whether it would grant the necessary consent to the matter being taken back.
On a vote by show of hands ten Members voted for the proposal and twenty-five against.
The Council accordingly did not agree to the minute being taken back to the Policy and Resources Committee for further consideration.
Adoption of Minutes
The original proposal relevant to the minutes of the Policy and Resources Committee was thereupon put to the meeting and passed.
Confirmation of Amendment of Standing Order 43 (e) and of Standing Order 43 (j)
Moved by Councillor Hartley, Seconded by Councillor O’Neill and
Resolved – That, pursuant to Standing Order 73 and in accordance with the decision of the Council of 1st November, the amendment of Standing Order 43 (e) and of Standing Order 43 (j) in relation to the allocation and selection of posts be confirmed.
A copy of Standing Order 43 (e) and Standing Order 43 (j), as amended, is set out hereunder:
43 (e) In each Council term, when allocating posts under the d’Hondt system, where political groups have an equal number of Members the first or earlier choice will be given to the political group bearing the name of the party which polled the higher number of first preference votes at the Local Council Elections for the City of Belfast prior to the Annual Meeting of the Council at which the Chairmen and Deputy Chairmen are appointed. In the third year of that Council term, provided that the numbers of Members of such groups are still equal, the first or earlier choices shall pass to the groups which had the second or later choices at the beginning of the term.
43 (j) To facilitate the selection of posts each of the political groups shall nominate its Leader or other Member of the group to liaise with the Chief Executive (or his nominee). The selection of posts to be appointed at the Annual Meeting of the Council will take place in April each year. In the year of the Local Council Elections the selection of posts will take place after the Elections in a period which will be determined by the Chief Executive. In each year a report will be submitted to the Annual Meeting of the Council in June. This report will indicate the choices made by the various political groups. The Leader or nominated Member from each political group must make his or her selections within time frames set by the Chief Executive (or his nominee). Failure to do this may result in a choice being passed to the next available group.
Client Services Committee
Moved by Councillor Convery, Seconded by Councillor M. Browne,
That the minutes of the proceedings of the Client Services Committee of 16th November be and they are hereby approved and adopted.
Amendments
South Belfast Leisure Centre
Moved by Councillor Long, Seconded by Councillor A. Maskey and
Resolved – That the decision of the Community and Leisure Services Sub-Committee of 4th November under the heading “South Belfast Leisure Centre”, as adopted by the principal Committee at its meeting on 16th November, agreeing that a consultation exercise be carried out in South Belfast to ascertain whether a reduced leisure facility should be provided on the Maysfield site or a replacement facility developed within the Ormeau Park, be amended to provide that no such consultation exercise be conducted and instead that a report be submitted outlining the optimum leisure/well-being facilities required in South Belfast, as well as the most practical and suitable site for such a facility.
Travellers’ Issues – Illegal Encampments on Council Property
Moved by Councillor Stoker, Seconded by Councillor D. Browne,
That the decision of the Community and Leisure Services Sub Committee of 2nd November under the heading “Travellers’ Issues – Illegal Encampments on Council Property”, as adopted by the principal Committee at its meeting on 16th November, agreeing not to proceed with the seeking of a blanket injunction to protect Council property from illegal occupation by the Irish Traveller Community, be rejected and accordingly that an appropriate blanket injunction be sought.
A division on the matter was immediately demanded. A poll having been taken, there voted for the amendment nineteen Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin), the High Sheriff (Councillor Patterson) and Councillors Adamson, D. Browne, W. Browne, J. Clarke, M. Clarke, Crooks, Crozier, Empey, McCausland, C. McGimpsey, M. McGimpsey, McMillen, Newton, Rodgers, H. Smyth, Stoker and Wilson; and against it eighteen Members, viz., the Deputy Lord Mayor (Councillor O’Donnell) and Councillors Alderdice, M. Browne, Convery, Cush, Hanna, Hartley, Kennedy, Lavery, Long, A. Maskey, P. Maskey, McCarthy, McClenaghan, Ní Chuilín, O’Neill, O’Reilly and Walsh. One Member, Councillor Hutchinson, did not vote.
