Licensing Committee 20 June 2007
From Nigov
Licensing Committee Wednesday, 20th June, 2007
MEETING OF LICENSING COMMITTEE
Members present
The High Sheriff (Councillor Kirkpatrick) (Chairman); and Councillors Attwood, Austin, D. Browne, Crozier, Ekin, Hartley, Jones, Lavery, McCoubrey, Moore, O'Neill, O'Reilly, Rodway, Smyth and Stoker.
In attendance
- Mr. W. Francey (Director of Health and Environmental Services)
- Mr. T. Martin (Head of Building Control)
- Mr. J. Cunningham (Regulatory Services Manager)
- Mr. J. Walsh (Principal Solicitor)
- Mr. J. Heaney (Committee Administrator)
Apology
An apology for inability to attend was reported from Councillor Mullaghan.
Day and Time of Future Meetings
In accordance with Notice on the Agenda, the Committee gave consideration to the day and time of its future meetings.
After discussion, it was agreed that the Committee would meet at 4.30 p.m. on the third Wednesday of each month.
Inaugural Meeting of Licensing Committee
The Head of Building Control submitted a report (This should be requested under Freedom of Information) in respect of the mechanisms by which it was proposed that practices and procedures would be developed and adopted to facilitate the Committee in carrying out its functions. He pointed out that the Committee had been delegated extensive powers and he emphasised that the determination of Licensing applications would not be subject to Council ratification and, therefore, any appeals would be made, in the first instance, to the relevant County Court.
The Head of Building Control explained that the Members had an important opportunity to shape the operations of the Committee within the existing Council framework. He suggested that, in order to bring the work to an early conclusion, it would be appropriate for a short-term working group, involving Members and officers, to be established to consider the principles, processes and procedures under which the Committee might operate. He indicated that such a Working Group would provide also a forum at which proposals might be developed in respect of:
(i) the Committee's role in relation to Liquor Licensing;
(ii) a procedure for those wishing to make representations in respect of various Licensing applications;
(iii) the process for notifying and receiving Elected Members who did not sit on the Committee;
(iv) the need to give consideration to the development of a code of conduct specific to Members of the Licensing Committee; and
(v) the form and content of reports to be submitted to the Committee.
The Head of Building Control pointed out that the decision-making process needed to be understood fully by all Members and officers and, accordingly, a further role of the Officer/Member Working Group would be to determine the breadth and scope of the training that would be required to equip Members to carry out this process.
In addition, the Head of Building Control informed the Members that a Councillors' information booklet was being prepared currently and it was envisaged that the booklet would clarify details in respect of the Committee's powers, how it would operate in respect of determining Licences and any special meetings it may convene. Members' input into the document would be sought prior to submission to the Committee for adoption.
After discussion, the Committee agreed that an All-Party Licensing Committee Working Group be established and that it be comprised of the Chairman, the Deputy Chairman and one Member from each of the other Party Groupings represented on the Council.
All-Party Working Group on Street Trading
The Director reminded the Members that the Health and Environmental Services Committee, at its meeting on 5th December, had agreed a new street trading stall design and trading policy which had set out the minimum standards of stall design for approved Licence holders. However, he indicated that there had been a growing recognition of the need to develop and improve standards of stall design in the City centre which would complement the planned investment in the City Centre Public Realm. The Members were informed that the Regulatory Services Unit had been researching and exploring different options available in this regard and that the Belfast Regeneration Office had indicated that there might be funds available to finance research into stall design for the City centre and future resources might be available to finance the purchase of suitable stalls which could be rented out to licensed stallholders.
The Members were informed that the Health and Environmental Services Committee, at its meeting on 12th March, had agreed to establish an All-Party Working Group comprising the Chairman and the Deputy Chairman, together with one representative from each of the other Political Groupings represented on the Council. The Group's remit had been to explore, consider and recommend a revised street trading stall design for the City centre and to keep other policies concerning street trading under constant review. However, the establishment of the Group had been postponed as the responsibility for the street trading function had been transferred to the Licensing Committee.
Accordingly, the Director of Health and Environmental Services recommended that, since the responsibility for street trading now rested with the Licensing Committee, an All-Party Working Group on Street Trading be established to continue the work on stall design and other relevant street trading matters and that it be comprised of the Chairman and the Deputy Chairman of the Licensing Committee, together with one representative from each of the other Party Groupings on the Council.
After discussion, the Committee adopted the recommendation.
Consultation Process in Regard to the Allocation of Street Trading Pitches and Associated Action Plan
The Committee considered the undernoted report in respect of the provisions of the Street Trading Act (Northern Ireland) 2001 relating to the designation of specific streets or parts thereof as being suitable for street trading.
