Application for Renewal of Entertainments Licence - Derry City .doc by zhaonedx

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									Report of Town Clerk and Chief Executive –
Environmental Services (Licensing) Committee
- Thursday, 3rd February, 2011.
________________________________________

Matters for Decision.

1.          The Local Government (Miscellaneous Provisions) (Northern
            Ireland) Order 1985 Application for Grant of Entertainments
            Licence.

            The City Secretary and Solicitor has reported to me on the above
            matter as follows:-

            ‘An application has been received for the grant of an entertainments
            licence in respect of the following premises: -

             Premises: The Custom House, Queen’s Quay
             Applicant: Sohan S. Kular Ltd., 10 Baronscourt
             Hours: Mon – Sat 11.30 am – 1.00 am, Sun 12.30 pm – 12.00 am

             There were no objections in response to the public notices advertised in
             connection with the application.

            The application was referred to the Foyle Area Commander, PSNI, who
            has reported no objection to the application.

            The application was also referred to the Fire and Rescue Service
            through Building Control but their report on the suitability of the premises
            is not yet available.

            I would recommend that this application be granted, in principle, but the
            licence not issued until confirmation of the premises suitability and
            occupancy figure have been received.’

2.          The Local Government (Miscellaneous Provisions)
            (Northern Ireland) Order 1985
            Applications for Renewal of Entertainments Licences

            The City Secretary and Solicitor has reported to me on the above
            matter as follows: -

            ‘Applications have been received for the renewal of the entertainments
            licences in respect of the following premises: -

             1. Premises: The Services Club, 125 Spencer Road
                Applicant: John Smyth, 18 Torrens Avenue, Brigade
                Hours: Mon – Sat 11.30 am – 11.30 pm, Sun 12.30 pm – 10.00 pm
                                  2


      2. Premises: The White Horse Hotel, 68 Clooney Road, Campsie
        Applicant: Cromer Enterprises, 68 Clooney Road, Campsie
        Hours: Mon – Sun 11.00 am – 1.00 am

      3. Premises: Great Hall Magee, University of Ulster, Northland Road
         Applicant: Mr Patrick G. Donnelly, University of Ulster, Cromore
         Road, Coleraine
         Hours: Mon – Sun 9.00 am – 1.00 am

     4. Premises: Foyle Arts Centre Magee, University of Ulster,
        Northland Road
        Applicant: Mr Patrick G. Donnelly, University of Ulster, Cromore
        Road, Coleraine
        Hours: Mon – Sun 8.00 am – 1.00 am

     There were no objections in response to the public notices advertised in
     connection with the applications.

     The applications were referred to the Foyle District Commander has
     reported no police objections.

      I would recommend that these applications be granted.’

      I await your decisions.

3.   The Local Government (Miscellaneous Provisions) (Northern
     Ireland) Order 1985.
     Application for Renewal of Entertainments Licence.

     The City Secretary and Solicitor has reported to me on the above
     matter as follows:-

     ‘An application has been received for the renewal of the entertainments
     licence in respect of: -

      Premises: Brigade Cricket Club, Beechgrove, Limavady Road, Derry
      BT47 6JS
      Applicant: Brigade Cricket Club, Beechgrove, Limavady Road, Derry
      BT47 6JS
      Hours: Mon –Sun 11.00 am – 2.00 am

     There were no objections in response to the public notices advertised in
     connection with the application; however, this application represents a
     variation to the existing licence which allows entertainment to be
     provided between 11.00 am and 11.00 pm, Monday to Sunday. Police
     are of the opinion that the Sunday hours should finish no later than 1.00
     am.

     The applicants have been invited to appear before the Committee.
     Having regard to the observations submitted by the Area Commander
                                     3


     and the representations made in response by the Applicant, the
     Committee may: -

     (a)    grant the application;

     (b)    grant the application subject to any terms, conditions or
            restrictions as it may specify; or

     (c)    refuse the application.

     Members are reminded that the considerations in relation to Human
     Rights, outlined in previous cases, apply in this case.

