Sheffield City CouncilLicensing Services

The Park (Private Car Park)

Milton Street, Sheffield, S3 7UF

Completed application 204337 which is a Minor Variation Application for Premises Licence from 25/02/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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
• 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.  The Premises Licence will permit only 3 events per calendar year.

   

  2. The planning of each event will be considered by the Safety Advisory Group at a minimum of at least one Safety Advisory Group prior to each event.

   

  3.  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.

   

  4. A draft EMP shall be submitted to the Licensing Authority at least 42 days prior to the commencement of any event.

   

  5. The final EMP shall include but may not be limited to the following documentation:

                a) Alcohol Management Plan

                b) Command, Control and Communications Plan

                c) Crime Prevent/Reduction Plan

                d) Crowd Management Plan

                e) Fire Safety Management Plan

                f) Major Incident Plan

                g) Medical and Welfare Plan

                h) Sanitary Facilities Plan

                i) Security and Stewarding Operational Plan

                j) Site Plan

                k) Ticket and Entry Policy

                l) Trader Information Management Plan

                m) Traffic Management Plan

                n) Venues Plan

                o) Waste Management Plan

                p) Child Protection Plan

                q) Noise Management Plan

   

  6.  No customers carrying opened bottles upon entry shall be admitted.

   

  7.  Six weeks’ notice must be given for any proposed major event involving licensable activities and/or regulated entertainment (capacity exceeding 499 persons at any one time) in writing to South Yorkshire Police Licensing Department, South Yorkshire Fire & Rescue Service, and the Responsible Authorities towards Public Safety and Public Nuisance.

   

  8. The use of door supervisors will be risk assessed on an event by event basis and a written record of the risk assessment to be retained for 6 months and made available to the Police or an Officer of the Licensing Authority upon request.

   

  9. The Designated Premises Supervisor, or other such responsible person, should be assigned to act as the coordinator for safeguarding systems at the premises. This person must act in compliance with the guidance and training provided by the Sheffield Safeguarding Children Board.

   

  10. Crime and disorder prevention advice shall be written in consultation with the Police and any agreed crime prevention advice shall be displayed on signage around the site and publicised on the event’s website and any agreed appropriate social media sites.

   

  11. The Designated Premises Supervisor (DPS), or nominated deputies being Personal Licence Holders, shall be present on site throughout the event when alcohol is being supplied under the Premises Licence.  Details of the nominated deputies shall be provided to the Licensing Authority and Police at least 7 days prior to the commencement of any event.

   

  12. All sales of alcohol and other drinks shall be provided in non-glass drinking vessels.  All glass bottled drinks shall be decanted at the point of sale.

   

  13. Suitable and sufficient medical provision shall be provided, as a minimum, to the standard required as a result of the risk assessment. 

   

  14. Any pyrotechnics, lasers, strobe lighting, smokes, fogs and other special effect shall be risk assessed and arrangements put in place to eliminate or minimise the risks to public safety.

   

  15. Details of the food and drink outlets will be provided to the Licensing Authority at least 30 days prior to any event, to include:

                a) Location of each individual outlet on plans provided to the Licensing Authority.

                b) Name of each outlet, trading name, food business operator and contact details, local authority with which the outlet is registered.

   

  16. Food and drink outlets shall be monitored and managed to comply with food safety legislation, have in place a food safety management system which shall be available for inspection by the event management and the Licensing Authority and that each is registered with a local authority. 

   

  17. Any outlet found to be contravening any conditions of this Operating Schedule, the EMP or other part of the premises licence shall be prohibited from trading.

   

  18. Toilet facilities shall be provided in sufficient numbers, as a minimum in accordance with relevant guidelines.  They shall be distributed across the site car park and entertainment areas.

   

  19. Challenge 25 shall be implemented to the satisfaction of the Licensing Authority and Police with signage being displayed in all locations relevant to the sale of alcohol.

   

  20. If relevant, any site / event staff having responsibility for the welfare of children on site shall be checked via the Disclosure and Barring service (DBS) and their name, date and place of birth made available to the Police at least 30 days prior to the event.