After discussion, the Committee noted the information which had been provided and approved the contents of the Action Plan, a copy of which was available on the Members' Portal.
THE COMMITTEE DEALT WITH THE FOLLOWING ITEMS IN PURSUANCE OF THE POWERS DELEGATED TO IT BY THE COUNCIL AT ITS MEETING ON 1st MAY, 2007 IN ACCORDANCE WITH STANDING ORDER 46
Licensing Applications
Request for the Renewal of a Seven-Day Annual Entertainments Licence where the Applicant had been subject to a Previous Conviction
Moyola Cellars Limited, Europa Hotel
The Committee considered a report in respect of an application which had been received from Moyola Cellars Limited to renew the Entertainments Licence for the Europa Hotel which had been based on the Council's standard conditions to provide music, singing, dancing or other entertainment of a like kind.
The Head of Building Control pointed out that, under the terms of the Local Government Miscellaneous Provisions (Northern Ireland) Order 1985, in considering any application for the grant, renewal or transfer of an Entertainments Licence, the Council must have regard to any conviction of the applicant relating to an offence under the Order within a five-year period immediately preceding the date on which the application had been made. He reported that the applicant, Moyola Cellars Limited, had been convicted of an offence under the Order at the Belfast Magistrate's Court on 13th March, 2007. The offence, which related to a locked fire exit from the premises, would have prevented a safe means of escape from the premises in the event of an emergency.
The Committee was informed that an Entertainments Licence had been in place in respect of the Europa Hotel since 1985 and that the current applicant had been a Licensee since 1993 and this was the first offence for which the Licensee had been convicted. The Head of Building Control informed the Committee that, in support of the renewal of the Licence, Moyola Celars had provided written confirmation that it had carried out a review of its fire safety and licensing management procedures and had implemented a number of measures to prevent a recurrence of a similar offence. Senior management from the hotel had met with officers from the Building Control Service who were now satisfied with the measures which had been taken to date by the applicant. In addition, Moyola Cellars had agreed to co-operate fully with the Service and to carry out further fire safety improvements should any additional issues be identified.
After discussion, during which the Head of Building Control advised the Committee that no objections to the Licence had been lodged and that the Police Service of Northern Ireland had offered no objections, it was:
Resolved - That the Committee, as Licensing Authority, agrees to grant the application for the renewal of a Seven-Day Annual Entertainments Licence in respect of the premises known as the Europa Hotel, subject to the Hotel instigating and maintaining the undernoted procedures:
(i) the establishment of a Duty Managers' checklist whereby each manager is required to patrol the building during each shift;
(ii) security being installed at the rear door;
(iii) a fire risk control audit being completed by the Maintenance Manager on a weekly basis and items which are unsatisfactory and which cannot be rectified immediately being brought to the attention of the General Manager;
(iv) the Health and Safety Management Committee to meet on a monthly basis;
(v) nightclub promoters being provided with a checklist to comply with before every night of operation;
(vi) during construction work at the premises, builders to be provided with specific instructions that no waste material to be left in a position which would hinder movement throughout the hotel; and
(vii) instructions being given to each duty manager to complete a pre-event checklist and, in particular, to ensure that all exits/escape routes are clear on the nights when the nightclub is in operation.
Application for the Renewal of an Entertainments Licence where Objections had been Received
Hole in the Wall Bar, 1-3 Baltic Avenue
The Head of Building Control submitted for the Committee's consideration a report in relation to the application for the renewal of an Entertainments Licence in respect of the Hole in the Wall Bar, 1-3 Baltic Avenue. A copy of the report is set out hereunder.
The Principal Solicitor advised the Committee that, earlier that day, he had met with the Belfast Recorder to clarify issues relating to the special conditions which had been imposed on the applicants and he reported that, whilst condition number 5, as set out in the foregoing report, had been included within the interim court order made on 15th March, 2006, this condition had been removed when the Recorder of Belfast, his Honour Judge Burgess, had presented his final judgement on 23rd January, 2007. The Principal Solicitor pointed out that there was a question as to the legality of condition 15 and he advised that it should be amended so as to limit the operation of this condition to apply to that part of the premises licensed for entertainment.
It was reported that Ms. R. Hughes, Ms. D. Kelly and Ms. S. Mageean, representing the objectors to the application, were in attendance and they were admitted to the meeting and welcomed by the Chairman.
