Sheffield City CouncilLicensing Services

Delicious Clam

12 Exchange Street, Sheffield, S2 5TS

Completed application 213642 which is a New Application for Premises Licence from 30/08/2023 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. A CCTV system with recording equipment shall be installed and maintained at the premises and operated with cameras in positions agreed with the Police. All recordings used in conjunction with CCTV must:

  • Be of evidential quality in all lighting conditions;

  • Indicate the correct time and date; and

  • Be retained for a period of 31 consecutive days.

  • A member of staff trained to use the system must be on duty at all times and there must be adequate portable hardware (such as compact disks or USB storage devices) at the premises, as the recorded images must be available for inspection and downloading immediately upon request to officers of Responsible Authorities.

   

  2. All images downloaded from the CCTV system must be provided in a format that can be viewed on readily available equipment without the need for specialist software.

   

  3. A Challenge 25 scheme must operate at the premises. Any person who appears to be under 25 years of age must not be sold/supplied alcohol unless they produce an acceptable form of identification (passport, photo driving licence, Military Identity card or PASS accredited card).

   

  4. Challenge 25 notices must be displayed in prominent positions throughout the premises.

   

  5. A bound and sequentially paginated refusals book must be kept at the premises to record all instances where admission or service is refused.

  Details to show:

  • The basis of the refusal;

  • The person making the decision to refuse; and

  • The date and time of the refusal.

  Such books/records to be retained at the premises for at least 12 months, and must be made available for inspection and copying by the Police, or other officers of a Responsible Authority, immediately upon request.

   

  6. A bound and sequentially paginated incident/accident book must be kept to record all instances of disorder, damage to property and personal injury at the premises. Such records are to be made available for inspection and copying by the Police and other officers of Responsible Authorities immediately upon request, and all such records shall be retained at the premises for at least 12 months.

   

  7. Door supervisors must be employed at the premises on occasions as deemed necessary by the Designated Premises Supervisor and/or premises management following a risk assessment and on occasions when requested by, and following consultation with the Police.

   

  8. The Designated Premises Supervisor must ensure that any security industry authority door supervisors employed at the premises wear, and clearly display, their security industry authority registration badge at all times whilst on duty.

   

  9. A bound and sequentially paginated book must be maintained at the premises containing the names, home addresses, dates of birth, contact telephone number, Security Industry Authority registration number of door supervisors employed on any particular day. These records must be kept at the premises for at least 12 months and must be made available for inspection and copying by the Police and other officers of Responsible Authorities immediately upon request.

   

  10. Clear notices must be prominently displayed requesting customers to leave the premises and the area in a quiet and orderly manner.

   

  11. The premises licence holder must ensure that customers awaiting entry to the premises, or leaving the premises, do not cause annoyance or nuisance to any other persons in the vicinity to the premises. When employed door supervisors must ensure that members of the public can pass freely by and gain access to other premises as necessary. 

   

  12. No persons carrying open, or sealed, vessels containing alcohol must be admitted to the premises at any time.

   

  13. No persons must be permitted to remove open vessels containing alcohol from the gated area outside the premises (smoking area).

   

  14. Plastic container’s shall be used at the premises.

   

  15. Persons under the age of 18 must be accompanied by a person over the age of 18 when alcohol is being served.

   

  16. Training records must be kept to record staff training and advice including the following areas:

  • preventing underage sales of alcohol

  • preventing proxy sales of alcohol to underage persons

  • preventing sales of alcohol to a person who is drunk

  These records must be made available for inspection and copying by the Police and other officers of Responsible Authorities immediately on request and all such records to be retained at the premises for at least 12 months.

   

  17. No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

  Agreed Conditions with EPS - 07/08/2023

   

  18. All doors and windows shall be closed, save for access and egress of the general public and/ or than in case of emergency, when amplified sound or live music is present in the premises.

