F 471 Licensing Committee

Wednesday, 19th June, 2013

MEETING OF LICENSING COMMITTEE

Members present: Alderman Ekin (Chairman); the Deputy Lord Mayor Alderman Stalford; Aldermen McCoubrey and Rodgers; Councillors Attwood, M. E. Campbell, Cunningham, Groves, Hussey, Jones, Keenan, Lavery, Mallon, Ó Donnghaile, O’Neill, Reynolds and Spence.

In attendance: Mrs. S. Wylie, Director of Health and Environmental Services; Mr. T. Martin, Head of Building Control; Mr. J. Walsh, Legal Services Manager; Ms. N. Largey, Solicitor; and Mr. H. Downey, Democratic Services Officer.

Minutes

The minutes of the meetings of 7th and 15th May 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 June, subject to the omission of those matters in respect of which the Council had delegated its powers to the Committee.

Declarations of Interest

No declarations of interest were reported.

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

Licences Issued under Delegated Authority

The Committee noted a list of licensing applications which had been granted under the delegated authority of the Director of Health and Environmental Services.

Applications for the Grant of Seven-day Annual Indoor and Outdoor Entertainments Licences – The Mary Peters Track

The Committee was advised that applications had been received from the Council’s Parks and Leisure Department for the grant of Seven-day Annual Indoor and Outdoor Entertainments Licences in respect of the above-mentioned venue. The Director of Health and Environmental Services reported that an extensive refurbishment of the facility had been completed recently and that it would be utilised for the forthcoming World Police and Fire Games. It was the intention to use the Licences in order to host various events in support of the Games, with entertainment being provided from Monday to Sunday between the hours of 11.30 a.m. and 11.00 p.m. Licensing Committee , F Wednesday, 19th June, 2013 472

She reminded the Members that the Licences had, in the past, been issued under the Council’s Scheme of Delegation. However, the Committee, at its meeting on 21st November, 2012, had agreed, amongst other things, that in future all new applications for the grant of Outdoor Entertainments Licences be placed before it consideration.

She reported that no written representation had been received in relation to the grant of the Licences and that the Police Service of Northern Ireland had been consulted. The Council’s Environmental Protection Unit had no concerns regarding the applications. The Director confirmed that, should the Committee grant the Licences, the Building Control Service would, in advance of events taking place, consult with the organisers, the Parks and Leisure Department, the Environmental Protection Unit and relevant agencies, including the Northern Ireland Fire and Rescue Service and the Police Service of Northern Ireland, to ensure that all documentation was completed and that all safety and technical requirements were met.

Accordingly, it was

Resolved - That the Committee, in its capacity as Licensing Authority, agrees to grant Fourteen-day Annual Indoor and Outdoor Entertainments Licences in respect of The Mary Peters Track, subject to the inclusion of the following conditions:

(i) prior to any event taking place, the licensee or promoter will be required to demonstrate evidence of early consultation with local residents and have in place a robust system, to be agreed in advance with the Council, for dealing with complaints;

(ii) prior to any planned event, the licensee may apply to provide entertainment beyond 11.00 p.m. That request must be considered by the Licensing Committee and must be submitted at least three months in advance of the proposed event. The Committee will, in considering a request for additional hours, have regard to any previous noise issues which may have arisen; and

(iii) where a request is made to provide entertainment later than 11.00 p.m. on a number of nights, it should be noted that, should the Council receive a significant number of complaints regarding noise, or the complaint is of such significant impact, then the finishing time for subsequent events may be reduced, in which case the licensee or promoter should make contingency arrangements. Licensing Committee , F Wednesday, 19th June, 2013 473

Application for the Grant of a Seven-day Annual Outdoor Entertainments Licence – Ardoyne Fleadh, Holy Cross Boys’ Primary School, Brookfield Street

The Director of Health and Environmental Services informed the Committee that an application had been received for the grant of a Seven-day Annual Outdoor Entertainments Licence in respect of the above-mentioned venue. She explained that, to date, ten written representations had been received within the twenty-eight day statutory period for the receipt of objections and a further six had been submitted outside that timeframe. The submissions had highlighted issues relating primarily to noise, litter and crowd control. She pointed out that, under the provisions of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985, the Committee, in considering an application, must have regard to any representations which had been received within the twenty-eight day statutory period. However, where objections had been received beyond that period, the Committee could exercise its discretion and consider those objections, although it did not have a duty to do so.

The Committee agreed, in view of the nature of the objections which had been received and the proximity of the objectors to Holy Cross Boys’ Primary School, to exercise its discretion and consider all of the objections at a special meeting which was scheduled to take place on 26th June, to which the applicant, the objectors and/or their representatives would be invited to attend.

Application for Additional Hours – Belfast Harlequins, 45A Deramore Park

The Director of Health and Environmental Services submitted for the Committee’s consideration a report providing information on an application which had been received from Belfast Harlequins seeking to hold a family event on Saturday, 22nd June within a marquee at the club’s sports grounds. She reported that the club’s current Outdoor Entertainments Licence permitted entertainment to take place from Monday to Sunday from 11.30 a.m. till 11.00 p.m. within a marquee. Special conditions had been attached to the Licence in relation to the organisers dealing with any complaints arising from events and the action to be taken by the Council regarding future events, should complaints be received. The premises held also a Seven-Day Annual Indoor Entertainments Licence which permitted entertainment to be provided from Monday to Saturday till 11.00 p.m. and on a Sunday till 10.00 p.m. within the main building on the site.

She informed the Members that the applicant had sought authority to operate till 11.30 p.m. on the night of Saturday, 22nd June in order to accommodate a band which would be performing from 8.30 p.m. Since the application related to the extension of hours under an existing Licence condition, rather than varying the Licence, there was no requirement to advertise the application. The Police Service of Northern Ireland, as a statutory consultee, had offered no objection to the application.

The Director reported further that officers from the Building Control Service had undertaken a number of inspections of the premises whilst entertainment had been taking place and had identified no issues in terms of health, safety and welfare management. She pointed out that the Council’s Environmental Protection Unit had, in the past year, responded to four complaints of noise arising from an event being held within a marquee. Whilst that noise had been audible, it had not been at a level which had required action to be taken by the Unit. She added that the organiser of the forthcoming event had submitted an event management plan, including a background noise survey, which had been assessed by Council officers in order to ensure that all technical requirements were met. The organisers had written also to local residents Licensing Committee , F Wednesday, 19th June, 2013 474

advising them of the nature of the event and the proposed finishing time. To date, no objections or concerns had been raised by residents.

The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-day Annual Outdoor Entertainments Licence for Belfast Harlequins be extended to enable entertainment to take place within a marquee till 11.30 p.m. on Saturday, 22nd June, 2013, subject to all technical requirements being met to the satisfaction of Council officers.

Application for Additional Hours – Polo in the City Event, Botanic Gardens

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 A request has been received, from Mencap Northern Ireland, to hold the Polo in the City event at Lower Botanic Gardens on Saturday 31st August 2013.

1.2 This one-day event is in its third year following its successful introduction in 2011 at Botanic Gardens. It is now regarded as being a highlight on the social and sporting calendar and is aimed at raising awareness and much needed funds for the charity which supports both children and adults with a learning disability living in Northern Ireland. Based on the success of the previous events, Mencap are confident of raising an estimated £70,000.

1.3 During the day, spectators will watch players from across Ireland and the UK participate in a series of polo matches and in the evening guests are invited to the post polo party.

1.4 In previous years, the event did not run beyond the standard hours of 11.00 p. m. but, following the success of the last two events, the organisers have requested permission to operate until 12.00 a. m. in order to maximise the event, improve the overall experience for those attending and provide additional value for money.

1.5 Members may be aware that a report was presented to the Parks and Leisure Committee on 9th May regarding the same event and the Committee recommended that it be approved. Licensing Committee , F Wednesday, 19th June, 2013 475

1.6 Members are advised that a Seven-day Annual Indoor Entertainments Licence for a marquee has been granted for Botanic Gardens and the standard days and hours during which entertainment may be provided are:

• Monday to Sunday: 11.30 a. m. to 11.00 p. m.