Ms. Hughes informed the Committee that the objectors to the application had no difficulty with a bar being situated in the street. However, problems had arisen when entertainment was provided, especially late at night when patrons were leaving the premises. She stated that the problems were associated with noise disturbance and anti-social behaviour at the premises and, in response to a Member's question, she indicated that the problems had increased when late-night discos, with a younger clientele, had been held in the premises and she suggested that the doormen were not present after the patrons had vacated the premises.
She indicated that the problem associated with patrons carrying out glasses and bottles from the bar had improved and that, whilst patrons had been directed to exit Baltic Avenue via the Antrim Road end, some were still congregating in the street after they had left the premises. Ms. Hughes explained that the problems in relation to anti-social behaviour were experienced mostly on Friday and Saturday nights and indicated that she was under the impression that the applicant had promised not to hold discos on a Sunday night.
Ms. Mageean advised the Members that the bar was located in a small residential street and that on evenings when entertainment was not provided there were no problems. She stated that the noise of the patrons leaving the premises at the weekends had caused the residents problems and disturbance. Ms. Kelly endorsed the comments of the previous speakers and highlighted the fact that, as a parent of two young girls, she was concerned that on Sunday evenings her daughters had witnessed patrons leaving the premises and urinating in the streets. She reported that on occasions fights had broken out outside the bar and that she personally had contacted the Council's noise hotline.
In response to a Member's question concerning the deployment of the Police Service of Northern Ireland, she stated that the Police had been contacted and had arrived after the fight had ceased. The deputation answered further questions from the Members in relation to the conduct of patrons leaving the premises. They then thanked the Committee for receiving them and retired from the meeting.
Mr. Glackin, applicant, together with Ms. S. Glackin, Bar Manager, and their legal representative Mr. C. Steele, were admitted to the meeting and welcomed by the Chairman.
Mr. Steele noted that the objections raised to the application had been received outside of the statutory 28 day period and sought some clarification as to the legality of the applicants being heard by the Committee.
In response, the Principal Solicitor informed the applicant that the Council had a right to exercise its discretion and afford the opportunity to the objectors to be heard by the Committee. He pointed out that this right had been reinforced by the judgement of the House of Lords in the recent case taken by the Council in respect of the provision of sex shops within the City. Mr. Steele acknowledged that this was the case.
Mr. Steele advised the Members that the case relating to the renewal of the Entertainments Licence had been heard before the Recorder of Belfast who had imposed very restrictive conditions on the applicant. However, he pointed out that there had been agreement by all parties concerned that the premises could provide entertainment on three evenings per week from January, 2007 until March, 2007. In response to the objections raised by the residents, Mr. Steele pointed out that patrons leaving the premises were directed towards the Antrim Road. However, he conceded that certain clients, who lived in the opposite direction, did walk down Baltic Avenue toward Atlantic Avenue. He pointed out that there were no specific incidents which had been identified by the residents and he indicated that, within close proximity to the Hole in the Wall Bar, there were several clubs, shops and cafes and he suggested that it would not be possible to identify from which of the premises people congregating on Baltic Avenue had emerged.
He reminded the Committee that in 2005 the Police Service of Northern Ireland had opposed the granting of a Licence. However, since that date, his client had attempted to improve the situation and he noted that not all of the residents who had objected to previous applications were objecting in this instance. In addition, the Police Service had offered no objections on this occasion. Mr. Steele then referred the Committee to reports which had been provided by the Environmental Health Service which had indicated that complaints of noise disturbance had been received on two occasions only and that, when investigated, they could not be substantiated. He informed the Members that, since alterations had been made to the premises by the current applicant, noise breakout from the premises had not been a problem.
In response to a Member's question relating to a fight at the premises, Ms. Glackin indicated that the matter had been dealt with by the door supervisors prior to the Police arriving and those involved had been directed away from the premises towards the Antrim Road. She pointed out that all door supervisors at the premises had attended courses organised by the Council and were approved by the Council's Door Supervisor Scheme. Searches were carried out to ensure patrons did not leave the premises taking bottles or glasses with them and female searchers had been employed by the applicant to assist in this matter. She reported that signs had been erected throughout the bar informing patrons not to congregate outside the premises and taxi drivers had been instructed not to sound their horns late at night.
In response to several Members' questions, she outlined the type of entertainment which was provided and the number of incidents which had occurred in the premises during the previous two years which had required a Police presence. Ms. Glackin pointed out that the doormen did not finish duty until the last patron had
vacated the premises. In connection with the noise levels, Mr. Steele reported that a noise limiter had been installed and set at a level of 90 decibels, as had been agreed by the courts, and there was no record of noise breakout from the premises.
