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FERMANAGH DISTRICT by J4nqtLd

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									FERMANAGH DISTRICT                      COMHAIRLE
COUNCIL                                 CHEANTAIR FHEAR MANACH

ENVIRONMENTAL HEALTH                    COISTE SLÁINTE
COMMITTEE                               TIMPEALLACHTA

Minutes of the meeting of the Environmental Health Committee held in the
Council Chamber, Townhall, Enniskillen, on Thursday, 14th October 2010 at
7.30 pm.

PRESENT:              Councillors Patricia Rogers (Chairman), Alison
                      Brimstone, Raymond Farrell, Gerry Gallagher,
                      Robert Irvine, Brian McCaffrey, Fergus McQuillan
                      and Paul Robinson

APOLOGIES:             Councillors Cyril Brownlee, Ruth Lynch and
                       Breege McSorley

IN ATTENDANCE:         Director of Building Control, Director of
                       Environmental Health and Committee Clerk


E105/10 MINUTES

           The minutes of the meeting of 9th September 2010 were
           approved and signed.

E106/10 MATTERS ARISING

           E97/10(c) Local Government (Miscellaneous
           Provisions) (Northern Ireland) Order 1985
           Application recommended for refusal -
           Derrygonnelly Community Centre

           It was reported that outstanding matters which had been non-
           complaint with Building Regulations, and which impacted on
           the area for which the Entertainment Licence had been applied
           for, had been attended to.

           RESOLVED: That the above application be approved.

E107/10 BUILDING CONTROL REPORT

           (a) Approvals

           The Director of Building Control submitted a Schedule of
           applications under the Building Regulations. The Committee
           confirmed the approval of the applications as submitted:
                        2




F/2010/0165, F/2010/0203, F/2010/0214, F/2010/0239,
F/2010/0342, F/2010/0429, F/2010/0502, F/2010/0507,
F/2010/0515, F/2010/0563, F/2010/0624, F/2010/0632,
F/2010/0639, F/2010/0641, F/2010/0643, F/2010/0650,
F/2010/0655, F/2010/0656, F/2010/0658, F/2010/0659,
F/2010/0669, F/2010/0671, F/2010/0676, F/2010/0678,
F/2010/0679, F/2010/0692, F/2010/0706, F/2010/0715,
F/2010/0719, F/2010/0721, F/2010/0724, F/2010/0730,
F/2010/0731, F/2010/0732, F/2010/0733, F/2010/0734,
F/2010/0736, F/2010/0738, F/2010/0740, F/2010/0744,
F/2010/0749, F/2010/0752, F/2010/0753, F/2010/0757,
F/2010/0758, F/2010/0761, F/2010/0766, F/2010/0768,
F/2010/0769, F/2010/0770, F/2010/0772, F/2010/0775,
F/2010/0777, F/2010/0778, F/2010/0780, F/2010/0781,
F/2010/0784, F/2010/0790, F/2010/0794, F/2010/0798,
F/2010/0800, F/2010/0806, F/2010/0841, N/2010/0765,
N/2010/0771, N/2010/0773, N/2010/0774, N/2010/0779,
N/2010/0789, N/2010/0799, N/2010/0802, N/2010/0804,
N/2010/0810, N/2010/0811, N/2010/0820, N/2010/0821,
N/2010/0822, N/2010/0823, N/2010/0845, NF/2002/0719,
NF/2006/0109, NF/2010/0280, NF/2010/0379, NF/2010/0445,
NF/2010/0660, R/2010/0021, R/2010/0347, R/2010/0440,
R/2010/0608 and R/2010/0750.

(b) Cancellations

The Committee noted that the following applications had been
cancelled:

N/2007/0364, N/2007/0366, N/2007/0376, N/2007/0377,
N/2007/0378, N/2007/0379, N/2007/0582, N/2007/0677,
N/2007/0764 and N/2007/0784.