     If the application is refused or if the applicant is aggrieved by any term,
     condition or restriction subject to which the licence is granted, he may
     appeal to the County Court against such refusal or the imposition of
     any such term condition or restriction.'

     I await your decision.

4.   The Local Government (Miscellaneous Provisions) (Northern
     Ireland) Order 1985
     Applications For Renewal and Transfer Of Entertainments
     Licences.

     The City Secretary and Solicitor has reported to me on the above
     matter as follows:-

     ‘An application has been received for the renewal and transfer of the
     entertainments licence in respect of: -

     Premises:          Oval Bar, 94 Duke Street, Waterside, Derry
     New Applicant:     Anne Doherty, 23 Hillview Avenue, Prehen
                        Stephen
                        Doherty, 40 Westlake, Enagh
     Previous Licensee: Stephen Doherty, 40 Westlake, Enagh
     Hours:             ,Mon – Sat 11.30 am – 1.00 am, Sun 12.30 pm –
                        12.00 am

     There were no objections in response to the public notices advertised in
     connection with the application.

     The application was referred to the Foyle District Commander who has
     reported no police objection.

     I would recommend that this application be granted.’

     I await your decision.

5.   The Street Trading Act (NI) 2001.
                             4


Applications For The Renewal of Street Trading Licences.

The City Secretary and Solicitor has reported to me on the above
matter as follows: -

‘Members will recall that the following applications for the Renewal of
Street Trading Licences were deferred from last month’s Meeting as
the applicants had not provided AccessNI Disclosure Certificates –

1. Applicant: Mr Nicholas J Carr, 4 Templetown Park Maydown Derry
   N Ireland BT47 6TZ
   Type of Licence Mobile
   Type of Goods: Ice Cream and confectionery
   Stall: Ice Cream Van GUI7750
   Location Applied for (if stationary):


2. Applicant: Mr Thomas McCaul, 44 Cashel Hill Park Galliagh Derry
   BT48 8LS
   Type of Licence Stationary
   Type of Goods: Sportswear and sports goods.
   Stall: 2 no. Council stalls
   Location Applied for (if stationary): Waterloo Place


3. Applicant: Mrs Suman O'Neill, 17 Erinvale Avenue Kilfennan Derry
   BT47 5HT
   Type of Licence Stationary
   Type of Goods: Drapery
   Stall: 2 no. Council stalls
   Location Applied for (if stationary): Waterloo Place


4. Applicant: Mr Paul Donegan, 62 Ardnamoyle Park Shantallow Derry
   N Ireland BT48 8HR
   Type of Licence Stationary
   Type of Goods: Rugs, Carpets mats
   Stall: 1 no. Council stall
   Location Applied for (if stationary): Waterloo Place


5. Applicant: Mr Shiv Duggal, 2 Riverbridge Drumahoe Derry BT47
   3YH
   Type of Licence Stationary
   Type of Goods: Drapery and costume jewellery
   Stall: 2 no. Council stalls
   Location Applied for (if stationary): Waterloo Place
                                  5


     As the Council is entitled to take into account any previous misconduct
     in relation to trading activities, applicants are required to provide, as a
     minimum, a “Basic Disclosure Certificate”. At the time of writing, all have
     now done so except for applicant 4.

     If Mr. Donegan has not provided a Certificate before the Meeting, I
     would recommend that, with the exception of application 4, these
     applications be granted.

     I would ask the Committee to consider a proposal to refuse that
     application, on the ground that that the applicant has failed to provide
     the particulars required by the Council to deal with the application,
     following which the applicant would be given Notice of the proposal
     setting out the grounds for proposed refusal and offering an opportunity
     to him to make representation, in writing, within a specified period which
     must be not less than 21 days.’

     I await your decisions.

