Sheffield City CouncilLicensing Services

Milton Street Car Park

Milton Street, Sheffield, S3 7WH

Closed application 192169 which is a New Application for Premises Licence from 21/06/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - 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 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Agreed with Sports Grounds and Events 21st June 2021

   

  ·              A draft ESMP covering all relevant aspects of the event shall be submitted to the Licensing Authority at least 42 days prior to the commencement of any event.

  ·              The ESMP and associated planning of the event will be considered by the Safety Advisory Group (SAG). The licence holder or a suitable nominated representative shall engage in the SAG process and attend any scheduled meetings in whatever form they may take.

  ·              The licence holder will employ a suitably qualified event safety officer. Details of the qualifications and experience of the safety officer will be submitted as part of the ESMP.

   

  Agreed with Environmental Protection Service 21st June 2021

   

  Planning for Events:

   

  ·              Prior to the first event, the Premises Licence Holder shall appoint a suitably qualified noise consultant, to the approval of Sheffield City Council’s Environmental Protection Service (EPS), to undertake a Noise Impact Assessment (NIA), and produce a Noise Management Plan (NMP), to the satisfaction of EPS. The NIA and 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.

   

  ·              Events shall be limited to a single event per calendar year, of a maximum three consecutive days duration.  The inaugural event shall be limited to a maximum two consecutive days duration, with any increase to three day duration for subsequent year’s events being subject to the satisfactory management of public nuisance risk, in accordance with the premises licence conditions, and any agreed NMP requirements.

   

  Prior to Events:

   

  ·              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.

   

  ·              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 Events:

   

  ·              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.

   

  ·              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.

   

  ·              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.

   

  After Event:

   

  ·              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.

   

   

  Agreed with South Yorkshire Police 21st June 2021

   

              No customers carrying alcohol, or opened bottles, upon entry shall be admitted. .

              Staff will receive training on matters concerning underage sales, drugs policies, and operating procedures. Records of such training will be kept and made available for inspection of the authorities. .

              There shall be a zero tolerance policy in relation to drugs and there shall be regular checks by management to prevent the use of drugs by patrons.  Drugs seized shall be stored securely and handed to the Police. .

              Drinks to be provided in plastic vessels or cans.  The use of glassware is not permitted. Agreed, with the exception of back of house areas for artists. This will be communicated to artists not to leave the back of house areas with any glass vessels.

              The Challenge 25 scheme must operate including a refusals log, signage and the maintenance of staff training records. .

              Clear and legible notices shall be displayed at all exits requesting that the public respect the needs of local residents and to leave the site and area quietly. .

              Notice must be given for any proposed major events 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, the Responsible Authorities towards Public Safety and Public Nuisance.  6 weeks’ notice shall be given for all such “major events”.  All other events involving licensable activities and/or regulated entertainment with a capacity less than 499 people, at least 14 days’ notice shall be given.

              The Premise Licence Holder will have a search policy for customers.  All customers will be subject to the standard search policy at entrance, including relevant bag searches.  Enhanced searching will be periodically used in accordance with a dynamic risk assessment.

              SIA registered security staff will be appointed to be static at the entrance to the site and operate metal detecting wands in line with the standard search policy.

   

   

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

   

  None

   

• ANNEX 4 - Plans

  Milton St Carpark 24/05/2022