Sheffield City CouncilLicensing Services

Billy Big Balls

125-127 West Street, Sheffield, S1 4ER

Completed application 153609 which is a Transfer Application for Premises Licence from 28/11/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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 premises shall have door staff as follows:-

  - A minimum of one member of door staff at any time that the premises is open to members of the public

  - A minimum of two members of door staff from 21:00 hours on Sundays to Mondays inclusive.

  - During busy periods numbers of door staff will be set by reference to occupancy levels and such additional number of door staff will be engaged as are necessary on a risk assessed basis taking into account local and national events, seasonal variations and other factors likely to affect the crime and disorder objective.

  - The premises licence holder shall maintain at the premises a register containing the following details of all door staff engaged at the premises;

  1. Full Name

  2. Address

  3. Date of Birth

  4. A Copy of security Industry Authority licence

  - The Premises licence holder shall maintain a signing in book for door staff recording the start and finish times of each person engaged in door staff duties and both the signing in book and the door staff register shall be available for inspection at the premises

   

  3.  The premises will comply with the South Yorkshire Police Security Staff protocol

  currently in existence as at 16th June 2008.

   

  4. A colour CCTV system shall be installed at the premises to the specification and satisfaction of the South Yorkshire Police to cover internal areas and external queuing areas. This will be maintained and in use at all times that the premises are open to the public. The CCTV images will be stored for a minimum of 30 days,and must be made available to an authorised officer of the council on production of an appropriate written authorisation.

   

  5. Police will be given access to and may take copies of images in connection with the prevention and detection of crime and disorder.

   

  6. The Police shall been entitled to inspect and approve the CCTV system prior to the commencement of licensable activities at these premises.

   

  7. The Designated Premises Supervisor or other suitable person shall be a registered member of Sheffield Licence Watch. Annual membership and meeting attendance shall be maintained.

   

  8. The Business will be an active member of the Sheffield City Council Responsible Retailers Scheme where such scheme is in operation.

   

  9. A personal licence holder shall be on duty at the premises from 19:00 hours on any day that the premises are open to the public, save for emergencies, unforeseen circumstances and short absences in connection with the management of the premises.

   

  10. The premises shall operate the Challenge 21 proof of age scheme and staff shall be instructed to seek identification from any person who appears to be under the age of 21 years, in order to prove that the person is 18 or over. Appropriate signage and an identification checking system shall be in place.

   

  11. There shall be a minimum of one senior member of staff assigned to patrol the public areas whilst the premises are open to the public.

   

  12. The premises licence holder or representative shall liaise with the South Yorkshire Police on issues of crime and disorder or local concerns.

   

  13. Normal entry to and egress from the premises shall not be via the side fire escape doors.

   

  14. There shall be a zero tolerance drugs policy at the premises and there shall be a suitably secure 'drop box' for any illegal substances or items confiscated from customers. Seized items will be handed to the South Yorkshire Police.

   

  15. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public. The premises shall operate policy preventing customers from removing alcoholic and other drinks from the premises in open containers.

   

  16. Any drinks promotions shall not be inconsistent with the need to promote responsible drinking.

   

  17. The premises shall have a supply of polycarbonate drinking vessels and will use these drinking vessels on a risk assessed basis.

   

  18. The applicant, or person purchasing the premises, will carry out full consultation with the responsible authorities throughout the planning of the internal area of the premises so as to ensure the premises complies with the Sheffield City Council's policy and guidance as issued under the Licensing Act 2003. It is agreed by both parties that the premises will comply if it is built in accordance with plan 1527/3, Revision F, dated 11th June 2008.

   

  19. No licensable activities will take place under the authority of this licence until the Health Protection Service has been notified that the premises are suitable. Any reasonable requirements of the Health Protection Service will be complied with in order to ensure

  that the premises are suitable for their intended use. The licensee will be give the responsible authorities a minimum of 14 days notice of the intended opening date of the premises.