The amendment was accordingly declared carried.
Adoption of Minutes
The original proposal relevant to the minutes of the Client Services Committee was thereupon put to the meeting and passed in the following form:
That the minutes of the proceedings of the Client Services Committee of 16th November be and they are hereby approved and adopted, subject to:
(i) the amendment of the decision of the Community and Leisure Services Sub-Committee of 4th November under the heading “South Belfast Leisure Centre”, as adopted by the principal Committee at its meeting on 16th November, agreeing that a consultation exercise be carried out in South Belfast to ascertain whether a reduced leisure facility should be provided on the Maysfield site or a replacement facility developed within the Ormeau Park, to provide that no such consultation exercise be conducted and instead that a report be submitted outlining the optimum leisure/well-being facilities required in South Belfast, as well as the most practical and suitable site for such a facility; and
(ii) the amendment of the decision of the Community and Leisure Services Sub-Committee of 2nd November under the heading “Travellers’ Issues – Illegal Encampments on Council Property”, as adopted by the principal Committee at its meeting on 16th November, agreeing not to proceed with the seeking of a blanket injunction to protect Council property from illegal occupation by the Irish Traveller Community, to provide that an appropriate blanket injunction be sought.
Contract Services Committee
Moved by Councillor O’Neill, Seconded by Councillor Ní Chuilín and
Resolved – That the minutes of the proceedings of the Contract Services Committee of 11th November be and they are hereby approved and adopted.
Development Committee
Moved by Councillor Crozier, Seconded by Councillor Empey,
That the minutes of the proceedings of the Development Committee of 9th and 15th November be and they are hereby approved and adopted, subject to the variation of the minute of the Tourism and Promotion of Belfast Sub-Committee of 10th November under the heading “Visit to Nashville December, 2004”, as adopted by the principal Committee at its meeting on 15th November, to provide that the Lord Mayor be authorised to participate also in the visit and that approval be granted for the payment of the appropriate travelling and subsistence allowances in connection therewith.
Request for Matter to be Taken Back for Further Consideration
Export Links with Cyprus
At the request of Councillor Kennedy, the Chairman (Councillor Crozier), with the consent of the Council, agreed that the minute of the Economic Development Sub Committee of 3rd November under the heading “Export Links with Cyprus”, as adopted by the principal Committee at its meeting on 15th November, be taken back to the Sub-Committee for further consideration.
Amendment
East Belfast Working Group
Moved by Councillor Newton, Seconded by Councillor Wilson and
Resolved – That the decision of the Economic Development Sub Committee of 3rd November under the heading “East Belfast Working Group”, as adopted by the principal Committee at its meeting on 15th November, agreeing to affirm its decision of 6th October not to participate in a Working Group on the basis that Council officers would investigate alternative means by which the Council might assist Castlereagh and Ards Borough Councils in addressing economic decline within the East Belfast area, be rejected; the Council takes the view that to participate in the Working Group would be beneficial to and in the interests of the economic and community infrastructure in the East of the City and accordingly agrees to engage with the two Councils mentioned in attempting to bring about improvements to the economy in the East Belfast area.
