Sheffield City CouncilLicensing Services

STACK

The Podium (between the O2 and the Odeon Cinema), Sheffield, S1 1DL

Open application 218903 which is a New Application for Premises Licence

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
• provision of late night refreshment
• 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

   

   

  Agreed SYP Conditions 18.03.24

   

  1. The premises shall operate as a container park offering food, drink, entertainment and event space with external seating and plaza areas.

   

  2. There will be no change to this operating style without proper written notice to the Licensing Authority, which shall include details of the operating style proposed.  The Licensing Authority shall advise within 21 days whether a formal application for full or minor variation or a new licence is required, and the licence holder shall comply with the direction.

   

  3. The operator shall ensure that at all times when the premises are open for any licensable activity there is sufficient, competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

   

  4. The operator and designated premises supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events. Such risk assessments are to be carried out by the DPS or member of management and should include the provision of SIA registered door staff and safeguarding/drugs search policies. Consideration must be given to local events including, but not limited to, Tramlines, local football matches and on Police advice.  Risk assessments to be kept on site for a minimum of 6 months and made available, at request, to the responsible authorities.

  5. When SIA registered door supervisors are on duty, the premise licence holder shall maintain at the premises a register containing the following details of all door staff engaged at the premises:-

                i) Full name,

                ii) Address,

                iii) Date of birth,

                iv) Copy of security industry licence.

  6. The maximum number of persons permitted on the premises at any one time shall not exceed a figure prescribed by the risk assessment carried out by the premises licence holder in accordance with fire safety legislation.

  7. The designated premises supervisor shall ensure that there are effective management arrangements in place to enable him/her to know how many people there are in the premises at times prescribed within the management risk assessment.

   

  8. A CCTV system to the specification of South Yorkshire Police will be fitted, maintained and in use at all times that the premises are open. Such system shall:-

   

                i) Be a full digital system with wide dynamic range IP cameras (WDR),

                ii) Contain the correct time and date stamp information,

                iii) 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.

                iv) Be in operation at all times that the premises are being used for a licensable activity;

                v) Ensure coverage of all entrances and exits to the licensed premises internally and externally;

                vi) Ensure coverage of such other areas as may be required by the Licensing Authority and South Yorkshire Police;

                vii) Provide continuous recording facilities for each camera to a good standard of clarity.  Such recordings shall be retained for a period of  30 days, and police and authorised officers of the council will be given                             access to images for the purposes of preventing and detecting crime and disorder, in line with GDPR guidance. ,

   

  9. There will be a radio link between each bar unit that retails alcohol and the main security staff at the premises. The radio shall be kept in good working order, operated by a responsible member of staff and used to report incidents of crime and disorder to the security team and other users.

   

  10. The premises licence holder will acquire a suitable number of radio sets for the premises and will 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.

   

  11. There will be in place 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.

   

  12. 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:

                i) all crimes reported to the venue

                ii) all ejections of patrons

                iii) any complaints received

                iv) any incidents of disorder

                v) all seizures of drugs or offensive weapons

                vi) any faults in the CCTV system or searching equipment or scanning equipment

                vii) any visit by a relevant authority or emergency service.

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

   

  13. If the general public congregating outside the premises are causing anti-social behaviour, the management shall request that they leave, and if the problem persists the Police shall be called to support.

   

  14. Staff tasked with monitoring the entrance and the site generally will be trained in how to identify, deal with and refuse access to, and remove from the site, street drinkers.  Such training will be documented and include:

                i) what to look for in identifying street drinkers;

                ii) identifying known street drinkers and associates using intelligence kept and collected at the premises and in association with partner agencies;

                iii) the law;

                iv) how to refuse entry;

                v) conflict situations and management support, and

                vi) a scenario based questionnaire.

   

  15. The premises will operate and retain a record of persons banned from entering or purchasing alcohol from the premises, which will form part of staff training and shall include those persons considered to be street drinkers or known associates.  Such information shall be supplied from partner agencies and through the site’s own records, including CCTV and staff knowledge.

   

  16. Patrons will not be permitted to enter or leave the premises with alcohol in an open container or vessel. 

   

  17. Any drinks to be consumed in the temporary events space shown on the approved plan will be in a non-glass drinking vessel.  The use of glass ware in any other area will be in accordance with the management risk assessments.

   

  18. Persons under the age of 18 years will not be permitted access to the premises after 20:00 hours unless accompanied by a responsible adult and attending a pre-booked family type function or dining.

   

  19. Staff will receive training concerning , but not limited to:-

                i) Vulnerability awareness,

                  ii) Crime scene preservation,

                  iii) Drugs policies,

                  iv) Underage sales/Challenge 25 scheme /Proxy Sales/Fake ID’s,

                  v) Counter terrorism (available onhttps://www.protectuk.police.uk/catalogue <https://url.uk.m.mimecastprotect.com/s/5LijC68nJUooMD1sx1w_d?domain=protectuk.police.uk> or any relevant government                               approved training following a change in name),

   

                vi) CCTV operation (authorised staff only),

   

                vii) Dispersal.

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

   

  20. During all hours that the premises are open to the public the entrance(s) to the site will be monitored by a member of staff.

