Council 3 May 2005

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MONTHLY MEETING OF BELFAST CITY COUNCIL

Held in the City Hall on Tuesday, 3rd May, 2005 at the hour of 6.00 o’clock p.m., pursuant to Notice.

Contents

Members present

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.

Minutes

Moved by the Right Honourable the Lord Mayor (Councillor Ekin), Seconded by Councillor O’Neill and

Resolved – That the minutes of the proceedings of the monthly meeting of the Council of 4th April and the adjourned monthly meeting of the Council of 11th April be taken as read and signed as correct.

Requests for Deputations

Application for the Grant of an Outdoor Entertainments Licence where Objections had been Received

Ravenhill Rugby Grounds

The Chief Executive informed the Members that a request for permission to address the Council had been received from the objectors in respect of the above mentioned application. He reported that the applicants were in attendance and wished also to address the Council.

The Council agreed to the deputations being received and Ms. P. McIntyre and Mr. D. Alcorn, representing the objectors to the application, were admitted to the meeting.

Mr. Alcorn expressed the view that the holding of a concert of this nature and magnitude was not appropriate within the vicinity of a built-up residential area. He stated that a petition expressing opposition to the holding of the event had been signed by 146 residents and suggested that the level of consultation undertaken with the owners of adjacent dwellings had been inadequate.

Ms. McIntyre reiterated the view that the venue was inappropriate for such an event in that the stewarding provided would be unable to ensure that the local residents would not be disturbed by anti-social and undesirable behaviour emanating from patrons of the concert. Mr. Alcorn concluded by requesting that the matter be referred back to the Committee for further consideration and to enable a wider consultation process to be undertaken.

Ms. McIntyre and Mr. Alcorn thanked the Council for receiving them and retired from the meeting.

Messrs D. Boyd and P. Scott, representing the applicants, were then admitted to the meeting.

Mr. Boyd stated that, prior to making the grounds available, the Irish Rugby Football Union had researched the holding of similar concerts at sporting venues. As a result, it had been agreed that adequate stewarding arrangements would be put in place, that park and ride facilities would be provided to alleviate traffic congestion in the immediate vicinity and that the concert would end not later than 10.00 p.m. The Cregagh Community Forum had been consulted and had not offered any objections to the concert being held. In addition, residents of the Ravenhill area had been appraised of the arrangements.

The deputation 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 Health and Environmental Services Committee were being discussed later in the meeting.

Application for the Provisional Grant of an Entertainments Licence where Objections had been Received

The Factory, 10-14 Gresham Street

The Chief Executive reported that objectors and the applicant in respect of the application for the provisional grant of an Entertainments Licence in relation to The Factory, 10-14 Gresham Street, were in attendance to address the Council.

The Council agreed to receive the deputations.

Mr. N. Donnelly, accompanied by Mr. D. Maloney, and Ms. A. Torley, accompanied by Ms. P. Drinan, representing the objectors to the application, were then admitted to the meeting.

Ms. Drinan referred to the location of the premises and stated that the one-way traffic system in the area would cause difficulties for emergency vehicles in gaining access to the premises should the need occur. She suggested that the number of patrons which would be attracted to the venue would result in anti-social behaviour which would be to the detriment of the residents of adjacent properties. She suggested also that such an intrusion on those persons’ right to private and family life would be in contravention of Article 8 of the Human Rights Act 1988.

Mr. Maloney stated that, whilst serious concern existed in relation to the noise and traffic difficulties associated with the owners of the premises being permitted to provide entertainment, the owners had agreed a protocol with Mr. Donnelly and he had accordingly withdrawn his opposition to the grant of the Licence.

Ms. Webster, the applicant, was then admitted to the meeting.

Ms. Webster stated that she had liaised closely with Council officers to ensure that the problems associated with potential noise breakout were addressed. She stated that the security staff would ensure that drug dealers were debarred from the venue and that no patrons would be permitted to carry alcohol from the premises. She concluded by stating that she would be available to discuss with the residents of adjacent dwellings any problems which might arise.

Ms. Webster then retired from the meeting.

It was noted that consideration would be given to the representations which had been made when the minutes of the Health and Environmental Services Committee were discussed later in the meeting.

Street Trading Act (Northern Ireland) 2001

Berry Street, thirty-two feet from the junction with Royal Avenue, at the wall adjacent to the Telecom unit

The Chief Executive reported that Mr. M. Gulusen, accompanied by Ms. J. Swain, was in attendance to address the Council in respect of the decision to grant a Stationary Street Trading Licence in respect of the above-mentioned location for a period of one year.

The Council agreed to receive the deputation.

Mr. Gulusen advised the Council that he was objecting to the decision on the basis that, whilst four other applicants had received Licences for a period of three years, his application had been granted for a period of one year only.