1.7 In addition, the following special conditions are attached to the licence:

1. Prior to any event taking place the promoters are required to demonstrate evidence of early consultation and have in place a robust system of dealing with any complaints which has been agreed in advance with the Council.

2. 28 days prior to the event the licensee may apply for additional hours. Extensions may be granted depending on any previous noise issues which may have arisen. Should the Council receive a significant number of complaints about noise or the complaint is of such significant impact, then the finishing time for subsequent events may be reduced and the promoter should make contingency arrangements for this eventuality.

2.0 Key Issues

2.1 The applicant has requested permission to run beyond 11.00 p.m. to 12.00 a.m on Saturday 31st August, 2013.

2.2 As this is not an application to vary the terms of the licence, but a request for Council’s permission to extend the hours under an existing licence condition, there is no requirement for public advertisement in this case.

2.3 The event will cater for an audience of 850 people. Tickets went on sale from Tuesday 4th June 2013.

2.4 The organiser will provide an Event Management Plan and Background Noise Survey which Officers of the Building Control Service and Environmental Protection Unit will assess to ensure the safety and technical requirements of the event are complied with.

2.5 The organisers will also write to each of the residents within the vicinity of the venue and provide them with information about the event and the desired finish time of 12.00am on the night proposed. The resident’s letter will not be issued until the Committee has considered the request for extended hours. Licensing Committee , F Wednesday, 19th June, 2013 476

2.6 Representatives of Mencap and the Polo event will be available at the meeting should you wish to seek further information on these proposals.

2.7 PSNI The PSNI has been consulted in relation to the application and have no objection or concerns with the event. A copy of the PSNI response has been forwarded to Members.

2.8 NIFRS The Northern Ireland Fire and Rescue Service were also consulted and have no objection to the application. However, as with other agencies, they will be invited to a pre-event meeting and provided with relevant documentation in advance of any event consisting of entertainment held at the park

2.9 Health, safety and welfare issues Officers of the Building Control Service have carried out during performance inspections at previous events and have always found the organisers and their representatives to be professional in their approach and have had no issues with the health, safety and welfare management of the event during that time.

2.10 Noise issues The Environmental Protection Unit (EPU) has been consulted in relation to the request for late night entertainment for the event at Botanic Gardens and will evaluate the proposed Noise Management Plan when submitted.

2.11 EPU is supportive of all events aimed at improving the attractiveness and diversity of the City. They are committed to working with licensees to ensure these events are successful and to achieve a balance between the rights of residents, the event, the promotion of the city and the wider benefits to the local economy.

2.12 Where a request is made to the Licensing Committee for an event to finish beyond 11.00 p.m., Members are reminded of the requirements of the Clean Neighbourhoods and Environmental Act (Northern Ireland) 2011 which came into force in Northern Ireland on 1st April 2012.

2.13 Last year, the Noise Team did not receive any complaints about this event. An Officer from the Environmental Protection Unit will be available at the meeting to answer any queries Members may have in relation to noise issues. Licensing Committee , F Wednesday, 19th June, 2013 477

3.0 Resource Implications

3.1 Financial

An Officer will be required to carry out an inspection at the event but this is catered for within existing budgets.

3.2 Human Resources

None

3.3 Asset and Other Implications

None

4.0 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues.

5.0 Recommendations

5.1 Having considered this information and any representations received, the Committee is required, subject to all technical requirements being met, to:

1. agree that the proposed event on Saturday 31st August 2013 should be permitted to take place such that the standard hours of licence are extended from 11.00 p.m. to 12.00 am, or

2. refuse to extend the request for extended hours.”

The Committee agreed, in its capacity as Licensing Authority, that the standard hours on the Seven-day Annual Outdoor Entertainments Licence for Botanic Gardens be extended to enable entertainment to take place within a marquee till midnight on Saturday, 31st August, 2013, as part of The Polo in the City Event, subject to all technical requirements being met to the satisfaction of Council officers. Licensing Committee , F Wednesday, 19th June, 2013 478

Reconsideration of a Renewal of a Seven-day Annual Entertainments Licence/ Application for Additional Hours – Custom House Square

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 An application was received on 17th April, 2013 from the Department for Social Development for the renewal of the Seven-day Annual Outdoor Entertainments Licence for Custom House Square.

Venue and Location Ref. No. Applicant Custom House Square WK/201300605 Mr Michael Pettigrew Belfast Wk/201300101 Dept. for Social Development 4th Floor, Oxford House 49 - 55 Chichester Street Belfast

1.2 On that Entertainments Licence, the days and hours during which outdoor musical entertainment were permitted to be provided were:

• Monday to Sunday: 11.30 a. m. to 11.00 p. m.

1.3 Members will recall that, at your meeting on 17th April, the Committee heard representations from the licensee and the objectors to the application and, having considered all the matters, agreed to renew the Licence subject to the following condition:

• Entertainment is restricted to no more than three successive nights in any given seven day period, with exceptions being made for Bank and Public Holidays.

1.4 The Licensee was notified of the restrictions to the Licence following the meeting and subsequently by the Democratic Services Officer indicating their rights of appeal under the legislation. The Licensee did not appeal the decision and the time period for such an appeal has now elapsed.

1.5 At the time of the April Meeting, the Committee was assured that the nights as notified to the Council for the Belsonic event, planned for August this year, could be facilitated within the terms of the new licence.

1.6 It has now come to our attention that Belsonic had been planning two additional nights to those which were notified to the Committee in April and we understand that they are contractually committed to performers on these nights. We further understand that these obligations are substantial and irreversible. They have indicated to us that if these nights do not take place, it could not only threaten the viability of the Belsonic Event but also jeopardise the company which Licensing Committee , F Wednesday, 19th June, 2013 479

organises the event, with a subsequent loss of jobs. This obviously would impact significantly on the entertainments offering within the City.

1.7 In the light of this new information, Belsonic, with the agreement of the Licensee, has requested an opportunity to address the Committee in order that the decision may be revisited

1.8 Within this report is a further request from the organisers of Belsonic to provide entertainment beyond the standard hours of 11.00 pm to 12.00 am on Sunday 25 th August, which is the bank holiday weekend.

1.9 Members may recall that at your meeting on 17 th April 2013, you also considered a similar application from organisers of the Cathedral Quarter Arts Festival in relation to additional hours and granted them permission to run their events beyond 11.00 p. m. on 5 of the nights within a marquee at Custom House Square.

2.0 Key Issues

2.1 Request to Reconsider the Decision of 17 th April 2013

Under Standing Orders, the Licensing Committee has full delegated authority in relation to licensing decisions. However, there is a proviso that the Committee may reconsider any decision referred to it by the Director in consultation with the Legal Services Manager.

2.2 In this case, given the gravity of the matters at stake and having consulted with both the Legal Services Manager and the Chair of the Licensing Committee, it has been decided to bring this matter to your attention for further consideration. The basis for the review is the fact that the Committee was unaware of a material consideration at the time when it considered the application.

2.3 Request for additional hours

Additionally this year, organisers have requested permission for one night of the event programme to operate beyond 11.00 p m, which is the penultimate night of Sunday 25 th August, on the bank holiday weekend. The other remaining nights will end at 11:00pm.

Licensing Committee , F Wednesday, 19th June, 2013 480

2.4 The organisers have advised that the bank holiday weekend of the festival (23 rd -25 th August) is regarded as some of the busiest evenings at Custom House Square and they anticipate more visitors from outside the City and further afield attending these events.

2.5 The organisers have also advised they require the additional hour to facilitate the late arrival of the headline act for the Sunday 25 th August event, which is regarded as a major exclusive. They also hope that the additional hour will provide their visitors with a memorable festival experience and value for money.

2.6 A copy of the proposed running order has been forwarded to Members.

2.7 As this is not an application to vary the terms of the licence, but a request for the Council to reconsider the previous decision and a grant permission to extend the hours under an existing licence condition, there is no requirement for public advertisement in this case.

