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.