He thanked the Council for receiving him and the deputation retired from the meeting.

The Council was reminded that consideration would be given to the representation which had been made when the minutes of the Health and Environmental Services Committee were being discussed later in the meeting.

Policy and Resources Committee

Moved by Councillor Hartley, Seconded by the High Sheriff (Councillor D. Browne),

That the minutes of the proceedings of the Policy and Resources Committee of 8th and 22nd April be and they are hereby approved and adopted.

Amendment

Request for the Use of Accommodation in the City Hall and Provision of Civic Hospitality – Linfield Football Club

Moved by Councillor H. Smyth, Seconded by Councillor Rodgers and

Resolved – That the decision of the Policy and Resources Committee of 22nd April under the heading "Request for the Use of Accommodation in the City Hall and the provision of Civic Hospitality – Linfield Football Club", refusing to grant the use of the City Hall and the provision of civic hospitality, be rejected and accordingly, in view of the special relationship which the Council has enjoyed over the years with Windsor Park Football Stadium, the application submitted by Linfield Football Club in relation to the Centenary of Windsor Park be approved as an exception to the Policy and that pre-dinner drinks be provided on that occasion.

Request for Matter to be Taken Back for Further Consideration

At the request of Councillor Long, the Chairman (Councillor Hartley), with the consent of the Council, agreed that the minute of the Policy and Resources Committee of 22nd April under the heading "City Hall Centenary Celebrations – David Mach Sculpture" be taken back to the Committee for further consideration.

Adoption of Minutes

The original proposal relative to the minutes of the Policy and Resources Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Policy and Resources Committee of 8th and 22nd April be and they are hereby approved and adopted, subject to:
(i) the rejection of the decision of 22nd April under the heading "Request for the use of Accommodation in the City Hall and the Provision of Civic Hospitality – Linfield Football Club", refusing to grant the use of the City Hall and the provision of civic hospitality; the Council accordingly agreed that the application submitted by Linfield Football Club in relation to the Centenary of Windsor Park be approved as an exception to the Policy and that pre-dinner drinks be provided on that occasion; and
(ii) the omission of the minute of 22nd April under the heading "City Hall Centenary Celebrations – David Mach Sculpture" which, at the request of Councillor Long, was taken back to the Committee for further consideration.

Conformation of Standing Orders 36 and 47

Moved by Councillor Hartley, Seconded by the High Sheriff (Councillor D. Browne) and

Resolved – That, in pursuance of Standing Order 73 and in accordance with the decision of Council of 11th April, the amendments to Standing Orders 36 and 47 be confirmed in relation to the cessation of the Contract Services Committee and name changes within the Client Services Committee.

Copies of Standing Orders 36 and 47, as amended, are set out hereunder:

Client Services Committee

Moved by Councillor Convery, Seconded by Councillor Rodgers,

That the minutes of the proceeding of the Client Services Committee of 19th April be and they are hereby approved and adopted.

Request for Matter to be Taken Back for Further Consideration

Support for the Voluntary Sector: Resource Centres

At the request of Councillor Stoker, the Chairman (Councillor Convery), with the consent of the Council, agreed that the minute of the Client Services Committee of 19th April under the heading “Support for the Voluntary Sector: Resource Centres” be taken back to the Community and Leisure Services Sub-Committee for further consideration.

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 19th April be and they are hereby approved and adopted, subject to the omission of the minute under the heading "Support for the Voluntary Sector: Resource Centres" which, at the request of Councillor Stoker, was taken back to the Community and Leisure Services Sub Committee for further consideration.

Contract Services Committee

Moved by Councillor O’Neill, Seconded by the High Sheriff (Councillor D. Browne) and

Resolved – That the minutes of the proceedings of the Contract Services Committee of 21st April be and they are hereby approved and adopted.

Development Committee

Moved by Councillor Crozier, Seconded by Councillor M. Browne,

That the minutes of the proceedings of the Development Committee of 20th April be and they are hereby approved and adopted.

Amendment

Tourism and Promotion of Belfast Sub-Committee – Opera in the Garden Event

Moved by Councillor P. Maskey, Seconded by Councillor McAuley,

That the decision of the Development Committee of 20th April under the heading “Tourism and Promotion of Belfast Sub-Committee – Opera in the Garden Event” be rejected and accordingly that the Royal Marine Band be not included in the programme for the event on 30th June.

A division on the amendment was immediately demanded. A poll having been taken on the amendment, there voted for it twelve Members, viz., Councillors M. Browne, Cush, Hartley, Kennedy, Lavery, P. Maskey, McAuley, McCann, McClenaghan, Moore, Ní Chuilín and O’Neill; and against it eighteen Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Alderdice, W. Browne, Crooks, Crowe, Crozier, Empey, Ervine, Long, C. McGimpsey, M. McGimpsey, Newton, Patterson, Rodgers, Stoker and Wilson. The amendment was accordingly declared lost.