2.8 As part of the request to hold an additional two nights of entertainment, the organisers have liaised with local residents and businesses in the vicinity of the venue to provide them with information about the proposed events, including the desired extended finish time of 12.00 am on the penultimate night of 25 th August. They have also highlighted to residents that both these matters are subject to approval by the Licensing Committee.

2.9 Additionally we have notified the objectors to the application in relation to both these situations and have invited them and the applicant to attend to make representation should you wish to reconsider the issue of additional nights and permission to go beyond 11.00 pm on 25 th August.

2.10 The organiser has provided a draft version of the Event Management Plan and has been requested to submit a draft background noise assessment which Officers of the Building Control Service and Environmental Protection Unit are currently assessing to ensure that all technical requirements will be met.

Licensing Committee , F Wednesday, 19th June, 2013 481

2.11 PSNI

The Police has been consulted about both requests on the application and their views on these matters will be available at your meeting.

2.12 Noise Issues

The Environmental Protection Unit (EPU) has been consulted about the reconsideration of the application and the request for additional hours..

2.13 It is supportive of all events aimed at improving the attractiveness and diversity of the City and are committed to working with licensees to ensure these events are successful and to achieve a balance between the rights of residents, the event, the promotion of the City and the wider benefits to the local economy.

2.14 In relation to the request from Belsonic to add another two nights of entertainment to their running order, EPU notes that the nights in question will finish at 11.00 pm. However, they advise that these additional nights may also increase the potential for complaints relating to noise disturbance from the event.

2.15 EPU has confirmed that over the last two years the noise team received 15 complaints regarding the Belsonic Event and that no formal action was taken in relation to any of these complaints.

2.16 EPU are also concerned that the organisers have requested that one of their initial 7 nights of entertainment would now run beyond the 11.00 p m standard licence hours at Custom House Square could give rise to further complaints. They will closely monitor this under the Clean Neighbourhoods and Environment (NI) Act 2011.

2.17 The Committee may also wish to note that for the recent Cathedral Quarter Arts Festival, held from the 2 nd to 12 th May 2013, the Unit received a total of 7 complaints. On two out of these seven occasions, complaints were received after 11.00 pm. On the first occasion noise officers called to the event and in their opinion the noise levels observed from the event represented breaches of the Noise Act. A Warning Notice was subsequently served on the event organiser and the noise levels were then reduced to an acceptable level. A Warning Notice was deemed necessary on the second occasion but the event ended just before the Notice could be issued. Licensing Committee , F Wednesday, 19th June, 2013 482

2.18 An Officer from the Environmental Protection Unit will be available at the meeting to answer any queries Members may have in relation to noise issues . 3.0 Resource Implications

3.1 Financial

None.

3.2 Human Resources

None.

3.3 Asset and Other Implications

None.

4.0 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues.

5.0 Recommendations

5.1 Firstly, Members are asked to determine if you wish to reconsider the application in light of the information now available.

5.2 If you do wish to reconsider the application, then taking into account the information presented and representations made in respect of it you are required to make a decision to either:

• amend your decision to restrict entertainment to no more than three successive nights in any given seven day period, with exceptions being made for Bank and Public Holidays, to cater for the two additional nights proposed for Belsonic, or;

• re-affirm your decision of 17th April to restrict entertainment to no more than three successive nights in any given seven day period, with exceptions being made for Bank and Public Holidays.

5.3 In the case that you refuse to reconsider the application or, having heard the representations, re-affirm your decision of 17th April there is no right of appeal. The extant licence will continue to remain in force. Licensing Committee , F Wednesday, 19th June, 2013 483

5.4 Secondly, in relation to the request for permission to run beyond 11.00 pm on 25 th August, and having considered this information and any representations received, you are then required to determine, subject to all technical requirements being met:

• If the proposed event taking place on the 25 th August 2013 should be permitted to take place beyond the standard hours of licence and, if so;

• An appropriate finishing time for the proposed extended night of the event.

5.5 In the case that you refuse to grant additional hours, there is no right of appeal.”

The Head of Building Control outlined the circumstances surrounding the request which had been received from Belsonic inviting the Committee to reconsider its decision of 17th April, with a view to enabling the promoter to provide entertainment on two additional nights in order to fulfil contractual obligations to two acts who had been booked prior to that Committee meeting. He explained that, whilst the Council had delegated decision-making powers to the Licensing Committee, it could reconsider any decision referred to it by the Director of Health and Environmental Services, in consultation with the Legal Services Manager, in cases where it had been unaware of a material consideration when arriving at a decision.

After discussion, the Committee agreed, in view of the information which had been made available subsequently by Belsonic, to reconsider that part of its decision of 17th April stipulating that entertainment should be restricted to not more than three successive nights in any given seven-day period, with exceptions being made for Bank and Public Holidays.

The Head of Building Control reported that the objectors to the initial application had been advised of both the request for two additional nights and to extend till midnight the finishing time of the event which was taking place on 25th August. The objectors had requested an opportunity to address the Committee in that regard and, accordingly, Mr. M. McCaffrey and Mr. I Sheard were admitted to the meeting.

Mr. McCaffrey informed the Members that he owned an apartment within the Custom House Residence and was on its Management Board. He expressed surprise that the matter was being considered again, particularly, since the Department for Social Development had not appealed the Committee’s decision of 17th April. He explained that the Belsonic festival had, over the years, grown from a three to a ten-day event and that it created difficulties for local residents, especially in terms of noise nuisance. During the festival, sound levels in excess of seventy decibels had been recorded in his apartment, which made it difficult to engage in a normal conversation. He reminded the Members that the Council was keen to encourage residential living within the City centre and pointed out that that was at odds with the Committee’s decision to licence large scale events within locations such as Custom House Square. Mr. McCaffrey confirmed that the objectors would be content to accept the additional two nights being sought by Belsonic for this year’s event if, in future years, it was restricted to three days or held in an alternative venue. Licensing Committee , F Wednesday, 19th June, 2013 484

In response to the point which had been raised by Mr. McCaffrey regarding the need for the Committee to reconsider its decision of 17th April, the Legal Services Manager advised him that there was provision for that within the Council’s Standing Orders. The matter had been referred back for reconsideration as the Committee had not been aware of a material consideration when arriving at its decision.

Mr. Sheard explained that he was also a member of the Custom House Square Residence Management Board. He expressed the view that Custom House Square was wholly inappropriate for events such as the Belsonic festival and that it was more suited to arts festivals and similar events, where there was less potential for disturbance to local residents. He accepted that the festival played an important role in the City’s events calendar and requested that, should the Committee be minded to grant the additional two days for this year, it should recommend that, in future, the number of days be reduced or it be moved to another location.

Mr. McCaffrey and Mr. Sheard thanked the Committee for receiving them and retired from the meeting.

Mr. D. McLaughlin and Mr. M. Pettigrew, representing the Department for Social Development, the licensee of Custom House Square, together with Mr. P. Donaldson and Mr. A. Simms from Belsonic, were admitted to the meeting and advised of the points which had been raised by the objectors.

Mr. Pettigrew informed the Committee that the Department for Social Development fulfilled an important role in the regeneration of the City and highlighted the economic benefits to be derived from holding events such as the Belsonic festival. He explained that the Department had not been made aware of Belsonic’s request to operate on two additional nights until after the Committee meeting on 17th April. Having been advised that Belsonic had committed financially to the acts which would perform on those nights, the Department was fully supportive of the matter being brought back to the Committee for further consideration.

