Report on Hole in the Wall Bar, 1-3 Baltic Avenue, June 2007
From Nigov
Relevant Background Information
The Health and Environmental Services Committee at its meeting on 14 May 2007, agreed that the Council hear representations from the objectors, the applicant and/or their representatives in connection with the above application and that this should be a matter for the Licensing Committee to consider in due course.
At a Special Health and Environmental Services Committee meeting of 21 June 2005, Members heard representations from local residents, the PSNI, and the applicant in connection with objections to the renewal of the Licence. After discussion, it was recommended that the application be refused on the grounds that the applicant was not a fit person to hold such a licence, and that the granting of the licence would be likely to impact adversely on the residential amenity of the area. This recommendation was subsequently ratified by Council on 4 July 2005. A copy of the report circulated in advance of your meeting of the 21 June 2005 is contained in the Appendix to this report.
Consequently, the applicant appealed the Council's decision to refuse the application, and the appeal was heard at Belfast Recorders Court on the 16 March 2006. The outcome of the hearing was an interim Judgement by the Recorder, Judge Burgess, granting the Licence with special conditions and restrictions for a probationary period. The Licence was to run for 3 months, from 16 March 2006 until 17th May 2006, correlating with the period of adjournment of the appeal. Following an extended period of adjournment, the Final Order of Court was made by Judge Burgess on the 23 January 2007 in which he decided to grant the Licence with special conditions and restrictions.
The current Entertainments Licence, covering music, singing, dancing, or any other entertainment of a like kind, was granted for a three month period from 23 January 2007 as ordered by the Recorders Court. The Court ordered that the Licence be granted subject to the Council's standard conditions and additionally to the Special Conditions as stipulated below:
1. All amplified or electronically enhanced live music or other electronic noise shall be relayed through a limiter specifically installed for that purpose. The make and specification of the said limiter shall be to a standard required by the Council and approved by the Council upon satisfactory installation.
2. That limiter shall be controlled only by the licensee and staff of the premises properly authorised. A list of those names of approved staff members shall be provided to the Council.
3. The Council officers shall be at liberty to inspect and test the said limiter at any visit.
4. Sound levels are to be fixed at a level not to exceed 90db
5. Discotheques and the playing of recorded music is not permitted
6. The entertainment licence shall extend to the first floor premises only and shall not extend to the ground floor. No entertainment is to be provided on the ground floor
7. No bottles of alcohol are to be sold in the last hour of opening the premises on any Friday or Saturday. Till rolls or such other invoices or receipts relating to alcohol sales shall be made available to the Council upon request.
8. All patrons must be searched upon leaving the premises to ensure none of them are carrying bottles or glasses
9. CCTV front door tapes must be retained for a 6 month period and can be requested by the Council at any time
10. Lights outside premises are to remain on until such times as all patrons have left the premises and dispersed
11. For the avoidance of doubt, the entertainment granted is the totality of the entertainment that is permitted. No special arrangements are permitted in respect of bank holidays, St Patrick's Day, Easter etc. where those days fall other than on a Friday or Saturday.
12. The side doors are to be manned when entertainment is being provided
13. Door Staff are to be positioned at exits to ensure quiet dispersal from the premises
14. Taxi notices to be kept on premises. The said notices shall contain a warning to patrons and taxi firms that undue noise or disturbance will not be permitted and that the licensee shall take such action, including legal action if necessary to enforce that requirement
15. The licensee is also permitted to provide entertainment on Sundays. However, the following conditions must be adhered to in addition to the conditions above:
- Entertainment shall cease at 9pm
- No alcohol or drink or beverage of any kind shall be served after 9pm
- All patrons shall vacate the premises by 9.30pm
- 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
- The licensee must ensure that any children accompanying their patrons do not remain unsupervised on the street outside the premises.
The area of the premises currently licensed to provide entertainments is the:-
First Floor Bar, with a maximum capacity of 170 persons, used on Saturday nights, entertainment being in the form of karaoke/discos. In addition to this there are occasional private parties on Friday and Sunday nights.
The days and hours during which the premises are currently licensed to provide entertainment are:-
Friday & Saturday: 11.30am to 01.00am the following morning; and
Sunday: 12.30pm to 21.00pm.
Key Issues
Application to renew the 7-Day annual Entertainments Licence for the premises has now been received from Edeneast Ltd.
As a result of the application written representations have been lodged objecting to the renewal of the Licence. The nature of the objections relate to:
- Noise nuisance and disturbance as a result of disorderly behaviour when patrons leave the premises, and
- Excessive levels of noise emanating from the premises.
The Police Service of Northern Ireland has not objected to the renewal of the licence However, we have contacted them in relation to the specific objections submitted and their response will be available at your meeting.
The Pollution Control Section of the Department has confirmed that they have received 2 complaints relating to these premises since the Licence was granted.
On 3 March 2007 a complaint was received from a resident of Baltic Avenue at 23:45hrs regarding disturbance being caused due to noise from the bar. The Council's night-time noise officers called to the area at 00:06hrs and found music emanating from the bar was barely audible.
On 15 April 2007 a complaint was received from a resident of Baltic Avenue at 00:40hrs regarding disturbance being caused due to noise from the bar. The Council's night-time noise officers called to the area at 01:27hrs but witnessed no music taking place.
During performance inspections and/or monitoring of the premises has been carried out on 4 occasions by officers from the Service on the following dates: 3 March 2007, 21 April 2007, 28 April 2007, 13 May 2007. The inspections revealed that the conditions of the Licence were being adhered to, and noise breakout or disorderly patron dispersal was not witnessed. The entertainment was provided as per the hours and in accordance with the conditions on the Licence.
Decision Required
Under the terms of the recently revised Standing Orders Members now have delegated authority to determine this application on behalf of the Council. Therefore, based on submissions presented you are now required to:-
1. Approve the application, or
2. Approve the application with special conditions; in addition to the standard conditions, or
3. Refuse the application for the renewal of the licence.
If the application is refused, or special conditions are attached to the licence to which the applicant does not consent, then the applicant may appeal the Council's decision within 21 days of notification of that decision to the Recorders Court. Should you refuse to renew the licence or issue special conditions to which the applicant does not consent, and the applicant decides to appeal, the Licence will continue in its present condition until the Appeal is determined.
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