Sheffield City CouncilLicensing Services

Chap Community Market (fka TRAXX Market)

10 Market Place, Sheffield, S35 2UU

Completed application 224784 which is a New Application for Premises Licence from 09/12/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 licence holder shall attend Pubwatch meetings to ensure that up-to-date information are available and will be involved in what’s happening locally

  2. There shall be implementation of Challenge 25 policy.

  3. The licence holder shall ensure the policies, which are in line with the Licencing Act 2003, will be available to staff with easy access. The policies will be signed and kept on premises.

  4. The policies shall include zero tolerance to illegal drugs and guide on how to report this.

  5. The premises licence holder shall make sure refusal of alcohol sales to anyone who appears under the influence of illegal drugs and that is already intoxicated by alcohol.

  6.  Any incidents will be documented and reported back via Pubwatch.

  7.  Those named on this license shall be kept informed.

  8.  Any illegal activity within the market shall be documented and reported.

  9.  Any crime that the licence holder is made aware of or see shall also be reported.

  10.There shall be a CCTV installed on the premises.

  11.Regular safety assessment within the market shall be performed by the licence holder and we ask that anybody that sees anything that causes a risk to safety to report it.

  12.There shall be up-to-date risk assessments with review dates.

  13.Alcohol shall not to be served in glass or bottle form.

  14.The premises currently use disposable plastics but shall move over to reusable plastics.

  15.Noise levels shall be kept below 64 dB onto the residential street behind the market. Any amplified music is played at the top end of the market.

  16.When the bar is open, the gate on Smith Street shall be kept so that cars cannot drive directly into the market where one gate is fully closed and another is partially closed to ensure efficient evacuation route

  17.The licence holder shall provide easier access for people with restricted mobility.

  18.The licence holder shall work closely with the authorities to ensure they are doing their level best to prevent disturbance to residents and the community.

  19.There shall be a responsible recycling scheme in place.

  20.The licence holder shall provide smaller bins throughout the market for customers to use.

  21.There shall be continued communication with Parish Council, local and city Councillor and an aim to make sure that residents around the market can be easily in contact with Market managers to limit any potential risk.

  22.The retail call will end at 10 pm and lights from the market can be reduced to a minimum by 10:30 pm.

  23.Being a family-friendly market, customers and traders shall be allowed to bring children with them and policies shall be in place that parents or guardians are responsible for their children.

  24.Alcohol shall be refused to anyone that is accompanied by children and it is felt that they are neglecting their duties to ensure that the child or children are safe for harm.

  25.Childrens activities shall be distanced from drinking areas. Safeguarding policy and safeguard lead shall be in line with Sheffield City Council safeguarding of children and vulnerable people.

  26.Any issues shall be documented and reported to the safeguarding lead and if needs be then reported to the authorities  Customers with children under the age of 18 must leave the premises by 9pm.

  Conditions agreed with SYP 29.10.2024

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

  28. An incident log shall be kept at the premises, and made available for inspection on request to an authorised officer of the Council or the Police, which will record the following:

  (a) all crimes reported to the venue

  (b) all ejections of patrons

  (c) any complaints received

  (d) any incidents of disorder

  (e) all seizures of drugs or offensive weapons

  (f) any faults in the CCTV system or searching equipment or scanning equipment

  (g) any visit by a relevant authority or emergency service

  (h) any refusals of alcohol sales

  29. Such records to be retained for at least 12 months and available for inspection on request.

  30. Drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

  31. A CCTV system will be fitted, maintained and in use at all times whilst the premises are open.  The CCTV images will be stored for 30 days and police and authorised officers of the council will be given access to images for purposes in connection with the prevention and detection of crime and disorder, in line with GDPR guidance.   Members of the management team will be trained in the use of the system.  The CCTV system will contain the correct time and date stamp information.  The CCTV footage will be controlled and kept in a secure environment to prevent tampering or unauthorised viewing. A record will be kept of who has access the system, the reason why and when.

  32. CCTV systems installed after 2021 should be full digital systems with wide dynamic range IP cameras (WDR)

  33. 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

  -CCTV operation (authorised staff only)

  -Dispersal policies

  34. 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.

  35. All drinks to be served in non-glass drinking vessels.

  36. The provision of live music shall be agreed with the Environmental Protection Service and South Yorkshire Police, 6 weeks prior to events taking place.

  37. Amplified music shall be played at a level that does not exceed background noise levels. A designated member of staff must take a proactive approach to noise control by checking noise levels on the site boundary.

  Conditions agreed with H&S 12.11.2024

  38. For all licensable events under this licence such as ‘Special Events’ ‘Halloween’, ‘Oktoberfest’, ‘Christmas Market’ ‘DJ Events’, ‘Live Bands etc’ or similar with a capacity of up to 499 (at any one time), an Event Management Plan in accordance with appropriate event industry guidance shall be prepared and must be available to Responsible Authorities upon request. Each event must be assessed upon its own merits and the Responsible Authorities must be notified of such events at least 6 weeks in advance of the event date.

  39. For all licensable events of 499 of more (at any one time), an Event Management Plan in accordance with appropriate event industry guidance shall be prepared and submitted to the Responsible Authorities not later than 2 months before the event.

  The Event Management Plan shall comprise but not be limited to:

  -Event Safety Management Plan

  -Event Risk Assessment

  - Site Schedule - Site Plan

  - Site Safety Plan

  - Emergency Plan (Including Emergency Evacuation plan and Show Stop Procedure) Security and Stewarding Plan (including ingress and egress plans, searching as agreed with local police, deployment plan and terrorism risk assessment) as agreed with Sheffield Police.

  - Drugs Policy

  - Noise Management Plan (including residents hot line information and designated off site monitoring locations as agreed with Environmental Health Team)

  - Fire Safety Assessment and Plan

  - Adverse Weather Plan

  - Medical Needs & Management Plan

  -Concessions Management Plan

  - Alcohol Management Plan

  - Transport and Traffic Management Plan

  - Construction Phase Plan, Risk Assessments and Method Statements.

  - Sanitation Plan - Waste and Litter Management Plan (including litter management on & offsite/residential as agreed with Safety Advisory Group)

  - Welfare Plan (including Children and Vulnerable Adults Safeguarding Policy.

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

   

  Sub Committee Hearing 9th December 2024

   

  1. The premises shall notify nearby residents at least 6 weeks in advance of scheduled events; and

  2. The premises shall keep the Smith Street gate closed at all times when music is being played, other than for urgent access.

• ANNEX 4 - Plans

   

   

  Chap Community Market

  Market Street

  Chapeltown

  S35 2UU

  Submitted with applicaiotn dated 2.10.2024