Mr Simms reported that, since the launch in 2008 of the Belsonic festival, it had attracted in excess of 180,000 patrons and had generated an estimated £4 million for the local economy. He explained that representatives of Belsonic and the Department for Social Development had met in March to discuss the forthcoming Festival and that the Department had been advised that seven shows had been confirmed and that there would be one or two additional events. By the time the Committee meeting had taken place on 17th April, Belsonic had already committed to those two events, at a cost of $175,000. It had not at any time within the twenty-one day appeal period been advised by the Department for Social Development of the restrictions which had been placed by the Committee on the festival. He pointed out that, should the Committee not agree to grant the two additional nights, it would leave Belsonic financially vulnerable and could lead to a loss of jobs and one of Belfast’s key summer events. Licensing Committee , F Wednesday, 19th June, 2013 485

Mr. Simms outlined the extent of the work which had been undertaken to address any disruption to local residents and businesses arising from the Belsonic festival. He highlighted the fact that the number of nights for which Belsonic had sought to operate beyond 11.00 p.m. had been reduced from six in 2010 to only one in 2013. Other measures had included the installation of a new sound system, revising the times in which sound checks were carried out, utilising silent generators and employing security staff to prevent anti-social behaviour. Residents and businesses had been provided with details well in advance of the various events which would be taking place over the course of the festival and had been given contact details for the promoter, should any issues arise. He added that Belsonic worked closely with statutory bodies such as the Council, the Police Service of Northern Ireland and the Department for Social Development, both before and after the festival, to address any issues.

In response to a number of questions from the Members, Mr. Simms confirmed that a minimum of eight nights would be required by Belsonic in order to make the festival economically viable. In terms of moving it to another venue, possibly outside the City centre, he explained that Custom House Square provided an impressive performance space and that it was well served in terms of infrastructure, hotels, restaurants and taxi services. He added that he had received several letters of support from residents in surrounding apartments commending the event.

The Chairman thanked the delegation for their contribution and they retired from the meeting.

After discussion, the Committee agreed, in its capacity as Licensing Authority, to amend its decision of 17th April to grant the renewal of the Seven-day Annual Entertainments Licence for Custom House Square, to provide that:

(i) entertainment be restricted to no more than three nights in any given seven-day period, with an exception being made for Bank or Public Holidays when an additional night will be permitted in that seven-day period; and

(ii) for the 2013 Belsonic Festival, two additional nights of entertainment may be provided on Tuesday, 20th and Wednesday, 21st August, 2013, in addition to the standard restriction relating to the provision of entertainment in any seven-day period.

The Committee agreed also:

(i) to permit entertainment till midnight on Sunday, 25th August, 2013; and

(ii) that a letter be forwarded to the Department for Social Development requesting that it put in place an effective policy for the management of events taking place within Custom House Square.

Application for Additional Hours – Féile an Phobail Event, Falls Park

The Committee was advised that an application had been received from the organisers of Féile an Phobail seeking to hold an eleven-day music event from Thursday, 1st till Sunday, 11th August within a marquee in the Falls Park. The festival, which had been established in 1988, was now regarded as being one of the largest community events in Europe. The Head of Building Control reported that the Council’s Licensing Committee , F Wednesday, 19th June, 2013 486

Parks and Leisure Department currently held a Seven-day Annual Outdoor Entertainments Licence and a Fourteen-day Occasional Indoor Licence for the Park, which were transferred to promoters for the duration of their events. Entertainment was permitted to take place from Monday till Sunday from 11.30 a.m. to 11.00 p.m. both outdoors and within the marquee. Special conditions had been attached to the Licences in relation to the organisers dealing with any complaints arising from events and the action to be taken by the Council regarding future events, should complaints be received.

He informed the Members that this year’s Féile an Phobail festival was affiliated to the World Police and Fire Games, which would be taking place in the City during the period of the festival. The organisers of the event had sought authority to operate till 1.00 a.m. on the nights of 2nd, 3rd, 5th, 7th, 8th, 9th and 10th August and till midnight on 4th and 11th August. He pointed out that, since the application related to the extension of hours under an existing Licence condition, rather than varying the Licence, there was no requirement to advertise the application. Neither the Northern Ireland Fire and Rescue Service nor the Police Service of Northern Ireland, as statutory consultees, had objected to the granting of the additional hours.

The Head of Building Control reported further that officers from the Building Control Service had, in the past, undertaken inspections of several events which had been organised by Féile an Phobail whilst entertainment had been taking place and had identified no issues in terms of health, safety and welfare management. He pointed out that the Service had now received a copy of the event management plan and other relevant documentation and was liaising currently with the organisers to ensure that all issues were addressed. The organisers had, through a series of meetings, consulted extensively with residents in the vicinity of Falls Park and had advised that no concerns had been raised as a result. In addition, the Building Control Service had received no complaints from residents.

He informed the Committee that the Council’s Environmental Protection Unit had responded to four complaints of noise arising from last year’s event, three of which had been received beyond 11.00 p.m. No formal action had been taken by in relation to those complaints. Whilst the Unit had highlighted concerns around the cumulative impact of consecutive nights of late entertainment and the potential for loss of sleep for residents, it was working with the organisers to agree a suitable noise assessment and noise management plan which would ensure that the festival did not cause unreasonable disturbance to commercial and residential premises.

The Committee agreed, in its capacity as Licensing Authority, that, subject to all technical requirements being met to the satisfaction of Council officers, the standard hours on the Fourteen-day Occasional Indoor Entertainments Licence for the Falls Park be extended to enable entertainment to take place within a marquee, as follows:

(i) on Friday 2nd, Saturday 3rd, Monday 5th, Wednesday 7th, Thursday 8th, Friday 9th and Saturday 10th August, 2013, till 1.00 a.m. and Licensing Committee , F Wednesday, 19th June, 2013 487

(ii) on Sunday 4th and Sunday 11th August, 2013 till midnight.

The Committee agreed also that, should the Council receive a significant number of complaints regarding noise from the Féile an Phobail event, or the complaint is of such significant impact, that authority be delegated to the Director of Health and Environmental Services, in consultation with the Legal Services Manager, to reduce the finishing time for subsequent events, in which case the licensee or promoter should make contingency arrangements.

Application for the Variation of a Seven-day Annual Entertainments Licence – Filthy McNasty’s, 41-45 Dublin Road

(Mr. S. Leonard, Environmental Health Manager, attended in connection with this item.)

The Committee considered the undernoted report:

“1 Relevant Background Information

1.1 An application was received on 10th April 2013 from Bachus Inns Limited for the variation of a Seven-day Annual Entertainments Licence for Filthy McNasty’s based on the Council’s standard conditions to provide music, singing, dancing or any other entertainment of a like kind.

Premises and Location Ref. No. Applicant Filthy McNasty’s WK/201300561 Bachas Inns Limited 41–45 Dublin Road 45 Dublin Road Belfast BT2 7HD Belfast BT2 7HD

1.2 The director of Bachus Inns Limited is Mr Paul Langsford, who is also the licensee for El Divino, May’s Meadow.

1.3 Members are reminded that, at your meeting on 15th May, the Committee deferred consideration of a variation application to extend the hours during which entertainment may be provided on a Sunday until 3.00 a. m. to allow for a revised noise impact assessment to be submitted by the applicant to the satisfaction of Council officers.

1.4 Due to the lateness of its submission, Council officers had been afforded little opportunity to review the noise impact assessment document in detail. However, it was apparent that the assessment had been undertaken on a Friday night rather than a Sunday night, which made comparisons difficult, and more detailed information was required on noise levels from music and its impact upon the adjacent apartment block.

Licensing Committee , F Wednesday, 19th June, 2013 488

1.5 Members are also reminded that, at your meeting on 20th February 2013, the Committee granted a variation application to extend the hours during which entertainment may be provided on a Thursday to Saturday until 3.00 a m for the first floor only. The application under consideration at that meeting being for a 3.00 a. m. licence for seven nights.

1.6 This decision was taken following consideration of representations from local residents, from the applicant, Mr Langsford, and his associate Mr McGarry, who confirmed they envisioned operating to 3.00 a. m. initially on Thursday, Friday and Saturday nights only.

1.7 Members may recall that following this decision the applicant lodged an appeal against the refusal to extend the hours of entertainment on a Sunday night/Monday morning, stating that their business model was based on operating to 3.00 am on a Sunday night. However, at your meeting on 17th April, Members were advised that the appeal had been withdrawn.