Adoption of Minutes
The original proposal relevant to the minutes of the Development Committee was thereupon put to the meeting and passed in the following form:
That the minutes of the proceedings of the Development Committee of 9th and 15th November be and they are hereby approved and adopted, subject to the variation of the minute of the Tourism and Promotion of Belfast Sub-Committee of 10th November under the heading “Visit to Nashville December, 2004”, as adopted by the principal Committee at its meeting on 15th November, to provide that the Lord Mayor be authorised to participate also in the visit and that approval be granted for the payment of the appropriate travelling and subsistence allowances in connection therewith, and subject also to:
(i) the omission of the minute of the Economic Development Sub-Committee of 3rd November under the heading “Export Links with Cyprus” which, at the request of Councillor Kennedy, is taken back to the Sub-Committee for further consideration; and
(ii) the rejection of the decision of the Economic Development Sub-Committee of 3rd November under the heading “East Belfast Working Group”, as adopted by the principal Committee at its meeting on 15th November, agreeing to affirm its decision of 6th October not to participate in a Working Group on the basis that Council officers would investigate alternative means by which the Council might assist Castlereagh and Ards Borough Councils in addressing economic decline within the East Belfast area; the Council takes the view that to participate in the Working Group would be beneficial to and in the interests of the economic and community infrastructure in the East of the City and accordingly agrees to engage with the two Councils mentioned in attempting to bring about improvements to the economy in the East Belfast area.
Health and Environmental Services Committee
Moved by Councillor J. Clarke, Seconded by Councillor W. Browne and
Resolved – That the minutes of the proceedings of the Health and Environmental Services Committee of 2nd, 8th and 23rd November be and they are hereby approved and adopted.
Town Planning Committee
Moved by Councillor Adamson, Seconded by Councillor O’Neill and
Resolved – That the minutes of the proceedings of the Town Planning Committee of 4th and 18th November, omitting matters in respect of which the Council has delegated its powers to the Committee, be and they are hereby approved and adopted.
Notices of Motion
Smoking in Public Places
In accordance with Notice on the Agenda, Councillor O’Reilly proposed:
“Belfast City Council notes that smoking in public places is a cause of concern for many residents of the City. It has become a major issue within countries in the European Union and, indeed, some have taken a positive approach by introducing smoking bans.
Belfast City Council believes that similar action should be taken immediately to protect the citizens of our City. The Council calls upon the Secretary of State for Northern Ireland and the Minister for Health, Social Services and Public Safety to introduce immediately legislation which would ban smoking in all public places within Belfast and across Northern Ireland.”
The proposal was seconded by Councillor McCarthy.
After discussion, the Council agreed, with two Members voting against, to adopt the Notice of Motion.
Worktrack Programme
In accordance with Notice on the Agenda, Councillor Crozier proposed:
“Belfast City Council notes with concern the announcement that the Department of Employment and Learning intends to scrap the Worktrack Programme.
The Council regards this Programme as an effective tool in assisting people to beat the benefits trap, calls on the Minister with responsibility for the Department of Employment and Learning, Mr. Barry Gardiner, M.P., to reverse his decision and agrees to forward this Notice of Motion to the other Local Authorities in Northern Ireland.”
At the request of Councillor O’Neill and with the permission of the Council, Councillor Crozier agreed to amend the Notice of Motion by the inclusion of the following as the final sentence: “In addition, the Council agrees that the issue be referred to the Economic Development Sub-Committee for further consideration.”
At the request of Councillor Empey and with the permission of the Council, Councillor Crozier agreed to amend the Notice of Motion further by the inclusion of the phrase “and the Sure Start Scheme" in the first paragraph after the word “Programme” and by replacing the words “this Programme” with “these devices” after the word “regards” and by replacing also the words “his decision” with “these decisions” after the word “reverse” in the second paragraph.
After discussion, the Motion as amended was put to the meeting and passed unanimously in the following form:
“Belfast City Council notes with concern the announcement that the Department of Employment and Learning intends to scrap the Worktrack Programme and the Sure Start Scheme.
The Council regards these devices as effective tools in assisting people to beat the benefits trap, calls on the Minister with responsibility for the Department of Employment and Learning, Mr. Barry Gardiner, M.P., to reverse these decisions and agrees to forward this Notice of Motion to the other Local Authorities in Northern Ireland. In addition, the Council agrees that the issue be referred to the Economic Development Sub Committee for consideration".
Chairman