(c) Rejected Applications

The Committee noted that the following applications had been
rejected:

F/2010/0345, F/2010/0441, F/2010/0551, F/2010/0592,
F/2010/0598, F/2010/0600, F/2010/0614, F/2010/0620,
F/2010/0635, F/2010/0662, F/2010/0717, F/2010/0755,
NF/2009/1123, NF/2010/0054, NF/2010/0073, NF/2010/0087,
NF/2010/0357, NF/2010/0377, NF/2010/0433 and
NF/2010/0438.
                                 3




        (d) Unauthorised Developments

        The Committee was informed that details had been requested
        in respect of the following developments on which work had
        commenced, apparently without approval:

        Mr. Stephen Baxter                 Erection of Building
        Imeroo                             at Imeroo, Tempo
        Tempo

        Mr. Darren Leonard                 Extension to Dwelling
        Crawfords Hill                     at Crawfords Hill,
        Springfield                        Springfield

        Mr. Stephen Corrigan               Alterations to Building
        M & S Tyres (Sub-Unit)             at Cornagrade Road,
        Cornagrade Road,                   Enniskillen
        Enniskillen

        Mr. Tom McGowan                    Alterations to Premises
        16A Upper Drumcose                 16A Upper Drumcose,
        Enniskillen                        Enniskillen

        RECOMMENDED: That legal proceedings, as provided for in
        Article 21(1) and (2) of the Building Regulations (NI) Order
        1979, be instituted by the Council.

E108/10 BUILDING CONTROL SOFTWARE

        It was reported that the Council at its meeting on 1st March
        2010 had approved a joint tender from Tascomi Limited, The
        Chimes, 3 Ballynahinch Street, Hillsborough for the supply,
        installation and commissioning of Building Control Software on
        behalf of Fermanagh and Omagh District Councils. Land and
        Property Services (LPS) had offered funding and the cost to the
        Council was £16,025.

        The Director of Building Control reported that due to
        circumstances outside Fermanagh District Council’s control the
        application for LPS funding had not been approved and it was
        noted that in the absence of LPS grant the revised cost to the
        Council would be £22,900.

        RECOMMENDED: That in the absence of LPS funding, a
        revised cost of £22,900 for Building Control Software be
        approved.
                                 4




E109/10 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS)
        (NORTHERN IRELAND) ORDER 1985

        Entertainment Licences

        (a) Approvals

        It was agreed that the following applications for Entertainment
        Licence be approved:

        Applicant         Premises           Days and Hours

        M. Hurst          Aghavea Hall,      Monday to Saturday
                          Brookeborough      11.30 am to 1.30 am
                                             Sunday 11.30 am to
                                             12.30 am

        J. Palmer         Ballinamallard     Monday to Saturday
                          Football Club      11.30 am to 1.30 am
                          Clubhouse          Sunday 12.30 pm to
                                             12.30 am

        G. Dooris         Cornerstone Bar, Monday to Saturday
                          Enniskillen      11.30 am to 1.30 am
                                           Sunday 12.30 pm to
                                           12.30 am

        M. Law &          Glencar Bar,       Monday to Saturday
        E. Hoey           Lisbellaw          11.00 am to 1.00 am
                                             Sunday 12.30 pm to
                                             12.30 am

        L. Roche          Roche’s Bar,       Monday to Saturday
                          Kinawley           11.30 am to 1.30 am
                                             Sunday 12.30 pm to
                                             12.30 am

        O. Wilkinson      Share Centre,      Monday to Saturday
                          Lisnaskea          9.00 am to 1.30 am
                                             Sunday 12.00 pm to
                                             12.30 am

        Rev. M. King      St. Mary’s Hall,   Monday to Saturday
                          Newtownbutler      11.30 am to 1.30 am
                                             Sunday 12.30 pm to
                                             12.30 am
                         5




F. Mohan          Village Inn,      Monday to Saturday
                  Roslea            11.30 am to 1.30 am
                                    Sunday 12.30 pm to
                                    12.30 am

C. Hunter         Woodhill          Monday to Saturday
                  Hunting Lodge,    11.00 am to 1.30 am
                  Irvinestown       Sunday 12.00 pm to
                                    12.00 am

L. McLaughlin     Marquee at        Sunday 01/08/2010
                  GAA Grounds,      12.30 pm to 12.30 am
                  Ederney           Monday to Saturday
                                    02/08/2010 to 07/08/2010
                                    11.30 am to 1.30 am

T. Curry          Marquee at        Friday 30/07/2010
                  GFC Grounds,      3.00 pm to 1.30 am
                  Derrylin          Saturday to Sunday
                                    31/07/2010 to 01/08/2010
                                    2.00 pm to 12.30 am