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

• Filthy McNastys, ground floor, with a maximum capacity of 60 persons

• Gypsy Lounge, first floor, with a maximum capacity of 300 persons.

1.9 The days and hours during which the premises are currently licensed to provide entertainment on the ground floor are:

• Monday to Saturday: 11.30 a. m. to 2.00 a. m. the following morning, and

• Sunday: 12.30 p. m. to 12.00 midnight

1.10 The days and hours during which the premises are currently licensed to provide entertainment on the first floor are:

• Monday to Wednesday: 11.30 a. m. to 2.00 a. m. the following morning,

• Thursday to Saturday: 11.30 a. m. to 3.00 a. m. the following morning, and

• Sunday 12.30 p. m. to 12.00 midnight

Licensing Committee , F Wednesday, 19th June, 2013 489

1.11 The premises operates as a public house with low key entertainment provided in the form of individual or small groups of acoustic musicians from Tuesday to Sunday inclusive on the ground floor. In the nightclub on the first floor entertainment is provided on Thursday, Friday and Saturday in the form of DJ's occasionally supplemented by live performers such as saxophonists, percussionists and violinists.

1.12 The nature of the variation is to amend the hours during which entertainment may be provided on the first floor on a Thursday and Sunday night, as follows:

• Monday to Thursday: 11.30 a. m. to 2.00 a. m. the following morning,

• Friday and Saturday: 11.30 a. m. to 3.00 a. m. the following morning and

• Sunday: 12.30 p. m. to 3.00 a. m. the following morning

i.e. the change being to return to 2.00 a. m. on Thursday nights and increase Sunday nights to 3.00 a. m.

1.13 The hours in relation to the ground floor will remain unaltered.

1.14 Members are advised that Filthy McNastys is also licensed to provide outdoor entertainment, in the area known as the Secret Garden, which has a maximum capacity of 240 persons.

1.15 The days and hours during which this area is licensed to provide entertainment is:-

Monday to Saturday: 11:30 a. m. to 1:00 a. m.

Sunday: 12:30 p. m. to 12:00 midnight

1.16 Representations have been received as a result of the public notices of the application.

2 Key Issues

2.1 Reasons for the variation

The licensee has stated that the variation to extend the permitted hours is required for the following reasons:

Licensing Committee , F Wednesday, 19th June, 2013 490

1. The 3.00 a. m. extension, if agreed, would allow them to open the Gypsy Lounge on a Sunday night, compete with others similar venues in the area and increase revenue

2. Filthy McNastys has helped towards bringing the Dublin Road back to what it once was but they need to be able to compete on a level playing field to have any chance of doing this.

3. Since the start of the flag protests in December 2012 business has been difficult especially along the Dublin Road as Shaftsbury Square became a flash point area.

4. Even now, 4 months later, custom has still not returned to what it was and as a business they need to think of ways of increasing turnover so that they can try and recoup some of their losses over this period.

5. At the Committee meeting on 20th February 2013, they mistakenly stated that they would be happy to settle for a 3.00 a. m. extension on Thursday, Friday and Saturday nights only.

6. Opening Sunday nights at The Gypsy Lounge is an integral part of their business plan and they can only hope that their mistake at the original Committee meeting will not count against them.

2.2 A copy of an email from the applicant outlining the reasons for making the variation application has been forwarded to the Committee.

2.3 Objections

To date, a total of 13 objections have been received against the application.

2.4 A letter of objection has been lodged from a resident of the nearby Shaftesbury Court apartments on Marcus Ward Street. The letter contains 11 names of residents of the apartment block. One of the residents noted on the letter did not reply. The remaining 10 residents confirmed that they gave permission for their inclusion in the letter, of which 6 signed the letter, including their main representative and 4 were received by email.

Licensing Committee , F Wednesday, 19th June, 2013 491

2.5 In addition to this, 3 e-mails were received from other residents confirming their support for the objection letter.

2.6 The objection primarily relates to the concern that residents are already disturbed on Thursday, Friday and Saturday nights until 2.00am and an extra hour for these 3 nights is more bearable than losing their quietest night of the week, i.e. Sunday night when there is barely any noise disturbance to residents.

2.7 A copy of the letter of objection has been forwarded to Members and the applicant has also been advised of the nature of the objections.

2.8 A deputation representing the objectors has been invited to attend your meeting so that you may hear their representations relating to the application.

2.9 PSNI

The Police Service of Northern Ireland has been consulted and has no objection to the application. They have been made aware of the nature of the objections and a copy of their response letter is appended to this report for your information.

Health, safety and welfare inspections

2.10 Since May 2012, a total of 5 during performance inspections have been carried out in the premises by Officers from the Building Control Service regarding the provision of both outdoor and indoor entertainment. Each inspection revealed that the conditions of licence were being adhered to and that the management of the premises was satisfactory.

Noise issues

2.11 The Environmental Protection Unit (EPU) has confirmed that, within the past 12 months, they have received 2 complaints from residents of Shaftesbury Court, Marcus Ward Street relating to the Outdoor Entertainments Licence at the premise. However, there have been no complaints received in relation to the indoor Entertainments Licence.

2.12 The Night Time Noise Team met with Ray Gaston from FR Mark and Associates at 00:05 hrs on Sunday night/Monday morning on the 2 nd /3 rd June 2013 to undertake the noise assessment at Filthy McNastys. The sound system was turned on inside the Gypsy Lounge at 01:00 hrs and measurements with music playing were undertaken in both Filthy McNastys and Apartment 10, Shaftesbury Court Apartments.

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2.13 In the officers subjective opinion, the level of noise witnessed during the sound test (95dB in the Gypsy Lounge) would not cause sleep disturbance to anyone using the apartment as the music was very faint between traffic noise with the window open and inaudible with the window closed.

2.14 The Night Time Noise Team findings of the noise assessment are appended to this report for your information along with the acoustic report by Rey Gaston from FR Mark and Associates.

Licensee

2.15 The applicant and/or his representatives will be available to discuss any matters relating to the variation of the licence should they arise during your meeting.

3 Resource Implications

3.1 Financial None.

3.2 Human Resources None

3.3 Asset and Other Implications None.

4 Equality and Good Relations Considerations

4.1 There are no relevant equality or good relations issues.

5 Recommendations

5.1 Taking into account the information presented and the representations received you are required to consider the application for the variation of this licence and to:-

1. approve the variation application to amend the hours during which entertainment may be provided on the first floor on Sunday to 3:00 a m the following morning and on Thursday to 2.00 a m the following morning, or Licensing Committee , F Wednesday, 19th June, 2013 493

2. approve the variation application with special conditions; in addition to the standard conditions, or

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

5.2 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 County Court. Should you refuse to vary the licence as requested, and the applicant decides to appeal, the licence will continue with its present conditions until the Appeal is determined.”

The Committee was advised that Ms. F. Nicol, representing the objectors to the application, was in attendance and she was admitted to the meeting.

Ms. Nicol informed the Members that she represented eleven of the twenty occupants of the Shaftesbury Court apartments on Marcus Ward Street, which faced Filthy McNasty’s. She highlighted the difficulties which were faced by those occupants in terms of noise from that premises and made the point that they were opposed to the current Entertainments Licence being varied to permit entertainment, primarily in the form of live music, to take place till 3.00 a.m. on a Sunday night, as that night provided them with a respite from the disturbance which they experienced on other nights of the week.

She voiced concern at the assertion which had been made that none of the surveys which had been conducted within the Shaftesbury Court apartments had identified issues with noise emanating from Filthy McNasty’s. Residents were of the view that noise levels were increasing steadily and, over the summer months, many of them were unable to open their balcony doors due to noise. She explained that many of the taxi and fast food businesses on the Dublin Road ceased trading at an earlier hour on a Sunday night and expressed the view that, should Filthy McNasty’s be permitted to operate till 3.00 a.m., it would not only generate additional noise from patrons but would provide those businesses with an excuse to remain open to a later time.