  19. Amplified sound or live music should only be played 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 LZeq;

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

  20. No speakers shall be fixed externally nor directed to broadcast sound outside the building at any time.

  21. No amplified sound shall be played within the building except through an in-house amplified sound system fitted with a sound limiting facility capable of limiting the sound level output of the system to a pre-set level which may then be secured in a tamper-resistant manner, the design and settings of which shall have received the prior written approval of the Environmental Protection Service.

  22. The premises licence holder shall prominently display A5 notices on all exits reminding patrons to leave the premises in a quiet and orderly fashion to respect the local neighbour’s needs.

  23. The premises licence holder shall prominently display A5 notices in all external areas reminding patrons to be quite whilst using the facilities provided and respect the local neighbour’s needs.

  24. The Premises Licence Holder shall submit for written approval by the Environmental Protection Service a Noise Management Plan providing details of operational procedures to protect the occupiers of nearby dwellings from noise of the external area and dispersion.  Such details shall include, inter alia, operational procedures, monitoring of customer activities, smoking and/ or consuming alcohol policy, good relationship with responsible taxi services, relevant signage, CCTV consideration, complaints handling procedure, practical policy of noise complaint monitoring, staff training relating to noise awareness etc.

  Agreed Conditions with South Yorkshire Police - 07/08/2023

   

  25. A registered SIA door supervisor must be employed at the premises from 22.00 where numbers exceed 50 when the premise intends to operate beyond 01:00 hours (on any day).  The requirement for such security at any other time to be risk assessed by the Designated Premises Supervisor or member of the management team.

   

  26. 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 South Yorkshire Police.

   

  27. Staff will receive training concerning , but not limited to,

  - Vulnerability awareness

  - Crime scene preservation

  - Drugs policies

  - Underage sales/Challenge 25 scheme /Proxy Sales/Fake ID’s

  - Counter terrorism (available on https://www.protectuk.police.uk/catalogue <https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.protectuk.police.uk%2Fcatalogue&data=05%7C01%7Clicensingservice%40sheffield.gov.uk%7C935cf488ec0641a35e3108db974c4eb9%7Ca1ba59b9720448d8a3607770245ad4a9%7C0%7C0%7C638270126239172251%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QPP%2B2c9jeO4%2Bhz1fUZZVurZT1oGeT8OZ5sbS1MNy7%2FA%3D&reserved=0> or any relevant government approved training following a change in name)

  - CCTV operation (authorised staff only)

  - Dispersal

   

  28. Suitable refresher training to be completed at least once per calendar year commencing the year after their date of employment.  A written record to be retained for a minimum of 12 months and shall be made available to the Police and/or Licensing Authority upon request.

   

  29. A booking form must be used for all events and private functions (if hired by an external organiser).  The form must set out the booking conditions for the customer and include the signature and printed name of the venue manager authorising the booking.  The form must also include the name, contact details and signature of the customer who is responsible for making the booking.  Such records will be retained for 6 months and made available for inspection of the authorities. 

   

  30. To acquire a suitable number of radio sets for the premises and to take the CCRAC Radio Scheme (City Centre Retails Against Crime) into use at all times when trading, and continue to be a user whilst this system is in use within Sheffield.

   

  31. Unless agreed in writing with the Police a minimum of 14 days in advance, children under the age of 16 must not be permitted on the premises after 20:00 hours.

   

  Agreed Conditions - Health & Safety 30.08.23

   

  32. Maximum capacity shall not exceed 60 persons.

   

  33. The premises shall continue to operate as a practice space and recording studio, and shall host no more than 100 licensed events per year

  34. The definition provided/agreed for events is as following which we shall be kept on HPS file;

  ‘We define an event as open-close for a day/evening/morning, rather than the TEN definition of days as running past midnight. As discussed we wouldn't class a weekend as 1 event, but a Thursday-Saturday would class as 3 events even if the Saturday runs past midnight (rather than 4 days)’.

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

• ANNEX 4 - Plans

   

   

  Date Received: 27 July 2023

   

  Plan Ref: 12 Exchange Street

   

  Date Drawn: July 2023