Sheffield City CouncilLicensing Services

Yorkshireman Rock Bar

31 Burgess Street, Sheffield, S1 2HF

Completed application 154672 which is a Change of Supervisor (DPS) for Premises Licence from 10/12/2014 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. 

   

  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 challenge 25 scheme must be operated and all staff to be trained to enforce this scheme and staff records must be maintained.

   

  3. A refusals log must be maintained.

   

  4. Signage to promote the scheme must be displayed throughout the premises including door and bar areas.

   

  5. Not to trade the requested 'new' hours subject of this application, until South Yorkshire Police have inspected the premises.

   

  6. Noise or vibration shall not emanate from the premises, so as to cause nuisance to nearby properties after 23.30 hours each day.

   

  7. The last entry time to the premises on Friday, Saturday and Sunday will be 03:30 hours.

   

  8. Capacity for the premises will be 110 persons at any one time.

   

  9. The real fire if used prior to 6pm will be protected by a suitable fire guard.  The real fire will not be used after 6pm on any day.

   

  10. A suitable table and chairs will be located in front of the DJ Booth to discourage dancing as dancing is not included on the licence.

   

  11.  The use of the outside area to the rear shall cease at midnight on every day of the week, and staff shall regularly check that the area is not being accessed. The use of the outside area to cease at: Sunday to Thursday  24:00 hours Friday and Saturday 01:00 hours the following day.

   

   

   

   

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

   

  1. The premises will remain a member of the local pub watch scheme or any replacement as long as it exists and attend regular meetings.

   

  2. A Challenge 25 Scheme must be operated.

   

  3. There will be zero tolerance of illegal drugs.

   

  4. Fire action notices to be posted, and emergency escape routes to be signposted and illuminated as appropriate. The fire alarm system should be regularly checked.

   

  5. No under 18's allowed in the premises at any time.

   

  6. A colour CCTV system to the specification of South Yorkshire Police (attached) will be fitted, maintained and in use all times the premises are open. CCTV images will be stored for 28 days. Police will be given access to, and copies of images for purposes in connection with the prevention and detection of crime and disorder.

   

  7. Persons shall only be allowed to remove drinks from the premises in sealed containers.

   

  8. Each entrance to the premises will be monitored by at least one member of door staff from 21:00 hours on any day the premises remain open after 01:00 hours.

   

  9. To acquire a suitable number of radio set(s) for that premises and take the CCRAC Radio Scheme into use at all times when trading, and continue to be a user whilst this system/facility is in use in Sheffield.

   

  10. A permanent fixed residual current device (RCD) must protect the electrical power supply serving all amplified music equipment used for the purpose of live music.

   

  11. Music should only be played within the building such that:

  (i) Noise breakout from the building to the street, or rear outdoor area should not exceed the ambient * noise levels by more than 3dB(A) when measured as a 15 minute L Aeq.

   

  (ii) Noise breakout from the building to the street, or rear outdoor area should not exceed the ambient * noise levels in any octave band centre frequency by more than 3 dB when measured as a 15 minute Leq.

   

  *Where ambient noise level is the L Aeq, 15 mins in the absence of the specific noise source (breakout from the premises)

   

  12. No amplified sound shall be played within the building except through an in-house amplified sound system fitted with a sound limiter, the settings of which shall be to the written satisfaction of the Environmental Protection Service.

   

  13. The licensee shall prominently display large (minimum A4 size) notices on all exits reminding patrons to leave the premises in a quiet and orderly fashion, to respect the local neighbours' needs.

   

  14. All windows and the inner front door shall be closed, except for access and egress, when regulated entertainment is present in the premises after 23:30 hours each day.

   

  15. Signs shall be put on the rear fire door reminding patrons that the rear area is not in use after midnight and that the door should not be opened after midnight save for emergency purposes.

   

  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.

   

  17.  Licensable activity, as per the operating schedule, with amendment to the licensing hours as follows:

   

  Monday & Tuesday                               10:00 - 24:00 hours

  Wednesday & Thursday                             10:00 - 02:00 hours the following day

  Friday & Saturday                                            10:00 - 05:00 hours the following day

  Sunday                                                           11:00 - 05:00 hours the following day

   

  18.  The Beer Garden is not to be used after 22:00 hours on any night when regulated entertainment is carried out.

   

  19. The Premises Licence holder or DPS to meet regularly with St Pauls Residents Association.

   

  20.   The Premises Licence holder or DPS to meet regularly with Sheffield City Centre Residents Association group (SCCRAG).

   

• Annex 4 - Plans

   

  655lic/B Lions Lair, 31 Burgess Street, S1 2HF

  August 2012