Ms. Nicol reported that she had met, on behalf of the residents of the apartments, on 23 rd January with the operators of Filthy McNasty’s to discuss issues relating to that premises and expressed her disappointment that, at no time during that meeting, had they made her aware of their intention to expand their operating hours to include a Sunday night. She concluded by requesting the Committee to respect the rights of those residents living in close proximity to Filthy McNasty’s and to restrict the hours of entertainment to those which had been agreed previously.

The Chairman thanked Ms. Nicol for being in attendance and she retired from the meeting. Licensing Committee , F Wednesday, 19th June, 2013 494

The Environmental Health Manager informed the Committee that, subsequent to its meeting on 10 th April, the Council’s Night Time Noise Team had, in the early hours of Monday, 3 rd June, undertaken, in conjunction with the applicant’s noise consultant, a noise assessment of Filthy McNasty’s. The applicant had arranged for music to be played within the Gypsy Lounge and readings had been taken both within the premises and an apartment in the Shaftesbury Court complex. Those had determined that there had been only a minimum level of noise breakout and that that would be unlikely to cause sleep disturbance. He added that more noise was being generated by traffic and, since the premises were not operating, no measurement of disturbance from patron dispersal could be obtained.

Mr. P. Langsford, the applicant, together with Ms. K. Mairs, his legal representative, were admitted to the meeting and advised of the objections relating to the application.

Mr. Langsford informed the Members that licensed premises, like other businesses across the City, were operating currently under challenging economic conditions. He explained that Filthy McNasty’s employed around forty staff at present and that, in order to secure those jobs and move the business forward, he was continually having to identify new ways of generating income. To that end, he had applied initially to vary the Entertainments Licence to enable him to provide entertainment on each night of the week till 3.00 a.m., although it had been envisaged that, in the first instance, it would be required only from Thursday through to Sunday nights. However, at the Committee meeting on 20th February, his colleague, who had no experience of such meetings had, inadvertently, indicated that he would be agreeable to the operating hours being extended till 3.00 a.m. on Thursday, Friday and Saturday nights only. The Committee had granted the variation of the Entertainments Licence on that basis.

He reported that he was now seeking to vary the Licence to enable the Gypsy Lounge to operate till 3.00 a.m. on a Sunday night in order to cater for demand from patrons wishing to avail of entertainment to that time and was willing to close one hour earlier on a Thursday night. He stressed that the operation of the Gypsy Lounge to that time was an integral part of the premises’ business plan and would enable the business to operate on an equal commercial footing with others in the area.

In terms of the objections which had been raised, he advised the Members that, since the Gypsy Lounge had opened in 2012, only one complaint of noise had been received, which had related to another part of the premises. The Council’s Night Time Noise Team had carried out eight inspections of the premises, two of which had related to the Gypsy Lounge. None of those eight inspections had highlighted any issues regarding noise. In addition, he had commissioned consultants to conduct two noise impact assessments of the Lounge. Those had indicated that noise from the premises was inaudible and that street noise was the most prevalent form of noise.

In response to a number of questions from the Members, Mr. Langsford confirmed that he was a keen advocate of the ‘Back in Belfast’ campaign and made the point that the initiative should apply equally to a Sunday night. He outlined the measures which had been put in place at another premises which he operated in the City, namely, El Divino, to address issues such as patron dispersal, including the provision of sufficient taxis. He confirmed that he would be willing to put similar measures in place for Filthy McNasty’s and to work with local residents to address any other concerns. He concluded by stating that, as a goodwill gesture, he would be willing to agree to the hours being sought for the Gypsy Lounge being amended to 2.00 a.m.

Licensing Committee , F Wednesday, 19th June, 2013 495

Mr. Langsford and Ms. Mairs were thanked by the Chairman and they left the meeting.

After discussion, it was

Moved by the Deputy Lord Mayor, Alderman Stalford, Seconded by Councillor Reynolds,

That the Committee agrees, in its capacity as Licensing Authority, to affirm its decision of 20th February to grant a variation of a Seven-day Annual Entertainments Licence for Filthy McNasty’s, 41-45 Dublin Road, on condition that the extension of hours during which entertainment may be provided in the Gypsy Lounge be from 11.30 a.m. till 3.00 a.m. on Thursday, Friday and Saturday nights only.

Amendment

Moved by Councillor O’Neill, Seconded by Councillor Attwood,

That the Committee agrees, in its capacity as Licensing Authority, to grant a variation of a Seven-day Annual Entertainments Licence for Filthy McNasty’s, 41-45 Dublin Road, on condition that the extension of hours during which entertainment may be provided in the Gypsy Lounge be from 11.30 a.m. till 2.00 a.m. on a Thursday night, from 11.30 a.m. till 3.00 a.m. on Fridays and Saturdays nights and from 12.30 p.m. till 2.00 a.m. on a Sunday night, with the arrangement being reviewed as part of the process for the renewal of the Entertainments Licence, which was due to expire in November, 2013.

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

The amendment was thereupon put to the meeting as the substantive motion, with nine Members voting for and seven against and it was accordingly declared carried.

Application for the Renewal and Variation of a Seven-day Annual Outdoor Entertainments Licence – King’s Hall Complex

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 An application was received on 19th December 2012 from Mr. Colin McDonald for the renewal of a Seven-day Annual Entertainments Licence for the Kings Hall, based on the Council’s standard conditions to provide outdoor musical entertainment. Subsequently, on 30th May 2013, an application was received for the variation of the Licence.

Licensing Committee , F Wednesday, 19th June, 2013 496

Venue and Licence Ref. No . Applicant Kings Hall, Outdoor WK/201201979 Mr Colin R. McDonald Balmoral Showgrounds RUAS, Kings Hall, Lisburn Road, BT9 6GW

1.2 The days and hours during which outdoor musical entertainment is permitted to be provided are: Monday to Sunday: 11.30 a. m. to 11.00 p. m.

1.3 Members may recall that, as a result of objections to the renewal of the licence in 2010, the application was considered by the Licensing Committee on 11th February 2011. After consideration the Committee agreed to grant the Licence with the following special conditions:

I. the licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties.

II. outdoor dance music, rave type events are prohibited

III. any outdoor event is limited to a maximum five hour duration and must end by 11.00 p m.

IV. the maximum number of outdoor events per annum is limited to twelve.

1.4 Occupancy figures are determined and agreed by the Building Control Service depending on individual concert set-up arrangements. Generally the outdoor events held previously have catered for between 25,000 and 30,000 people.

Nature of variation now under consideration

1.5 The nature of the variation applied for is to extend the permitted hours during which entertainment may be provided from 11.00 p. m. to 11.30 p. m. on 20th July 2013 only.

1.6 The applicant has confirmed that the reason for this variation is to facilitate the forthcoming Bruce Springsteen concert. The promoter has advised that, whilst they fully intend to finish the concert by 11.00 p. m., there have been previous occasions when Springsteen concerts ran beyond the designated time due to the artist wanting to provide full value for money for the audience. Licensing Committee , F Wednesday, 19th June, 2013 497

1.7 The variation is merely precautionary for this particular event to avoid any potential breach of the Entertainment Licence conditions should the event run beyond the standard time.

2.0 Key Issues

2.1 Members are reminded that the normal process for dealing with Entertainments Licence renewal applications which are not the subject of objections, is that the Director of Health and Environmental Services will grant the licence as provided for in the Council’s Scheme of Delegation. However, at your meeting on 21st November, 2012, you agreed that all future applications for outdoor entertainment which relate to major events be brought before Committee for your consideration.

2.2 Bruce Springsteen

The Bruce Springsteen concert is planned to take place on Saturday 20th July and the promoter for the event is Aiken Promotions.

2.3 27,000 tickets have been made available for the event with entertainment planned to commence at 7.30 p.m. and finish at approximately 11.00 p. m.

2.4 The promoter has extensive experience of organising outdoor events and has organised many other events at this location such as Pink and JLS.

2.5 Representations

To date, no written representation has been lodged as a result of the public notices of the applications. The 28-day statutory objection period for the renewal application has expired; however, the 28 day statutory objection period will not expire until 27th June in relation to the variation application.