(b) Approval with Restricted Hours

It was agreed that the following applications be approved with
hours restricted in accordance with Council policy, i.e. latest
hour 1.30 am Monday to Saturday, 12.30 am Sunday
night/Monday morning:

Applicant         Premises          Days and Hours
                                    Applied For

J. McCague        Roslea Arms,      Monday to Sunday
                  Roslea            11.30 am to 1.30 am

M. Duffy          St. Michael’s      Monday to Sunday
                  College,          10.00 am to 1.30 am
                  Enniskillen

P. Mahon          Lady of the       Friday to Sunday
                  Lake Festival,    23/07/2010 to 25/07/2010
                  Irvinestown       12.00 pm to 1.00 am

J. Martin         Marquee at        Wednesday to Sunday
                  GFC Grounds,      25/08/2010 to 29/08/2010
                  Kinawley          2.00 pm to 1.30 am
                                 6




        Sir J. Langham    Tempo Manor,   Monday to Sunday
                          Grounds & Lawn 12.00 pm to 2.00 am

        (c) Applications recommended for refusal

        1. It was reported that the following application had been
        received and was recommended for refusal because of failure
        to submit Certificate of Insurance:

        Applicant               Premises

        M. Sloan                Drumrush Lodge, Kesh

        The Director of Environmental Health reported that since the
        preparation of the report, the Certificate of Insurance had been
        received and it was:

        RESOLVED: That the above application be approved.

        2. It was reported that the following application had been
        received and was recommended for refusal because of non-
        compliance with Building Regulations:

        Applicant               Premises

        D. Begley               Manor House Hotel, Killadeas

        It was reported that since the preparation of the report the
        outstanding matters had been attended to.

        RESOLVED: That the above application be approved.

E110/10 STREET TRADING ACT (NORTHERN IRELAND) 2001

        Belcoo

        It was reported that the following application for Temporary
        Licence had been received and was recommended for
        approval:

        Bernie Stenson, Lattone, Belcoo

        RECOMMENDED: That the above application be approved.
                                 7




E111/10 ENVIRONMENTAL HEALTH REPORT

        (a) Hairdressing Act (Northern Ireland) 1939

        It was reported that an application had been received from the
        following requesting registration:

        Mandy McMenamin in respect of “Unique Styles” at 6 Paget
        Lane, Enniskillen.

        The Committee noted that the above particulars had been
        registered in accordance with the provisions of the above Act.

        (b) Public Health (Ireland) Act 1878

        Repair Grant and Public Health Notices

        The Committee noted that during September 2010 a total of
        three requests for inspection of dwellings with respect to
        matters which constituted a public health nuisance had been
        made to the Environmental Health Department. Three Notices
        had been served requiring the Abatement of Nuisance
        considered prejudicial to health.

        (c) Unauthorised Encampments (NI) Order 2005

        It was reported that Notices had been served as follows
        requesting the occupiers of caravans to vacate lands owned by
        the Council:

        Ten Notices served on occupiers of caravans at Corradillar,
        Lisnaskea, six Notices served on occupiers of caravans at Trory
        Lane, Enniskillen and one Notice served on occupiers of a
        caravan at Fermanagh Lakeland Forum.

        It was noted that all Notices had been subsequently complied
        with.

        (d) Rent (Northern Ireland) Order 1978 as amended by
        the Private Tenancies (Northern Ireland) Order 2006
        (Article 60)

        It was reported that a complaint had been received of an
        alleged unlawful harassment/eviction by a landlord at Church
        Street, Enniskillen.
                           8




Details of the investigation were given to the Committee.

RECOMMENDED: That no further action be taken.

(e) Private Tenancies (Northern Ireland) Order 2006

The Committee noted that following the issue of a Notice of
Refusal of Application for a Certificate of Fitness in respect of
the following property, the landlord had failed to carry out
repairs as required and a Notice of Unfitness had now been
issued in respect of the property:

57 Main Street, Brookeborough

(f) Betting, Gaming, Lotteries and Amusements
(Northern Ireland) Order 1985

Grant of Amusement Permit

It was reported that an application had been received from the
following for Grant of Amusement Permit:

Sharwan Varma in respect of premises at 4 The Market Place,
Main Street, Derrylin

All the relevant conditions had been complied with except
submission of some documentary evidence.

RECOMMENDED: That the application be approved subject to
relevant documentation being received by the next Council
meeting.