6.   The Street Trading Act (NI) 2001.
     Applications For The Renewal of Street Trading Licences.

     The City Secretary and Solicitor has reported to me on the above
     matter as follows: -

     ‘Applications for the Renewal of Street Trading Licences have been
     received from –


     1. Applicant: Miss Surina Vig, 46 Knightsbridge Waterside Derry N
        Ireland BT47 6FE
        Type of Licence Stationary
        Type of Goods: Drapery, shoes, rugs, toys
        Stall: 1 no. stall, 2.5m x 4m
        Location Applied for (if stationary): Waterloo Place


     2. Applicant: Mr Peter Anthony Smythe, 85 Kylemore Park Derry N.
        Ireland BT48 ORP
        Type of Licence Stationary
        Type of Goods: Jewellery
        Stall: 1 no stall 3 m x 2 m
        Location Applied for (if stationary): Ferryquay Gate, Carlisle Road


     3. Applicant: Mr Robert Alan Simpson, 68 Duncastle Road
        Newbuildings Derry NI BT47 2QL
        Type of Licence Mobile
        Type of Goods: Ice Cream, Soft drinks, Crisps
        Stall: Vehicle CNZ 4349
                                   6


       Location Applied for (if stationary): Not "Applicable"


     4. Applicant: Mrs Mary Cowan, 37 Hatmore Park, Derry BT48 0QR
        Type of Licence Stationary
        Type of Goods: Hot Food
        Stall: 1 no. trailer 3 m x 2m
        Location Applied for (if stationary): Lay-by at Thornhill, Culmore
        Road

     At the time of writing, applicants 1 and 2 have provided AccessNI
     Disclosure Certificates and I would recommend that these applications
     be granted.

     If applicants 3 and 4 have not provided certificates before the Meeting, I
     would recommend that their applications be deferred to next month’s
     Meeting.’

     I await your decisions.

7.   The Street Trading Act (NI) 2001.
     Application For The Grant of a Street Trading Licence.

     The City Secretary and Solicitor has reported to me on the above
     matter as follows: -

     ‘Members will recall that the following application for a street trading
     licence was put before last month’s Meeting of the Committee:-

     Applicant: Mr Garry Lafferty, 53 Creggan Road Derry BT48 9BZ
     Type of Licence Mobile
     Type of Goods: Hot food – burgers, hot dogs, tea, coffee and soft
     drinks
     Stall: vending cart
     Location Applied for: Town centre, train station and parks

     Members will recall that this application was deferred to allow the
     applicant to identify a suitable stationary location and agree to the 9.00
     pm limit on trading times. At the time of writing, no response had been
     received from Mr. Lafferty.

     If he has identified a suitable designated site and accepted the limit on
     trading to 9.00 p.m., I would recommend that this application be
     granted.

     If Mr. Lafferty has not identified a suitable site and agreed to the 9.00
     pm restriction, I would ask the Committee to consider a proposal to
     refuse the application, on the ground that the area or areas of the
     district in which the applicant wishes to trade as a mobile trader are
     unsuitable for the applicant to do so without causing undue interference
                                   7


     or inconvenience to persons or vehicles in the area or areas, following
     which the applicant would be given Notice of the proposal setting out
     the grounds for proposed refusal and offering an opportunity to him to
     make representation, in writing, within a specified period which must be
     not less than 21 days.’

     I await your decision.

8.   The Street Trading Act (NI) 2001.
     Applications For The Grant of Street Trading Licences.

     The City Secretary and Solicitor has reported to me on the above
     matter as follows: -

     ‘Members will recall that the following application for a street trading
     licence was put before last month’s Meeting of the Committee –

     1.     Applicant: Kevin Lynch, 68 The Meadows, Derry
            Type of Licence: Stationary
            Type of Goods: Fruit, vegetables, flowers, coal, blocks.
            Stall: Stall
            Location Applied for (if stationary): Lay-by on Foyle Bridge

     At last month’s Meeting, the Committee was advised that the applicant
     had paid £100 of the £499 outstanding fees and had given an
     undertaking that the remaining monies would be deposited by the end
     of February. At the time of writing, nothing further had been paid, but
     as the applicant has until the end of February to honour his
     undertaking, I would ask the Committee to defer consideration of the
     application until next month’s Meeting.’

     I await your decision.

								
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