2.6 In the event of an objection being received to the variation application the Service will inform the Committee through the usual procedures however, given the timing of the application, it will not be possible to consider those objections and make a decision in relation to the variation until after the Springsteen concert has taken place. This means that any decision to grant the variation must be subject to no objections being received. If objections are received, the entertainment will cease at 11.00 p.m. Licensing Committee , F Wednesday, 19th June, 2013 498

2.7 PSNI

The PSNI has been consulted about the application for the renewal of the licence and have advised that as the promoter for the event is very reputable, experienced in their field and to date have included police in all of their planning meetings they have no concerns at this stage.

2.8 As with all such events, a series of detailed planning meetings will be held, some of which have begun, to look at traffic management, transport and any wider operational policing issues.

2.9 Further information from the PSNI will be available at your meeting in respect of the variation application.

2.10 NIFRS

The Northern Ireland Fire and Rescue Service, as with other agencies, will be invited to a pre-event meeting and provided with all relevant documentation in advance of this and any other proposed concert.

2.11 Health, safety and welfare issues

Officers of the Service have been extensively involved with outdoor events held at the venue and also run by the promoter at other venues. We have experienced no difficulties with either the licensee or event organiser when carrying out during performance inspections and noted no incidents of significance relating to the health, safety or welfare at the events.

2.12 Noise Issues

Environmental Protection Unit (EPU) is supportive of all events aimed at improving the attractiveness and diversity of the City. It is committed to working with licensees to ensure these events are successful and to achieve a balance between the rights of residents, the event, the promotion of the city and the wider benefits to the local economy. Licensing Committee , F Wednesday, 19th June, 2013 499

2.13 EPU has reviewed a report submitted by the acoustic consultant on behalf of Aitken Promotions. The acoustic report identifies a noise limit to be met at noise sensitive premises in the area. The identified limit is in line with the Code of Practice on Environmental Noise Control at Outdoor Concerts.

2.14 The acoustic report states that the organiser will endeavour to meet the agreed noise limit and advises that a sophisticated sound system will be used at the event which will be capable of ensuring the guideline limit is achieved. However, it will not be possible to verify this until the sound test is carried out once the event has been set up.

2.15 Members should also recognise that noise generated by large scale outdoor concerts is likely to lead to some level of disturbance for local residents. Even if guideline levels are met there is no guarantee that complaints will not be received. Conversely, if a recommended level is exceeded this may not necessarily lead to complaints as people may be prepared to tolerate the event because it will only last for a limited period of time.

2.16 It is, therefore, important that all reasonable steps are taken to raise awareness about an event in advance of it taking place and also to have a robust mechanism in place to deal with complaints should they arise. These measures also form a vital part of the noise management plan being developed for this event.

2.17 The promoter has confirmed that the company will be undertaking awareness raising measures in the coming weeks, which will be primarily targeted at those living in the immediate vicinity of the venue, along with wider publicity for the event, given that the noise from larger concerts may be heard up to 15 miles away depending on the weather conditions on the night.

2.18 It is therefore suggested that if Members are minded to grant this application that you consider amending the existing special condition outlined in paragraph 1.3 (I) such that it reads as follows:

• the Licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The plan shall be agreed to the satisfaction of the Council and failure to comply with the requirements set down in it shall be considered to be a breach of the licence conditions. Licensing Committee , F Wednesday, 19th June, 2013 500

2.19 The EPU has also been consulted in relation to the applicant’s request to vary the condition of the King’s Hall Outdoor Licence for the event to finish after 11.00 p m on 20th July, 2013.

2.20 It is the experience of the EPU that there is an increased likelihood of noise complaints after 11.00 p. m. Given the noise levels that are expected throughout the duration of the event, should noise complaints be received after 11.00 p. m., noise officers will investigate and take action under the Noise Act, if appropriate.

2.21 An officer from The Environmental Protection Unit will be available at your meeting to advise on any concerns regarding the proposed event and any potential noise impact it may have on nearby residents.

2.22 Representatives of the applicant will be available at the meeting should you wish to seek further information on their proposals.

3.0 Resource Implications

3.1 Financial

Officers will be required to carry out inspections at both events but this is catered for within existing budgets.

3.2 Human Resources

None.

3.3 Asset and Other Implications

None.

4.0 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues.

Licensing Committee , F Wednesday, 19th June, 2013 501

5.0 Recommendations

5.1 Taking into account the information presented and any representations made in respect of the applications you are required to make a decision to either:

1. approve the application for the renewal of a 7-day annual outdoor licence, or

2. approve the application with special conditions as set out in paragraph 2.18 of this report, or

3. refuse the application for the renewal of the licence.

5.2 Additionally you may also either :

4. approve the application for the variation of the licence to extend the permitted hours during which entertainment may be provided from 11.00 p. m. to 11.30pm subject to no objections being received in relation to the application within the statutory 28-day period, or

5. approve the application with special conditions subject to no objections being received in relation to the application within the statutory 28 day period, or

6. refuse the application for the variation of the licence.

5.3 If an 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 County Court. In the case that you refuse to renew the licence or refuse to grant the variation and the applicant subsequently decides to appeal entertainment may be provided in accordance with the terms of the current licence until any such appeal is determined.”

After discussion, the Committee agreed, in its capacity as Licensing Authority, to grant a renewal of a Seven-day Annual Outdoor Entertainments Licence in respect of the King’s Hall Complex, subject to the amendment of the special condition on the current Licence, as set out within point 1 of paragraph 1.3 of the report, to reflect that:

• the licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and must demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The noise management plan must be agreed to the satisfaction of Council officers and any failure to comply with the requirements set out therein shall be considered to be a breach of the licensing conditions.

Licensing Committee , F Wednesday, 19th June, 2013 502

The Committee agreed also that, should no written representations relating to the application for the variation of the Licence be received within the twenty-eight day statutory period, entertainment shall be permitted till 11.30 p.m. on Saturday, 20th July, 2013 only. However, should objections be received within that timeframe, a special meeting of the Committee would be required to take place on Friday, 28th June, at a time to be determined, in order to consider the matter and the objectors, the applicant and/or their representatives, would be invited to attend.

Application for the Renewal of a Seven-day Annual Outdoor Entertainments Licence – Boucher Road Playing Fields

The Committee considered the undernoted report:

“1.0 Relevant Background Information

1.1 An application was received on 23rd May, 2013 from the Council’s Parks and Leisure Department for the renewal of a Seven-day Annual Outdoor Entertainments Licence for the Playing Fields on the Boucher Road.

Venue and Licence Ref. No. Applicant Bouncher Rd Playing WK/201300839 Fiona Holdworth Fields – Outdoor Parks and Leisure Department

1.2 The days and hours during which outdoor musical entertainment is permitted to be provided are:

• Monday to Sunday: 11.30 a. m. to 11.00 p. m.

1.3 In addition, there are special conditions attached to the licence which:

1. enables a maximum occupancy figure to be set by the Building Control Service depending upon individual concert set up proposals, and

2. requires a promoter to demonstrate evidence of early consultation with local residents and have in place a robust system of dealing with any complaints, and

3. allows the licensee to apply for additional hours, later than 11.00pm, which may or may not be granted by Committee dependent upon any noise issues which may have arisen from previous events.

1.4 Last year, Tennents Vital took place on Wednesday 21st and Thursday 22nd August and featured world class acts such as The Stone Roses, the Foo Fighters and Florence and the Machine.

Licensing Committee , F Wednesday, 19th June, 2013 503

1.5 Whilst the event brought significant economic benefits and added vibrancy to the City it was also subject to a considerable number of noise complaints from across Belfast.

1.6 Following that, a comprehensive review was undertaken by Officers of the Council in conjunction with the promoter (MCD Promotions) to identify areas for improvement for future events.

