Sheffield City CouncilLicensing Services

Treehouse Board Game Cafe

Murray Building, 41 Boston Street, Sheffield, S2 4QF

Rejected application 186195 which is a Minor Variation Application for Premises Licence from 14/09/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol

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. 

   

  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. There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

   

  2. The designated premises supervisor will be a member of Licence Watch.

   

  3. A CCTV system to the specification of South Yorkshire Police will be fitted, maintained and in use at all times whilst the premises are open (in line with specification July 2016). The CCTV images will be stored for 30 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. Members of the management team will be trained in the use of the system.

   

  4. A zero tolerance policy will operate in regards to drugs.

   

  5. All drugs seized will be recorded and handed over to Police.

   

  6. All electrical supplies will be protected by RCD

   

  7. No drinks will be removed from the premises at all.

   

  8. The Challenge 21 scheme will be in operation. All door and bar staff must be trained to enforce the scheme. Signage must be displayed at the entrance and bar areas to promote the scheme. Refusals logs and staff training records must be maintained and available for inspection by the Responsible Authorities on request.

   

  9. Under 18's not accompanied by a responsible adult will only be permitted on the premises after 19:00. Under 18's accompanied by a responsible adult will only be permitted on the premises until 21:00 unless attending a private, pre-booked family type function (religious celebrations, family birthday parties). Under 18 parties/events are not permitted.

   

  10. The designated premises supervisor, or other such responsible person, must be assigned to the role of the Safeguarding Co-ordinator. This person will act with reference to the guidance and training issued by the Sheffield Safeguarding Children Board.

   

  11. The use of door supervisors will be risk assessed  on an event by event basis, and a written record of the risk assessment will be kept at site for 6 months and made available to the Police or an Officer of the Licensing Authority upon request. Where engaged, door staff shall be licensed by the SIA.

   

  12. All doors and windows shall be closed, save for access and egress, when amplified sound is present in the premises.

   

  13. The DPS or designated member of staff must take a proactive approach to noise control, checking outside the premise to ensure that noise is kept to a reasonable level from patrons using the external area and manage noise levels internally so as to be inaudible at the nearest noise sensitive property.

   

  14. Where appropriate, prominent. clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quitely.

   

  15. Patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises,where appropriate the Licensee or a suitable staff member will monitor patrons leaving at closing time.

   

  16. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.

   

  17. No amplified sound shall be played in the premises except through an in house amplified sound system fitted with a sound limiter and a cut off device connected to all emergency exits. The sttings of which shall have received prior written approval of the Environmental Protection Service.

   

  18. Polycarbonate drinking vessels (or other appropriate toughened / safety 'glassware' drinking vessels, e.g. P.E.T.) to be used at the venue on a management risk assessed basis and through negotiation upon police advice. This is, most likely to mean, for example, use of polycarbonates perhaps at busy weekend times or periods, or when risk assessed by management due to the customers profile or likely demeanour.

   

  19. All functions / private parties at which under 18's will be in attendance must be booked by an adult through completion of a booking form. A system must be in place for verifying the age and identity of the adult making the booking and the booking form must contain conditions of entry and the contact details of the adult making the booking.

   

  20. A written safeguarding assessment must be done prior to all functions/private parties at which under 18's will be in attendance and at times when persons under the age of 18 have access to the premises when it is open on local football match days or when screening sporting events.

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  None

• Annex 4 - Plans

   

  Plan Reference: Drawing No: 109

  Revision: G

  Date: Feb 2007