(g) Licensing (Northern Ireland) Order 1996

Details of applications under the above Order were reported to
the Committee and were detailed as appended to the minutes.

(h) Dogs (Northern Ireland) Order 1983


£5.00 Licences issued this year to date ………………………               2,904
£2.50 Licences issued this year to date ………………………                 171
Block Licences issued this year to date ………………………                  51
Number of dogs licensed by Block Licence …………………                1,015
Total number of dogs licensed this year to date…………             4,090
Breeding Establishments registered this year to date…              38
Stray dogs collected and humanely destroyed in
September …………………………………………………………………….                               6
                                  9




         Unwanted dogs destroyed at owner’s request in
         September ……………………………………………………………………..                          3
         Stray dogs returned to owners in September ……………..              2
         Attacks on people in September …………………………………..                  1
         Attacks on livestock in September ……………………………….                 4

        Attacks on People

        It was reported that a lady had complained that her daughter
        had been bitten by a dog at Fortview Park, Kesh. The child
        received medical attention. The owner of the dog was
        identified. Statements and a medical report had been
        requested from the complainant.

        RECOMMENDED: That, if appropriate, legal proceedings be
        instituted against the owner of the dog under Article 17(1) of
        the Dogs (Northern Ireland) Order 1983 for no dog licence and
        Article 29(1) of the Dogs (Northern Ireland) Order 1983 as
        amended by Article 4(3) of the Dangerous Dogs Order for a
        dog attacking a person.

        Details of the attacks on livestock were given to the
        Committee.

E112/10 CONSULTATION PAPER: TOBACCO CONTROL
        REGULATIONS TO BAN DISPLAYS OF TOBACCO AT POINT
        OF SALE AND TO PROHIBIT SALES OF TOBACCO
        PRODUCTS FROM VENDING MACHINES

        The Committee received details of the above Consultation
        Paper which covered tobacco displays, tobacco product price
        displays, advertising and display of tobacco products in
        specialist tobacconists and prohibiting sales of tobacco
        products from vending machines.

        The Committee agreed that these proposals should be
        welcomed.

        Arising from the above, the Director of Environmental Health
        informed the Committee that the Department of Health that
        funded the Tobacco Control Officers posts had requested that
        more test purchasing exercises should be carried out. A test
        purchasing exercise would be carried out in County Fermanagh
        in the near future.
                                  10




E113/10 NORTHERN IRELAND HOUSING EXECUTIVE – PRIVATE
        SECTOR IMPROVEMENT SERVICES

        The Committee received details of a review, of the number of
        Private Sector Improvement Service offices and staff, carried
        out by the Northern Ireland Housing Executive.

        The resultant recommendations and how they would affect the
        Fermanagh NIHE Grants Office were outlined to the
        Committee.

E114/10 BONFIRE TASK GROUP

        The Committee received an update on the role of the Bonfire
        Task Group.

        It was reported that the Group comprised of representatives
        from the Northern Ireland Fire and Rescue Service, Roads
        Service, Northern Ireland Housing Executive, Police Service of
        Northern Ireland, Technical Services and Environmental Health
        Departments of the Council.

        Details of the Group’s activities, including those for the
        Halloween period, were given to the Committee.

E115/10 WESTERN GROUP ENVIRONMENTAL HEALTH COMMITTEE

        The Committee noted the minutes of the meeting of the
        Western Group Environmental Health Committee held on 8th
        June 2010.


        RISING: The Committee rose at 8.30 pm.


        All the Members named were present at the commencement of
        the meeting except Councillor Robert Irvine who arrived at
        7.35 pm.

        All the Members named remained present to the end of the
        meeting.
                       11




LICENSING (NORTHERN IRELAND) ORDER 1996

Application for Transfer of Licence (Article 22):

Notice                Premises              Formerly

M. & M. McGovern      Devenish Bar,         D. Burns
                      Enniskillen

Application for Occasional Licence (Article 30):

Notice          Premises              Date and Time

G. Mitten       Old Gate Hall,        1.10.10
                Florencecourt         8 pm to 1 am

G. Deane        Yard at 10 Church     23.10.10
                Street, Irvinestown   6 pm to 1 am

E. Kelly        Fawney Orange Hall,   19.11.10
                Lisnaskea             8 pm to 1.30 am

E. Kelly        Fawney Orange Hall,   22.10.10
                Lisnaskea             8 pm to 1.30 am

								
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