2.0 Key Issues

2.1 Members are reminded that the normal process for dealing with Entertainments Licence renewal applications which are not the subject of objections, is that the Director of Health and Environmental Services will grant the licence as provided for in the Council’s Scheme of Delegation. However, at your meeting on 21 November 2012, you agreed that all future applications for outdoor entertainment which relate to major events be brought before Committee for your consideration.

2.2 Members may also be aware that the Parks and Leisure Committee have already been informed of this year’s event and, at their meeting on 6th December 2012, agreed for MCD to hold up to three concerts at the venue subject to the event organisers meeting all statutory requirements including entertainment licensing.

2.3 Tennents Vital 2013

For this year’s event, the Kings of Leon will perform on Wednesday 14th August and on Thursday 15th August the headline act will be Snow Patrol. On Friday 16th August the headline act will be Avicii. All headline acts will be supported by a number of other acts which are yet to be confirmed.

2.4 45,000 tickets have been made available for sale on each night with gates scheduled to be opened at 4.30 p m with entertainment planned to commence soon after and finish by 11.00pm. Licensing Committee , F Wednesday, 19th June, 2013 504

2.5 The promoter has extensive experience of organising outdoor events including previous Tennents Vital Concerts at Botanic Gardens and Ormeau Park.

2.6 Representations

To date no written representation has been lodged as a result of the public notices of the application. However, the 28-day statutory objection period will not expire until 20th June, 2013.

2.7 In the event of an objection being received to the renewal application the Service will inform the Committee through the usual procedures however, given the timing of the application, it will not be possible to consider any objections before Tennents Vital takes place.

2.8 The current Entertainments Licence is not due to expire until 30th June 2013 therefore, since the renewal application was made prior to the expiry of the current licence, the previous licence can subsist, which permits entertainment to still take place at the venue.

2.9 PSNI

The PSNI has been consulted about the application for the renewal of the Entertainments Licence and have advised that as the promoter for the event is very reputable, experienced in their field and to date have included police in all of their planning meetings, the PSNI have no concerns at this stage.

2.10 As with all such events, a series of detailed planning meetings will be held, some of which have begun, to look at traffic management, transport and any wider operational policing issues.

2.11 NIFRS

The Northern Ireland Fire and Rescue Service, as with other agencies, will be invited to a pre-event meeting and provided with all relevant documentation in advance of any proposed concert.

2.12 Health, Safety and Welfare Issues

Officers of the Service were closely involved with the planning, running and subsequent review of the outdoor events held at the venue last year. We have experienced no difficulties in working with the event organiser and when carrying out during performance inspections have noted no incidents of significance relating to the health, safety or welfare at the events. Licensing Committee , F Wednesday, 19th June, 2013 505

2.13 Noise Issues

The Environmental Protection Unit (EPU) has been consulted in relation to the application and the proposals for this year’s Tennents Vital event.

2.14 The Unit is supportive of all events aimed at improving the attractiveness and diversity of the City and are committed to working with licensees to ensure these events are successful and achieve a balance between the rights of residents, the event, the promotion of the city and the wider benefits to the local economy.

2.15 EPU has reviewed a report submitted by an acoustic consultant on behalf of MCD Promotions. The acoustic report identifies a noise limit of 75dB(A) to be met at noise sensitive premises in the area. This limit is not in accordance with the limit recommended for a venue of this type in the Code of Practice on Environmental Noise Control from Outdoor Concerts. The Code recommends a limit of 65dB(A) at noise sensitive locations for urban parks/other urban arena.

2.16 However, it is the case that the Code of Practice on Environmental Noise Control from Outdoor Concerts is a guidance document and compliance with it is not a legal requirement.

2.17 Members are reminded that, last year, the Council received 231 complaints following the event which took place on 21st and 22nd August 2012. This year, it is proposed that the event will occur over three consecutive days and the third night will be a ‘dance music’ act. As such there are concerns that the proposals this year also have the potential to give rise to a large number of complaints being received.

2.18 Council Officers are conscious of the need to balance the noise levels within the venue and levels of noise experienced at nearby locations. We are in ongoing discussions with the promoter to determine what levels will achieve this.

2.19 Members should also recognise that noise generated by large scale outdoor concerts is likely to lead to some level of disturbance for local residents. Even if guideline levels are met there is no guarantee that complaints will not be received. Conversely, in some situations if a recommended level is exceeded this may not necessarily lead to complaints as people may be prepared to tolerate the event because it will only last for very limited period of time. However, the number of complaints received last year would indicate that this may not be the case. Licensing Committee , F Wednesday, 19th June, 2013 506

2.20 Apart from the acoustic report it is therefore important that all reasonable steps are taken to raise awareness about the event in advance of it taking place and also to have a robust mechanism in place to deal with complaints should they arise. These measures also form a vital part of the noise management plan and are being developed for this event.

2.21 The promoter will be undertaking awareness raising measures in the coming weeks which will be primarily targeted at those living in the immediate vicinity of the venue however wider publicity for the event is also planned given that the noise from larger concerts may be heard up to 15 miles away depending on the weather conditions on the night.

2.22 Details of all noise control proposals will be agreed and included in a noise management plan to be provided which is specific to each individual event proposed.

2.23 It is therefore suggested that if Members are minded to grant this application that you consider replacing the existing special condition outlined in paragraph 1.3 (2) with the following:

• the Licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan to demonstrate evidence of early consultation with local residents and have in place a robust system of dealing with any complaints. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The plan shall be agreed to the satisfaction of the Council and failure to comply with the requirements set down in it shall be considered to be a breach of the licence conditions.

2.24 An officer from EPU will be available at your meeting to advise on any concerns regarding the proposed event and any potential noise impact it may have on nearby residents. Licensing Committee , F Wednesday, 19th June, 2013 507

2.25 Representatives of the applicant will be available at the meeting should you wish to seek further information on their proposals.

3.0 Resource Implications

3.1 Financial

Officers will be required to carry out inspections at both events but this is catered for within existing budgets.

3.2 Human Resources

None

3.3 Asset and Other Implications

None

4.0 Equality and Good Relations Considerations

4.1 There are no equality or good relations issues.

5.0 Recommendations

5.1 Taking into account the information presented and any representations made in respect of the application you may wish to make a decision, on the proviso that no objections are received in relation to the application within the statutory 28 day period, to either:

1. approve the application for the renewal of a 7-day Annual Outdoor Entertainments Licence, or

2. approve the application for the renewal with special conditions as set out in paragraph 2.23, or

3. refuse the application for the renewal of the Entertainments Licence.

5.2 If an 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 County Court. In the case that the applicant subsequently decides to appeal outdoor entertainment may still be provided until any such appeal is determined.” Licensing Committee , F Wednesday, 19th June, 2013 508

After discussion, the Committee agreed, in its capacity as Licensing Authority, should no written representations in respect of the application be received within the twenty-eight day statutory period, to grant a renewal of a Seven-day Annual Outdoor Entertainments Licence in respect of the Boucher Road Playing Fields, subject to the amendment of the special condition on the current Licence, as set out within point 2 of paragraph 1.3 of the report, to reflect that:

• the licensee is required, at least one month in advance of any event, to submit a suitable noise assessment and noise management plan. The noise assessment must be completed by a suitably qualified and experienced noise control consultant and must demonstrate that noise from the event will not cause unreasonable disturbance to nearby residential properties. The noise management plan must be agreed to the satisfaction of Council officers and any failure to comply with the requirements set out therein shall be considered to be a breach of the licensing conditions.

Applications for Outdoor Entertainments Licences

Arising from discussion on the foregoing items, the Committee agreed that an appropriate policy be formulated to deal with applications for Outdoor Entertainments Licences for venues within the City.

Competing Applications for a Stationary Street Trading Licence – Apollo Road

The Committee was advised that competing applications had been received from two persons seeking to trade from a vacant designated site in Apollo Road. The Director of Health and Environmental Services reported that both of the applicants had been in attendance in order to brief the Committee on their applications. However, due to the length of time taken to deal with the preceding items on the agenda, one of them had had to leave in order to fulfil other commitments.

Accordingly, the Committee agreed to defer consideration of the applications until a future meeting.

Chairman