The Hot Seat: Mark Gerber

22 July 2010

TMN chats to the General Manager of the Oxford Art Factory about the restrictions that threaten live venues.

What’s the current situation with the Oxford Art Factory and why launch the petition?
The current situation is twofold. Firstly I am restricted to operating only as an art gallery or art house cinema from 11am till 6pm, council is sticking to the letter here and wont let me hire out the OAF for such things as film shoots or to open at 4pm for an ‘all ages’ show starring Yves Klein Blue, I was advised I would be in breach if I did open at 4pm, even though I perceived it to be of benefit that the kids got in earlier so they could get home earlier rather than later.

I therefore am applying to council to have this condition amended. Secondly I am asking for the trial period for the continuation of my trading hours to be done away with, as I feel that the OAF has proven itself to be an exemplary venue and being of significant cultural importance one should not have to reapply every year to renew one’s license.

Why’s the problem with the current nighttime trial period and how does it inhibit your operations?
At present I am bound to provide no less than two forms of entertainment. If council sticks to the letter as they have already, they could argue that a live show on a Wednesday constitutes only one form of entertainment. This condition I believe was originally imposed upon me because they wanted to keep me from operating purely as a nightclub with only DJs.

I feel that I have made clear my intentions and aims long enough now…people can see what the OAF is all about. Therefore this conditon should be removed

And you’re also seeking a daytime trading licence?
What are you planning here? Yes I am applying to be able to trade during the day. Im planning to engage corporate functions, TV and commercial shoots, film shoots, all ages gigs and over 18 gigs, basically anything that will generate income and is in keeping with the concept of the OAF, which is to provide a multifunctional space for a multitude of events. This does not include ‘day clubs’ as some people would like to suggest. ‘Day clubs’ go against everything that the OAF is built on.

How important is daytime trading to the viability of the venue as a whole?
Daytime trading is vital for a live music venue like the OAF, it makes all the difference in so far as providing that other much needed source of income that enables the OAF to subsidise other aspects of its business. Revenue derived from daytime trade can be anything from $10k to $30k+ per month.

You’ve stated local residents’ complaints could put “our entire operation in jeopardy” – how dire in the situation?
Council is obligated to act on complaints no matter where they come from. If left to only hearing their side of the story it could well end up jeopardising the running of the OAF, as council may impose conditions on me that will make it financially difficult to carry on.

Obviously a lot of them are about nearby crime, drunkenness, crowds, what is your venue doing to fix the problem?
The OAF is probably one of the only venues that employes guards to manage its footpath traffic and the smokers outside. I have done this for almost two years now. Im in the process of documenting where these people come from and where they are heading, if proven that the majority is not related to the OAF I will be speaking to council and police to see what they are going to do to assist, as this is clearly not a responsibility for only the OAF.

Further to this I have brought together the licensees of the Exchange Hotel and Q Bar, as well as The Gaff so that we can act in unison to control the flow of people on the footpaths within our precinct and surrounding streets.

Have you talked much to other venue operators in NSW and other states? Is there a new climate of councils getting (too) tough on live music venues?
I’ve spoken with an old aquantance from my youthful band days Bruce Milne, ex licensee of The Tote in Melbourne. He mentioned that the Tote case has in fact had a very positive effect on councils and the State Government, in so far as them both taking positive steps to address live music venues issues in a different light to how they were before.

Art and music is taken more seriously now than it was before in Victoria.

Is it a case of all drinking establishments getting tarred with the same brush, regardless of what type of venue they are?
I think it is definitely a case of human nature. People are always, and this no matter where they are or reside, too quick to jump to conclusions.
Currently live music venues all over Australia are being regarded just like any other pub or club. This is wrong and needs to be addressed. Studies overseas have already proven that live music has less violence connected with their operations than any other licensed venues.

In Sydney, one is viewed and controlled based on geographic location rather than on merit. Because the OAF is popular doesn’t mean it can’t or isn’t managing its operations, nor does it mean that we should be singled out when there are numerous venues on Oxford Street that affect the area.

The good work the OAF is doing for the community in both the entertanment field and the cultural value that it brings to the community must be considered, as well as the OAF’s good mangement of its internal and external surroundings.