Ballymena amusement arcade permit deferral

The Neighbourhoods and Communities Committee backed a recommendation to grant the licence at last month’s meeting but a final decision was postponed by the local authority which met last week at The Braid.

Speaking at the meeting, Braid DUP Alderman William McCaughey asked for the item to be returned to the committee for further consideration.

He said: “I’m sure many of us have dealt with gambling and gaming addicts in our role as councillors and the ramifications for their extended families. My concerns are not against the already existing licence but rather the density of the gambling units on this small street.

“The implications for this town centre becoming a gaming/gambling centre are now very high, and as council, we need to ensure that we do not set precedents for our other town centres in Mid and East Antrim or beyond. ”

Party colleague Ballymena Councillor Lawrie Philpott said: “As a committee member, I would welcome the report being returned back to committee for additional consideration.”

The council’s solicitor told the meeting: “The provision for dealing with this would be under the call-in procedure. I do not believe there is a provision within the standing orders to return a matter to the relevant committee.”

Philip Thompson, the council’s operations director, commented on the proposed density at Bryan Street, saying: “That was a matter for planning and the application for that premises to be converted to a gambling or amusement premises was already dealt with through the planning process and planning committee and that issue around the density of the unit, it should have been brought up at the planning committee.

Specific Issues

“The Neighbourhoods and Communities Committee, when they dealt with this, have to deal with it under the licensing legislation and there are specific issues that we need to understand and deal with it. It is in relation to the applicant – the character, reputation and financial standing of the person.

“The planning permission is in place. The applicant has been running a business for 40 years. There had been no issue with his character, reputation and financial standing and there was no objection from the police, so whenever the council committee was considering that matter on that night, it had to deal with those issues. It couldn’t bring into consideration the density of it. On those grounds, the application was justified.”

The applicant’s existing Twilight Zone premises is located at Bridge Street in Ballymena.

Referring to standing orders, Bannside TUV Cllr Timothy Gaston stated: “I believe this council is quite within its right to return it back to the committee for further consideration.”

Ballymena TUV Cllr Matthew Armstrong pointed out that committee members at the time “weren’t overly content”.

“We had no legal representation at that committee meeting. There was quite a high number of members who abstained on that occasion. I would be supportive of taking another look, where possible, because I think going by the vote, it was far from decisive and far from clear.”

The application was granted following a vote in which 11 councillors were in favour with seven abstentions.

Ald McCaughey stated: “Under the delegated powers that were given to planning, members had no opportunity to actually make any representation with regards to this application. There are other considerations that need to be taken on this issue.”

Larne Lough DUP Ald Paul Reid reiterated the matter had been dealt with through delegated powers and not by the planning committee.

Larne Lough Ulster Unionist Cllr Roy Beggs commented: “It does seem that the issue of density of such premises could well be a real live planning issue. However, once planning permission has been given in this individual case, I would ask the question, how can it be revoked?”

Coast Road DUP Cllr Andrew Clarke said: “I am surprised that we can’t refer something back to committee. That certainly is very standard practice in other councils.”

Loreen Donnan, interim director of corporate services, suggested the item be referred back to the committee for further representation and for officers to look at the whole situation between planning and licensing and defer the matter until next month.

Braid DUP Ald Beth Adger MBE proposed the minutes of the Neighbourhoods and Communities Committee be adopted with the exception of the application, seconded by Braid TUV Cllr Christopher Jamieson.

Michelle Weir, Local Democracy Reporter