Sheffield City CouncilLicensing Services

Kuckoo

Unit 7, Leopold Square, Sheffield, S1 2JG

Completed application 156340 which is a Minor Variation Application for Premises Licence from 15/06/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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. Clear and legible notices shall be displayed at all exits requesting that the public respect the needs of local residents and to leave the premises and area quietly.

   

  3. No customers carrying opened bottles upon entry shall be admitted to the premises.

   

  Conditions agreed following Variation application dated 10.2.2017

   

  4. A "Challenge 25" Policy shall be adopted and enforced at the premises whereby any person who appears to be under the age of 25 shall be required to provide identification to      

      prove that they are over the age of 18 before they are permitted to purchase alcohol.  The only forms of acceptable identification will be:-

               

                -  A Passport;

                -  A UK Photocard Driving Licence;

                -  Official ID card issued by HM Forces or EU bearing a photograph and the date of birth of the holder;

                -  Any other form of identification agreed with a representative of the Police Licensing Unit.

   

  5. All staff who are involved in the sale of alcohol will be trained in relation to the "Challenge 25" policy upon the commencement of their employment, following which they will undertake  

      refresher training at suitable intervals.  Said training will be documented and will be made available to an authorised officer upon request.

   

  6. All staff who are involved in the sale of alcohol will be trained in relation to the licensing objectives so as to reduce crime and disorder, promote public safety, prevent pulic nuisance 

      and promote the protection of children from harm. Said training will be documented and will be made available to an Authorised Officer upon request.

   

  7. A CCTV system will be fitted, maintained and in use at all times whilst the premises are open. The CCTV system will meet the requirements set out in the document ''South Yorkshire

      Police Minimum Standard for CCTV within Licensed Premises'' dated July 2016. The CCTV images will be stored for 30 days and the Police and Authorised Officers of the Council

      will be given access to images for the purposes in connection with the prevention and detection of crime and disorder in accordance with the Data Protection Act or equivenent

      legislation. Members of the management team will be trained in the use of the system.

   

  8. Whenever the premises is open to the public, there shall be members of staff who have been trained in the respect of the CCTV system, and who are capable of downloading images

      from it.

   

  9.  Appropriate signage alerting customers to the use of CCTV shall be displayed in a conspicious position at the premises.

   

  10. Prior to any occasion on which licensable activites take place, a risk assesment will be undertaken to determine whether door supervisors are required and an approproiate number

        of door supervisors will be utilized in accordance with said risk assesement.

   

  11. Noise breakout from live music or amplified sound shall be restricted from the commercial use to the street to  levels not exceeding the prevailing ambient niose level when 

         measured:

                       as a 15 minute LAeq; and,

                       at any one third octave band centre frequency as a 15 minute LZeq

   

  12. No amplified sound shall be played within the building except through an in-house amplified sound system fitted with a sound limiter. Where requested in writing by the

        Environmental Protection Service, the design and settings of said sound limiter shall be subject to the resonable approval of the Environmental Protection Service.

   

  13. No amplified sound or live music shall be played, nor shall loudspeakers be fixed, at any time outside the building without prior written approval of the Environmental Protection

        Service.

   

  14. Waste which has the potential to cause nuisance (such as bottles) shall not be disposed of externally between the hours of 09:00 and 23:00.

   

  15. The management of the premises will ensure that the frontage is kept clean, tidy and free from litter.

   

   

   

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

• Annex 4 - Plans

   

  Premises: Kuckoo, Unit 7 Leopold Square

  Drawing No: 1161.06

  Dated: 23.09.15