Agenda item

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

Local residents addressed the sub-committee.  Members had questions for the local residents.

The meeting adjourned at 10.54am for the sub-committee to consider its decision.

The meeting reconvened at 12.30pm and the chair advised all parties of the decision.

RESOLVED:

That the application made by Dulwich Picture Gallery Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Dulwich Picture Gallery, Gallery Road, London SE21 7AD be granted.

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, any conditions derived from the operating schedule in Section M of the application form, conditions conciliated with trading standards, environmental protection and licensing as a responsible authority during conciliation and the following conditions imposed by the licensing sub-committee:

i.  See minutes and decision dated 26 March 2019.

3.  Reasons

This was a reconvened hearing in respect of an application for a premises licence for Dulwich Picture Gallery Limited, Gallery Road, London SE21 7AD, a public art gallery with shop, café and gardens. 

This application has lengthy history which received considerable opposition from both residents and responsible authorities.  The application first came before this sub-committee on 22 March and during the course of summing up it became apparent that all parties had not addressed the use of the various structures in the outside area outside areas so adjourned the application to 26 March.  This sub-committee granted the application on this date, with amendments to the hours sought and the imposition of an additional 17 conditions to those conciliated with the responsible authorities.

This licensing sub-committee wish to emphasise that this was an extremely complex application and the application submitted by the applicant was quite unclear and the reasons for the notice of decision approved by all parties is as a result of this. 

After issuing the notice of decision on 5 April 2019, feedback was received from both the applicant and objectors stating that the written decision did not reflect the decision given at the hearing.  Amendments were made, but disagreement continued.  Amended notices of decision were issued on: 16 April 2019, 2 May 2019 and 20 May 2019. Due to the continued disagreement officers recommended that the application be referred back to the licensing sub-committee, so further discussion concerning the decision made on 26 March be debated in a fair and transparent manner. 

The parties identified that the issue in dispute was condition 1 of the decision of 26 March.  The applicant was of the view that the condition should read:

“1.  That there shall be no amplified music in the outside area or in the marquee, with the exception of films until 22:00 hours”.

The objections were of the view that condition 1 should read:

“1.  That there shall be no amplified soundin the outside area or in the marquee, with the exception of films before 22:00hours”.

The licensing sub-committee reviewed its notes and decision from the meeting of 26 March.  In considering both of these documents, it is clear to the members that the decision should actually read:

 “1.  That there shall be no amplified music in the outside area or in the marquee, with the exception of films until 22:00 hours”.

With an additional condition:

“2.  That there shall be no amplified soundin the outside area after 22:00hours”.

During the course of the meeting, “Objector U” stated that the main concern relating to amplified sound before 22:00 was the use of tannoy/public address systems.  To this, the applicant undertook not to use tannoys or other public address systems.

Following this, all parties indicated that they were content with the decision being correct.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

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.