Agenda item

The licensing officer presented their report. Members had no questions for the licensing officer.

 

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

 

The licensing sub-committee noted the written representations of the local residents, objecting to the application, who were not present.

 

The applicant was given five minutes for summing up.

 

The meeting adjourned at 2.30pm for the sub-committee to consider its decision.

 

The meeting reconvened at 2.51pm and the chair advised everyone of the decision.

 

RESOLVED:

 

That the application made by We are the Fair Limited for a time limited premises licence, under Section 17 of the Licensing Act 2003 in respect of the premises known as is GALA Festival, Peckham Rye Park, Peckham Rye, London SE15 3JA be granted as follows:

 

The time limited premises licence shall have effect on a maximum of three event days per year (those event days being a Friday, Saturday, Sunday or Bank Holiday Monday), between 1 July 2021 and 31 December 2025, to facilitate a music festival known as the ‘GALA Festival’ for the following licensable activities:

 

·  The provision of plays, films, live music, recorded music, performance of dance, anything similar to live music, recorded music or performances of dance:

 

o  Friday and Saturday: 11:00 to 22:30

o  Sunday (prior to a bank holiday Monday): 11:00 to 22:30

o  Sunday: 11:00 to 22:00

o  Monday (bank holidays only): 11:00 to 22:00

 

·  The sale of alcohol for consumption on the premises:

 

o  Friday and Saturday: 11:00 to 22:00

o  Sunday: 11:00 to 22:00

o  Monday (bank holidays only): 11:00 to 21:30

 

·  Opening hours of the premises:

 

o  Friday and Saturday: 11:00 to 23:00

o  Sunday (prior to a bank holiday Monday): 11:00 to 23:00

o  Sunday: 11:00 to 22:30

o  Monday (bank holidays only): 11:00 to 22:30

 

·  To allow up to 9999 people to attend the premises at any one time.

 

Conditions

 

The operation of the premises under the licence shall be subject to relevant mandatory conditions, the conditions derived from the operating schedule highlighted in Section M of the application form and the conditions agreed with the licensing responsible authority during the conciliation process.

 

To Note:

 

·  The applicant advised that they were committed to Southwark’s statement of licensing policy in respect of single use plastics.

 

Reasons

 

This was an application made by We Are The Fair Limited for the grant of a time limited premises licence in respect of Peckham Rye Park, Peckham Rye, London SE15 3JA. The application is for a time limited premises licence to have effect on a maximum of 3 event days per year (those event days being a Friday, Saturday, Sunday or Bank Holiday Monday), between 1 July 2021 and 31 December 2025, to facilitate a music festival known as the GALA Festival, an independent South London festival celebrating club culture and the history of dance music.  The application sought to allow up to 9999 people to attend the premises at any one time.

 

The licensing sub-committee heard from the solicitor for the applicants who advised that this was the third year of the GALA festival in Peckham Rye Park. The application was to cover a five year period and was not an attempt to circumvent the consultation process, but rather to save time and money. 

 

If granted, there would 61 conditions attached to the licence. They advised that there were no outstanding objections from responsible authorities, which reflected the advice and objections made in previous applications. 

 

During the three years the event had run, the applicants had increased the consultation with local residents, including 6083 leaflets dropped to local residents. The applicants were acutely conscious of the local residents in respect of potential noise complaints.  They advised that they had engaged the services of a noise consultant who would monitor noise levels off the main festival site.

 

The applicants informed the sub-committee that during the 2019 event, between 35 and 45 noise complaints had been received. Residents were able to contact the noise consultant on a direct hotline (advertised both on the leaflets dropped on the festival website). The noise consultant would then attend the residents’ addresses to test the noise levels to ensure that they did not exceed the levels agreed with the environmental protection team.

 

The festival had to be cancelled in 2020 due to COVID-19 and the applicants recognised the public’s concern of potential transmission at large scale events.  The applicants had engaged a public health consultant who sat on the steering group with the Department for Digital, Culture, Media and Sport (DCMS).  A COVID-19 management plan was in place (but to be finalised) and if the rules relating to social distancing remained in place, the event would not proceed.  All attendees would need to provide evidence of a negative COVID-19 test. The crew and contractors at the event would be subject to more robust measures and face masks would be required for all close conduct work.  The applicants advised that they would be guided by the test event that took place at Sefton Park in early May 2021.

 

The applicants were sympathetic to the objections raised by the other persons and cared about the park fabric, flora and fauna.  The ecology survey they had undertaken had been widened to include birds and bats, which confirmed that the event would have no detrimental effect.  Recognising Southwark’s declaration of a climate emergency, the applicants confirmed that they were committed to not using single use plastics in accordance with Southwark’s statement of licensing policy.

 

The licensing sub-committee noted the objections raised by three other persons, namely two individual residents and the Friends of Peckham Rye Park, who were not present.

 

After hearing from the applicant and considering the application together with the all of the supporting documentation and agreed conditions, the licensing sub-committee were satisfied to grant the application as requested.

 

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.