   

  21. All events must be planned with reference to the Sheffield Safeguarding Children Board event guidance and a written risk assessment for safeguarding must be included in the event plan along with the contact details of the Safety Officer or event manager who is acting as Safeguarding Coordinator for the event.

   

  Agreed Conditions with SYP and Public Health 15.02.2021

   

  22. Patrons are not permitted to bring alcohol onto the site. SIA Security Guards will be employed to undertake relevant searches in line with the operators policies.

   

  23. Drinks may not be removed outside of the perimeter of the event site.

   

  24. Appropriate policies shall be implemented in relation to drugs in consultation with SYP and Sheffield City’s Office of the Director of Public Health.

   

  EPS Agreed Conditions 24.02.2021

   

  Planning for the Events:

   

  25. Prior to the first event, the Premises Licence Holder shall appoint a suitably qualified noise consultant, to the approval of the Environmental Protection Service, to produce a Noise Management Plan (NMP). The NMP shall be produced no later than 6 weeks prior to the event and shall include details of predicted noise levels at nearest noise sensitive properties based on modelling, or actual noise measurements. The noise level predictions shall only be based on the sound system to be deployed for the event. The NMP shall detail measures for how noise will be monitored and proactively managed during the event. The appointed noise consultant, or an appointed noise coordinator delegated by the noise consultant, shall liaise between all parties - Environmental Protection Service (EPS), Production Manager, DPS, sound system suppliers, sound engineers, Licensing Authority, on all matters relating to noise control prior to and during the event.  In the case of subsequent events differing substantively in terms of noise character or risk, a revised NMP shall be similarly prepared by a suitably qualified consultant for review and prior approval by EPS, to the aforementioned timescale and specifications.

   

  Prior to the Event:

   

  26. A noise propagation test shall be undertaken with the Environmental Protection Service present (subject to availability), prior to the start of the event in order to set appropriate control limits at the sound mixer position. The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music most likely to be produced during the event.

   

  27. The noise consultant, or an appointed noise coordinator delegated by the noise consultant, to the prior approval of EPS, shall ensure that, prior to the event during any testing of equipment, minimum noise levels are emitted from the sound equipment to reduce to its lowest level any noise nuisance to local residents.

   

  During the Event:

   

  28. The noise consultant, or appointed noise coordinator, shall ensure that noise is monitored at the perimeter of the site (or other appropriate noise sensitive location) throughout the event, and at least during each different artist.

   

  29. The noise consultant, or appointed noise coordinator, shall comply with any request made by a nominated officer of the Environmental Protection Service to reduce or remix sound emanating from the amplification system.

   

  30. Facilities shall be provided on the mixing desk, or other appropriate position, for a nominated officer of the Environmental Protection Service (subject to availability) to monitor and, where necessary, secure a reduction in noise level to a reasonable level.

   

  31. During live or recorded music events, Noise levels arising from music and attendee will be monitored throughout the event to ensure compliance with the EMP’s noise management plan.

   

  After the event:

   

  32. Should the SCC Environmental Protection Service (‘the EPS’) receive a credible written complaint describing noise nuisance arising from an event, the EPS may request a compliance/ evaluation report be produced by the noise consultant detailing monitored noise levels during the event, compliance with agreed levels, number of complaints received, actions taken as a result of complaints, and recommendations for future events.  Any such recommendations shall then be carried forward to subsequent event NMPs, as appropriate. The Premises Licence Holder shall make all reasonable efforts to ensure the requested report is prepared within 6 weeks of any request received from the EPS. Any request by the EPS must be made in writing to the Premises Licence Holder within 14 days of the last event, or such longer period as may be agreed in writing with the Premises Licence Holder.

   

   

   

   

   

   

   

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

   

  None

   

• ANNEX 4 - Plans

   

  Ref: Car Park Milton Street

  Drwg No: 6117-0069 (06)001 _2.7

  Date  3.9.2021 Minor Variation