Sheffield City CouncilLicensing Services

Viper Rooms

35 & 35a Carver Street, Sheffield, S1 4FS

Completed application 187184 which is a Change of Supervisor (DPS) for Premises Licence from 10/08/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• an indoor sporting event
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• 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. Each entrance to the premises will be monitored by at least 1 member of door staff from 21:00 hours on any day the premises remains open after 01:00 hours.

   

  2. Persons will not be permitted to enter the premises after 02:00 hours Sunday to Wednesday and after 03:00 hours Thursday to Saturday, Sundays preceding Bank Holidays.

   

  3. To acquire a suitable number of radio set(s) for the 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.

   

  4. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.

   

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

   

  6. Additional external colour camera fitted to CCTV system, showing right side of external drinking area.

   

  7. Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.Additional cameras have been fitted to the new lobby.

   

  8. Any reasonable requirements of the authorities will be complied with in order to ensure the premises are suitable for their intended use.

   

  9. The designated premises supervisor for these premises must be a registered member of Sheffield Licence Watch. Annual membership and meeting attendance should be maintained.

   

  10. A designated member of staff will monitor any outside drinking area at all times.

   

  11. When public dancing is to take place on the premises in an area not previously approved for dancing by the authority, at least 14 days notice must be given to Environmental and Regulatory Services (Health Protection Service) and the Licensing Authority, identifying the area to be used which should be suitable and adequate in size as the designated dance floor for the intended use and dancing must not take place in that area unless approved by the authority.

   

  12. Indoor sporting events shall consist of traditional pub games.

   

  13. 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 quietly.

   

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

   

  15. No films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.

   

  16. When regulated entertainment is provided windows and doors shall remain closed except for access and egress.

   

  17. Sunday - Thursday the playing of live or recorded music after 01:30 hours shall be at a reduced volume, agreed by the Environmental Protection Service.

   

  18. Children under the age of 18 are not permitted on the premises at all times. The premises shall operate a challenge 25 policy.

   

  19. 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 and other entertainment.

   

  20. To comply with the reasonable requirements of South Yorkshire Fire and Rescue Service.

   

  21. The fire exit doors on to Carver Lane shall only be used as disabled access or as an emergency exit and shall not at any other time be propped open.

   

  22. No amplified sound or live music shall be played nor shall loud speakers be placed at any time outside the building within the proposed outdoor smoking area.

   

  23. Music should only be plaed within the building such that:

          (i) Noise breakout from the building to the street should not exceed the ambient noise levels by more than 3 dB(A) when measured as a 15 minute LAeq;

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

  Note: Where ambient noise level is the ALeq, 15 minutes in the absence of the specific noise source (breakout from the premises).

   

  Any embedded permissions and restrictions attached to the justices on/off licence including those specified at Appendix 1.

   

  Specific conditions converted from the Public Entertainment Licence

   

  Other Special Conditions:

   

  1. The issue regarding the low ceiling in the lobby area must be resolved as soon as possible. In the meantime the edge of the ceiling must be covered in foam and appropriate warning signs put in place.

   

   

   

   

• Annex 3 - Conditions attached after a Review hearing by the licensing authority on 25.11.15.

   

  1) A one in 15 search policy to be maintained on Tuesday night events, and risk assessed by the management on all other nights when the premise is operating;

  2) An internal SIA registered door person will be appointed to take responsibility for door staff positioned inside the premise in order to increase supervision levels.  The delegated member of door staff will be fitted with an approved body-cam, which must be worn at all times the premise is operating.  The images will be stored for 28 days and the police will be given access to the copies of the images for purposes in connection with the prevention and detection of crime and disorder;

  3) An SIA registered door person will be appointed to be static outside the premise and will be fitted with an approved body-cam, which must be worn at all times the premise is operating.  The images will be stored for 28 days and the police will be given access to the copies of the images for purposes in connection with the prevention and detection of crime and disorder; and

  (4) Only polycarbonate or plastic drinking vessels and bottles will be served on a Tuesday night, save for champagne and Vodka bottles served only in the VIP area and will be risk assessed by the management on all other nights when the premise is operating.

   

• Annex 4 - Plans

   

  Plan Ref: Ruby Lounge / Cellar 35

  Drawing No: 1107. 100 Rev E

  Dated: July 2011