   

  20. A Building Regulation Completion Certificate shall be submitted to

  the Health Protection Service and the Licensing Authority before the premises is used for any licensable activity.

   

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

   

  22. The premises shall have an occupancy figure of 600 persons.

   

  23. Signs shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and the area quietly.

   

  24. No amplified sounds shall be played with the building except through an in-house amplified sound system fitted with a sound limiter, the settings of which shall have received the prior written approval of the Environmental Protection Service.

   

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

   

  26. The business will be an active member of Sheffield City Council Responsible Retailers Scheme where such schemes are in operation

   

  27. The Premises Licence Holder or representative shall liase with South Yorkshire Police on issues of Crime and Disorder or local concerns.

   

  28. Normal entry to and egress from the Premises shall not be via the side fire escape doors.

   

  29. There shall be a zero tolerance drugs policy at the premises and there shall be a suitably secure 'drop box' for any illegal substances or items confiscated from customers. Seized items will be handed to the South Yorkshire Police.

   

  30. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public. The premises shall operate a policy preventing customers from removing alcoholic and other drinks from the premises in open containers.

   

  31. Any drinks promotions shall not be inconsistent with the need to promote responsible drinking.

   

  32 The premises shall have suitable non slip flooring throughout public areas (with the exception of the designated dance floor area).

   

  33. Before the premises initially commences the licensable activity of providing facilities for dancing the dance floor shall be inspected by the appropriate officer of the Sheffield City Council and approved for use.

   

  34. The premises will have adequate safety and fire fighting equipment and such equipment will be maintained in good operational order.

   

  35. Staff will be trained on matters of safety, evacuation and use of emergency equipment as required.

   

  36. Fire Exits and means of escape shall be kept clear and in good operational order.

   

  37. Noise and vibration from regulated entertainment shall be inaudible at the nearest noise sensitive premises.

   

  38. Doors and windows shall be closed during regulated entertainment (save for normal access and egress)

   

  39. There shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under the age of 18 years.

   

  40. The premises supervisor or appointed staff member shall ensure that when children are admitted to the premises their presence is not inconsistent with the style of operation of the premises at that time and the licensable activities that are being carried out.

   

  41. Persons under the age of 18 years shall not be permitted to enter the premises after 19:00 hours on any day, save for the attending a bone fide pre booked private function.

   

  42. Security Staff will wear high visibility clothing (selected in liaison with South Yorkshire Police) inside and outside the venue at all times in an effort to reduce the incidents of violence.

   

  43. Whlist the venue is trading an "identity scanner" approved by South Yorkshire Police will be operated at site subject to clause 1(a) to 1(g).

  (a) The "identity scanner" will be operated in conjunction with condition 10 under Annex 2 of the current Premises licence in relation to assisting in proving persons entering the premises are 18 years or over.

  (b) Where proof of identification document is produced upon request, such identification will be scanned.

  (c) Records of the documentation scanned will be maintained for a period of 14 days and made available to the Police Officer upon request, and in accordance with the requirements of the Data Protection Act 1998 or such other legislation.

  (d) The "identity scanner" fitted at the premises will be maintained in accordance with the manufacturers instruction. In the event that the "identity scanner" malfunctions then the premises licence holder or DPS or other authorised person must notify the police in writing as soon as reasonably practicable.

  (e) In the event of malfunction of the "identity scanner" it will be repaired as soon as reasonably practicable.

  (f) For the avoidance of doubt if the "identity scanner" malfunctions then the premises can continue to offer licensable activities as long as they comply with the notification procedure referred to in this condition.

  (g) The identity scanner shall be in use at all times of trading except in circumstances whereby staff responsible for scanning are required to deal with issues relating to public order and/or medical emergency.

   

  N.B. The identity scanner fitted as at 16th October 2013 is approved by SYP for the purposes of this condition.

   

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

   

• Annex 4 - Plans

   

  BD/PL/241/01

  March 2012