The applicant thanked the Committee for receiving him and the deputation retired from the meeting.
After prolonged discussion, the Committee agreed, in its capacity as Licensing Authority, to renew, for a one-year period, the Seven-Day Annual Entertainments Licence for the premises known as the Hole in the Wall Bar, 1-3 Baltic Avenue. The Licence permitted the applicant to provide entertainment on the first floor bar, with a maximum capacity of 170 persons, such entertainment being in the form of karaoke/discos being held on Saturday nights. In addition, private parties may be held on Friday and Sunday nights, the hours during which the premises could operate to provide entertainment being:
Friday and Saturday: 11.30 a.m. to 1.00 a.m. the following morning; and Sunday: 12.30 p.m. to 9.00 p.m.
The Committee agreed further that the Licence would be subject also to those conditions as imposed by the Court and as set out in the foregoing report, with the omission of condition number 5 and with condition number 15 being amended in accordance with the Principal Solicitor's advice to provide that:
The licensee is permitted also to provide entertainment on Sundays. However, the following conditions must be adhered to in addition to the conditions above:
- Entertainment shall cease at 9.00 p.m.;
- No alcohol or drink or beverage of any kind shall be served after 9.00 p.m. in that part of the premises licensed for entertainment;
- All patrons shall vacate that part of the premises licensed for entertainment by 9.30 p.m.;
- No alcohol or food is permitted to be brought on to the streets from the premises;
- The side doors to the premises are to remain closed and supervised; and
- The licensee must ensure that any children accompanying patrons do not remain unsupervised on the street outside the premises.
The premises to be monitored for one year by Council staff.
Application for the Renewal and Variation of a Six-Day Annual Entertainments Licence where no Objections had been Received
Malone Lodge Hotel, 54-64 Eglantine Avenue
The Committee considered the undernoted report in connection with the application for the renewal and variation of a Six-Day Annual Entertainments Licence in respect of the premises known as Malone Lodge Hotel, 54-64 Eglantine Avenue.
The Head of Building Control advised the Committee that it was not the applicant's intention to provide nightly or weekly entertainment in the additional areas, but that a Licence was being sought primarily to facilitate the holding of private functions. The main benefit of the variation would be to permit music to be played in the lobby to greet wedding guests prior to the arrival of the bride and groom for their wedding. Furthermore, on occasions, tour groups and the like had requested that music be played in the lobby or bar area. The music would not be amplified and would not cause noise disturbance to nearby properties.
After discussion, it was
Resolved - That the Committee, in its capacity as Licensing Authority, agrees to grant the application for the renewal of a Six-Day Annual Entertainments Licence in respect of premises known as the Malone Lodge, 54-64 Eglantine Avenue, and furthermore, grants the variation of the Licence in order that entertainment, in the form of unamplified/acoustic musical instruments, be permitted in the public bar and lobby areas of the hotel, under the same conditions and during the times agreed for the other areas of the hotel.
Application for the Transfer and Renewal of an Entertainments Licence in Respect of Thompson's Garage, 3 Patterson Place
The Committee was advised that an application had been received seeking to transfer the Entertainments Licence for Thompson's Garage from the current Licensee, Mr. E. Kielt, to Mr. S. Boyd, and to renew the licence based on the Council's standard Licensing Conditions to provide music, singing, dancing or other entertainment of a like kind.
The Head of Building Control advised the Members that no objections had been received as a result of the public notices in respect of the application. However, whilst not objecting to the Licence, the Police Service of Northern Ireland had highlighted a number of concerns which they had in relation to the high level of assaults and thefts associated with the premises. The incidents had required the deployment of a significant amount of personnel and other resources. In addition, the Police Service had indicated that the operation of the premises was raised regularly at community meetings as a continual focus of violence and disorder. However, in light of the fact that an application had been made to transfer the Licence, the Police Service of Northern Ireland had met with the prospective Licensee and had agreed that an immediate plan of action to address the Police Service's concerns should be drawn up. Accordingly, the Police Service had recommended that any Licence to be issued to the prospective Licensee should be for a three-month period only, which would enable the Police Service to monitor and evaluate the impact of the agreed action plan.
The Head of Building Control advised the Members that the new applicant had confirmed in writing his agreement to a three-month Licence and the proposed action plan which sought to address the concerns raised by the Police Service of Northern Ireland.
The Head of Building Control then outlined for the information of the Members the details contained within the action plan.
The Committee noted the information which had been received and noted also that the Licence would be transferred to the new applicant and renewed for a three-month period under the powers delegated to the Director of Health and Environmental Services.
Chairman