  21.All members of staff at the premises including door supervisors shall seek "credible photographic proof of age evidence" from any person who appears to be under the age of 25 years and who is seeking to purchase or consume alcohol on the premises. Such credible evidence, which shall include a photograph of the customer, will either be a passport, photographic driving licence, proof of age card carrying a "PASS" logo or a military ID card.

   

  EPS Agreed Conditions 02.07.2024

   

  22. No live music or amplified sound shall be played within the premises unless the scheme of sound attenuation works detailed in approved Noise Report (ref: 794-ENV-ACO-20193, dated: 27/03/2024, prepared by: RPS Group/ Acoustics) has been carried out as specified in the Report.  Such works shall be thereafter retained.

  23. Before the use of the premises is commenced, Validation Testing of the sound attenuation works shall have been carried out and the results submitted to and approved by the Environmental Protection Service.  Such Validation Testing shall:

                i) Be carried out in accordance with an approved method statement.

                ii) Demonstrate that the specified noise levels in approved Noise Report (ref: 794-ENV-ACO-20193, dated: 27/03/2024, prepared by: RPS Group/ Acoustics) have been achieved.  In the event that the specified               noise levels have not been achieved then, notwithstanding the sound attenuation works thus far approved, a further scheme of works capable of achieving the specified noise levels and recommended by an               acoustic consultant shall be submitted to and approved by the Environmental Protection Service before the use of the premises is commenced, and shall thereafter be retained.

   

  24. The number of ticketed events held in the designated ground floor external plaza area at including live and/ or recorded music shall not exceed 12 events per calendar year, each of maximum 2 consecutive days duration, and regulated music entertainment to finish at 22:00 hours. The maximum permitted number of event days totals 24 days per year.

   

  25. The number of Kroud Karaoke events held in the designated ground floor external plaza area including live and/ or recorded music entertainment shall not exceed 12 events per calendar year, and permitted between the hours of 19:00 and 21:00 hours only.

   

  26. The Premises Licence Holder shall submit for written approval by the Environmental Protection Service a Noise Management Plan providing details of the day-to-day management of the site to protect the occupiers of adjacent dwellings from noise breakout of amplified sound, customers in the external area(s), and dispersion.  Such details shall include, inter alia, but not limited to, operational procedures, monitoring of customer activities, smoking and/ or consuming alcohol policies, 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.

   

  27. The Premises Licence Holder shall submit for written approval by the Environmental Protection Service a Noise Management Plan (NMP) for events held in the designated external plaza area, prepared by a suitably qualified noise consultant.  The NMP for events 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 events. The NMP shall detail measures for how noise will be monitored and managed during events.

   

  28. A noise propagation test shall be undertaken prior to the start of the first event in order to set appropriate control limits at the sound mixer position. For the purposes of the test, the sound system shall be configured as intended for events, and the sound source used shall be similar in character to any music most likely to be produced during events. Any testing of equipment prior to the first event shall ensure that minimum noise levels are emitted from the sound equipment to limit nuisance to local residents. Thereafter, all events shall proceed in accordance with the approved NMP for events and the agreed sound system control limits.

   

  29. No later than six weeks after the first event, a compliance and evaluation report shall be submitted to the Environmental Protection Service, detailing monitored noise levels during the event, compliance with agreed levels, number of complaints received, action taken as a result of complaints, and any recommendations for future events, including ongoing noise monitoring. Any future monitoring for further events shall thereafter be undertaken in accordance with the compliance and evaluation report.

   

  30. No amplified sound shall be played within the premises and/ or external areas 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.

   

  31. The DPS or designated member of staff must take a proactive approach to noise control, checking outside the premises to ensure that noise is kept to a reasonable level from patrons using the external area(s), and access and egress.

   

  32. 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.

   

  33.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.

   

  34. Movement, sorting or removal of waste materials, recyclables or their containers in the open air shall be carried out only between the hours of 08:00 to 23:00 on any day.

   

  35. No deliveries to the premises shall take place between 23:00 and 07:30 hours.

   

  EPS Agreed Condition 03.07.24

   

  36.  Building Regulation Completion Certificate shall be submitted to the Responsible Authority for Public Safety before the premises opens for business.

   

  37.A satisfactory Electrical Installation Certificate shall be submitted to the responsible authority for public safety before opening for business.

   

  38. A permanent fixed residual current device (RCD) must protect the electrical power serving all amplified music equipment used for the purposes of live music.

   

  39. Except for performance by artists, the stage shall not be used by members of the public for the purposes of dancing or any other licensable activity, unless a suitable risk assessment for the proposed activity is in place, such assessment to be available to the Responsible Authority for Public Safety on request.

   

   

   

   

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

  
  None

   

• ANNEX 4 - Plans

   

  STACK Sheffield

  Arundel Gate

   

  Proposed Plaza / Cellar Level

  DSA-B1-[13]-105              Revision L02

  Date : 24/10/23

   

  Proposed Ground Floor

  DSA-PO-13-106              Revision L02

  Date : 24/10/23

   

  Proposed First Floor

  DSA-PO-13-107              Revision L01

  Date : 24/10/23