Agenda item

The licensing officer presented their report.  Members had questions for the licensing officer.

The applicants and their legal representative addressed the sub-committee.  Members had questions for the applicants and their legal representative.

The applicant had five minutes for summing up.

The meeting went into closed session at 10.40am.

The meeting resumed at 10.43am and the chair advised the applicant of the decision.

RESOLVED:

That the application made by Dulwich Picture Gallery Limited, for a time limited premises licence (1 September 2017 to 8 October 2017), to be granted under the Licensing Act 2003 in respect of the premises known as Dulwich Picture Gallery, Gallery Road, London SE21 7AD is granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions and conditions derived from the operation schedule highlighted in Section M of the application form.

Reasons

The reasons for the decision are as follows:

The applicant advised that this application was for a new time limited premises licence for the pavilion which was in the grounds of Dulwich Picture Gallery. In April 2017, Southwark’s planning department had granted permission for the pavilion until mid-October 2017, when the structure needs to be removed.  The premises wished to utilise the pavilion’s usage until this time. It had been an oversight that the original time limited application did not extend until 8 October, and this application rectified the position.

The current application mirrors the existing time limited licence and will run from 1September to 8 October 2017.  This application will effectively extend the current licence, but has removed the additional regulated entertainment for live and recorded music and altered the designated premises supervisor.

It was accepted that there had been complaints from local residents about noise nuisance that had occurred on 10 June 2017 but this was with regard to a temporary event notice and the use of a marquee in the meadow.  There had been no complaints of the operation of the licence and in any event, there had been significant consultation with the local residents. 

The licensing sub-committee noted the representations from two local residents who were not in attendance at the meeting, but raised complaints of noise issues with the current time limited licence and who feared that granting this application would extend that nuisance.

The licensing sub-committee were satisfied that the noise complaints were confined to a temporary event notice, not the time limited licence. In any event, two subsequent temporary events had proceeded with no objection notice being served by the environmental protection team, nor did they submit a representation to this application. Since the incident on 10 June and the residents representation of 10 and 11 July 2017, there had been further consultation with the local residents and the premises believed that the concerns raised had been resolved amicably.  This time limited licence would extend the use of the pavilion by a further five weeks and it’s usage would very much be weather dependent.  In the circumstances, it would be appropriate and proportionate to grant this application.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The  licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.