Sheffield City CouncilLicensing Services

Balti King

216 Fulwood Road, Sheffield, S10 3BB

Completed application 199934 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 24/11/2003 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• provision of late night refreshment

Additional Conditions

• Annex 1A - Mandatory Conditions

   

  Mandatory Condition 1 (Section 19 ss 2)

   

  Where a licence authorises the sale of alcohol then no supply of alcohol may be made under the premises licence -

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence, or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  Mandatory Condition 2 (Section 19 ss 3)

   

  Where a licence authorises the sale of alcohol then every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory Condition 3 (Section 20)

   

  1.              Where a premises licence authorises the exhibition of films, the licence includes the following conditions relating to the admission of children to the exhibition:

  (a)              The admission of children (under 18) to the exhibition of any film must be restricted in accordance with the classification set by the film classification body (currently the BBFC).

  (b)              In a case where there is no classification given by the classification body (the BBFC) the admission of children to the exhibition of any film must be restricted in accordance with any recommendation given by the Licensing Authority.

  2.              In this section -

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine               suitability of video works for classification).

   

  Mandatory Condition 4 (Section 21)

   

  Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity each such individual must be licensed by the Security Industry Authority.

   

  Annex 1B - Mandatory Condition effective from 28th May 2014:

   

  1.              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2.              For the purposes of the condition set out in paragraph 1-

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

  where-

  (i) P is the permitted price,

  (ii)D is the amount of duty chargeable in relation to the alcohol as if the duty were

  charged on the date of the sale or supply of the alcohol, and

  (iii)V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

  (c) “relevant person” means, in relation to premises in respect of which there is in force a

  premises licence-

  (i)  the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3.              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4.              (1)              Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on               the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

                (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning               on the second day.

   

  Annex 1C - Mandatory Conditions effective from 1st October 2014:

   

  1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.-              (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under

  18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a) a holographic mark, or

  (b) an ultraviolet feature.

   

  4. The responsible person must ensure that-

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

   

   

• Annex 2 - Conditions consistent with the operating schedule

   

  1.  Staff must be trained to operate a Challenge 25 scheme at all points of sale including deliveries.  This includes induction training and quarterly refresher sessions and knowledge tests.

   

  2. Staff training records must be maintained by the premises management.  These must set out the content of the training in summary, be signed and dated by trainer and trainee and retained by the licence holder to be made available to the responsible authorities for inspection, on request.

   

  3. Refusals records (manual or electronic) must be maintained and be regularly checked by the Designated Premises Supervisor, or other such responsible manager.

   

  4. All bar, waiting and delivery staff must be trained to be aware of: the law in relation to alcohol and under 18’s; proxy sales: how to check the authenticity of ID documents; the impact of underage drinking on children and young people and on the community.

   

  5. The SSCB Code of Conduct will be adhered to by all staff at all times.

   

  6. All alcohol sales must be ancillary to food orders including for delivery.

   

  7. The forms of acceptable ID shall include a photo style driving licence, a passport, an identification card which bears the PASS logo in a hologram format and military ID.

   

  8. Delivery drivers will be instructed to enter and leave their vehicles quietly and considerately and not leave their engine running.

   

  9. No sales of alcohol for consumption off the premises in unsealed containers save for consumption in any designated external area provided by the premises licence holder for that purpose.

   

  10.  All orders of alcohol made either by phone or the internet must be made alongside food.  The person responsible for the delivery of alcohol will ask for the appropriate ID at the point of handover of the goods.  If the person appears to be under 25 years an no appropriate ID is provided then the alcohol will not be delivered and will be returned to the shop.

   

• Annex 3 - Conditions attached after a hearing by the licensing authority - Review of Premises Licence -  26/11/2009

   

  1. A colour CCTV system to the specification of South Yorkshire Police, will be fitted, maintained and in use at all times the premises are open, the CCTV images will be stored for 28 days and Police and Authorised Officers of the Council will be given access to images for purposes in connection with the prevention and detection of crime and disorder.

   

  2. The Premises Licence Holder and all persons working at the premises shall be fully trained in the use of the CCTV system in order that images can be immediately obtained by Police and Authorised Officers of the Council.

   

  3. The Premises Licence Holder and the Designated Premises Supervisor shall be members of Sheffield Licence Watch and maintain registration, annual membership and attendance at appropriate meetings.

   

  4. The Challenge 21 proof of age scheme promoted by the Government must be operated at all times at the premises and must include the use of a refusals book.

   

  5. All staff and the Premises Licence Holder shall be trained in the operation of the Challenge 21 Scheme and how to manage confrontation, and staff training records must be maintained to the satisfaction of the Licensing Authority and made available to officers of the Responsible Authorities and the Licensing Authority on request.

   

  6. Appropriate signage must be displayed and maintained within the premises to promote the Challenge 21 Scheme.

   

  7. The Premises Licence Holder must maintain an incident log and make such log available to any officer of a Responsible Authority or the Licensing Authority on request.

   

  8. The Challenge 21 Scheme must be invoked at all times and posters/stickers to that effect must be clearly displayed at the premises.

   

  9. All staff must be trained to operate the Challenge 21 Scheme and be provided with regular refresher training, and staff training records must be maintained and signed by staff and be made available to Responsible Authorities on request.

   

  10. A refusals log detailing all refusals to sell alcohol to a person must be maintained.

   

  11. Signs shall be displayed prominently at the premises in relation to; zero tolerance on drugs, zero tolerance on nuisance and disorderly behaviour, the Challenge 21 Proof of Age Scheme.

   

  12. A minimum of one member of staff must be assigned to act as Children’s Safeguarder at the premises and this role must be fulfilled in compliance with the guidance and training issued by the Safeguarding Children Board.

   

  13. A Personal Licence Holder must be on duty at the premises during all times that the premises are open and alcohol is available for sale to the public.

   

  14. No alcohol to be removed from the rear of the premises at any time.

  15. Smokers to be directed to the front of the premises.

   

  16. No unaccompanied children under the age of 18 to enter the premises at any time.

   

  17. A booking contract must be used by private parties and require persons attending to produce identification, (B) a member of staff must supervise the area hosting private parties and (C) evidence of underage drinking will be reported to the police and will result in the party being terminated.

   

  Annex 3 - Conditions attached after a hearing by the licensing authority - Variation of Premises Licence - 29th February 2016

   

  18.  No delivery orders to be taken after 03:00 hours.

   

  19.  The sale of alcohol as part of the delivery service shall be subject to a minimum food 

         order of £10 and to a maximum alcohol order of £25.

   

• Annex 1A - Plans