Sheffield City CouncilLicensing Services

Church House

18 Church Street, Ecclesfield, Sheffield, S35 9WE

Completed application 205794 which is a Change of Supervisor (DPS) for Premises Licence from 01/08/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

   

  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. The pub will actively enforce a zero tolerance policy on illegal drugs.

   

  2. The DPS should be a member of the local Pubwatch scheme (as long as it remains).

   

  3. CCTV covers the rear drinking area and car park.

   

  4. Downstairs windows are kept closed during opening hours.

   

  5. Customers are encouraged to leave quietly.

   

  6. No unaccompanied children are allowed on the premises.

   

  7. Persons under the age of 18 must vacate the premises by 21:30 hours, unless dinning or attending a private, pre booked family orientated function that is restricted to the designated private function room to which the public are not provided access.

   

  8. There shall be no striptease or nudity on the premises.

   

  9. The Designated Premises Supervisor or other such responsible person to be assigned to the role of children's safeguarder and act in compliance with the guidance and training issued by the Sheffield Safeguarding Children Board.

   

  10. The Challenge 21 scheme must include signage, records of refusals and staff training In compliance with the partnership guidance issued by the Sheffield Safeguarding   Children Board, South Yorkshire Police and Sheffield Trading Standards.

   

  11. The Provision of Facilities for Dancing will be restricted to the Lounge Bar and First   Floor Function Room only.

   

  12. The premises must conduct a risk assessment in respect of all pre-booked functions considering the employment of door supervisors and the use of non glass drinking vessels and maintain a record of such risk assessments.

   

  13. A member of staff at the premises must carry out a check for broken glass in the immediate area adjacent to the premises each evening after the premises has closed and clear up/remove any such broken glass.

   

  14. There shall be no admission into the premises between 00:30 hours and 01:30 hours on Friday and Saturday.

   

  15. Front internal lobby door and rear external doors will remain closed, same for access and egress after 23:00 hours each day.

   

  16. 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.

   

   

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

   

  1. The applicant must install signage, notifying patrons to the premises to leave quietly and respect neighbouring residents to be posted on relevant entry and exit points and at the bar.

   

  2. Colour CCTV being installed in positions agreed with the Police, with images being stored for 31 days; the CCTV system being maintained and in use at all times the premises are open and the Police being given access to the images for purposes in connection with the prevention and detection of crime and disorder; coverage by this system to include the outside drinking areas, as well as the internal licensed areas and external lighting being provided in order to enhance the CCTV images where necessary.

   

  3. No persons under the age of 18 years of age being on the premises after 8pm, with the "Challenge 21" and proof of age system being rigorously enforced by the Designated Premises Supervisor, with all staff being fully aware of this system.

   

  4. Drinking not being allowed beyond the curtilage of the premises and the outside drinking area and no open drinks to be taken off the premises and signage being placed in prominent positions stating this; the premises staff having a duty to prevent this.

   

  5. That part of the premises subject to the alteration not being used for trade until it has been inspected by all authorities and is found to be satisfactory.

   

  6. The Designated Premises Supervisor for the premises being a registered member of Sheffield Licence watch, with annual membership and meeting attendance being maintained.

   

  7. The applicant carrying out full consultation with the Health Protection Service throughout the planning of the internal area of the premises so as to ensure the premises comply with the City Council's Policy and Guidance as issued under the Licensing Act 2003.

   

  8. The varied premises licence will not become effective until the premises have been inspected by a representative of the Health Protection Service so as to ensure condition 7 has been complied with.

   

  9. Within three months of re-opening, arrangements be made for an Officer of the Environment and Regulatory Services to inspect the premises, specifically to ascertain whether there has been any evidence of noise nuisance.

   

  10. Smoking bins must be removed from outside the front of the premises and not replaced.

   

  11. Signage will be displayed at the front of the premises asking patrons to refrain from smoking outside the front of the premises and instead use the smoking area to the rear exterior of the premises.

   

  12. Patrons will not be allowed to consume alcohol outside the front of the premises.

   

• Annex 4 - Plans

   

  ref: 3369-03

  Date: July 06