Request for Matter to be taken back for Further Consideration

Development and Outreach Initiative 2005/2006

Councillor Wilson requested that the minute of the Development (Arts) Sub Committee of 14th April under the heading “Development and Outreach Initiative 2005/2006”, as adopted by the principal Committee at its meeting on 20th April, be taken back to the Sub-Committee for further consideration. However, the Council agreed to vote on whether it would grant the necessary consent to the matter being taken back.

On a vote by show of hands four Members voted for the proposal and fifteen against.

The Council accordingly did not agree to the minute being taken back to the Sub-Committee for further consideration.

Adoption of Minutes

The original proposal relevant to the minutes of the Development Committee was thereupon put to the meeting and passed.

Health and Environmental Services Committee

Moved by Councillor Crowe, Seconded by Councillor Moore,

That the minutes of the proceedings of the Health and Environmental Services Committee of 18th and 25th April be and they are hereby approved and adopted, 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 undernoted correct report, copies of which had been tabled, be included within the minutes.

Amendment

Building Control

Application for the Grant of an Outdoor Entertainments Licence where Objections had been Received
Ravenhill Rugby Grounds

Moved by Councillor Empey, Seconded by Councillor Crowe,

That the decision of the Health and Environmental Services Committee of 25th April under the heading “Building Control – Application for the Grant of an Outdoor Entertainments Licence where Objections had been Received – Ravenhill Rugby Grounds” be referred back to the Committee for further consideration and that authority be delegated to the Committee to determine the application without approval by the Council.

On a vote by show of hands nine Members voted for the amendment and nineteen against and it was accordingly declared lost.

Adoption of Minutes

The original proposal relevant to the minutes of the Health and Environmental Services Committee was thereupon put to the meeting and passed.

Application for the Grant of an Amusement Permit – 480-482 Shore Road

Moved by Councillor Crowe, Seconded by the High Sheriff (Councillor D. Browne) and

Resolved – That the Council, in its capacity as Licensing Authority, agrees to grant an application for an Amusement Permit in respect of premises located at 480-482 Shore Road, subject to the conditions set out in the minutes of the Health and Environmental Services Committee of 8th March, 2005.

Town Planning Committee

Moved by Councillor Adamson, Seconded by Councillor Crowe,

That the minutes of the proceedings of the Town Planning Committee of 7th, 20th and 21st April, omitting matters in respect of which the Council has delegated its powers to the Committee, be and they are hereby approved and adopted.

Amendment

Moved by the High Sheriff (Councillor D. Browne), Seconded by Councillor Stoker,

That the decision of the Town Planning Committee of 21st April under the heading “Planning Applications – Land at Queens Road, adjacent to Abercorn Basin and Junction of Sydenham Road and Old Channel Road” be rejected and accordingly that consideration of the application be deferred to permit further consideration to be given to the development of a framework document.

A division on the amendment was demanded. A poll having been taken on the amendment, there voted for it four Members, viz., the High Sheriff (Councillor D. Browne) and Councillors Adamson, Crooks and Stoker; and against it twenty-one Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin) and Councillors M. Browne, W. Browne, Crowe, Crozier, Cush, Hartley, Kennedy, Lavery, Long, P. Maskey, McAuley, McCann, McCarthy, McClenaghan, Molloy, Moore, Ní Chuilín, O’Neill, Patterson and Wilson.

The amendment was accordingly declared lost.

Adoption of Minutes

The original proposal relative to the minutes of the Town Planning Committee was thereupon put to the meeting and passed.

Notice of Motion

SS Nomadic

In accordance with Notice on the Agenda, Councillor Adamson proposed:

"That this Council agrees to express an interest in the part funding of the purchase and salvaging of the SS Nomadic, that funding of up to £166,000 for the purchase and transportation of the SS Nomadic be approved with the monies being paid out of reserves and that the Department of Culture, Arts and Leisure, the Museums and Art Galleries of Northern Ireland and the Belfast Harbour Commissioners be requested to support the project."

The proposal was seconded by the High Sheriff (Councillor D. Browne).

Prior to the Notice of Motion being considered, the Right Honourable the Lord Mayor (Councillor Ekin) reminded the Council that Standing Order 11 (e) specified that, if the subject matter of any motion of which notice has been given comes within the province of any Committee, it shall, upon being moved and seconded, stand referred without discussion to that Committee, or to such other Committee as the Council may determine, for consideration and report.

Accordingly, the Right Honourable the Lord Mayor indicated that the matter would be referred to the Development Committee without debate.

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