Sheffield City CouncilLicensing Services

New Era Square (Outside Area)

New Era Square, Sheffield, S2

Completed application 219512 which is a New Application for Premises Licence from 06/04/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• the sale by retail 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. All licensable activities provided under the proposed premises licence will be subject to the conditions listed in boxes (b) to (e) below. However, for all major events (defined as events providing licensable activities and exceeding 499 attendees at any one time), the following conditions in box

   

  (a) will also apply:

   

  For major events (where licensable activities are provided and attendees exceed 499 at any one time):

  ·              The premises licence holder shall engage with the Safety Advisory Group (SAG) and provide a suitable person to attend SAG meetings to discuss any major events to be held at the site under this premises licence, in whatever form those meetings may take. A suitable person will be defined as a person who has the knowledge, experience and authority to make decisions upon the provisions for the safe running of the event. For all other licensed events under this premises licence with a capacity of 499 attendees or less, at least 14 days’ notice should be given to the licensing authority, Police, Environmental Protection Services and Responsible Authority responsible for public safety.

  ·              A suitably qualified and experienced event safety officer shall be employed for all major events, with details provided in the draft Event Management Plan.

  ·              All planning for major events will be in line with recommendations laid out in the online ‘Purple Guide’ and HSG154-Managing Crowds Safely.

  ·              For major events, the applicant shall provide a draft Event Management Plan to the Safety Advisory Group at least 2 months prior to the First Event Day, unless the Safety Advisory Group agrees to accept it on lesser notice. The Safety Advisory Group will be provided with details of planning for the Event.

  ·              The layout of the event (e.g. location of stages/performance areas, toilets, vendors and other event related facilities etc.) shall be included in the Event Management Plan.

  ·              The Event Management Plan shall comprise, where appropriate, 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 the 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)

  ·              A final version of the Event Management Plan shall be submitted to the Safety Advisory Group.

  ·              No customers carrying open bottles upon entry shall be admitted, open drinks may not be removed outside of the perimeter of the event site unless into a premises within New Era Square that is connected to the event

  ·              All drinks shall be served in non-glass drinking vessels, where a drink is in a bottle and this is not plastic, the contents shall be decanted into a plastic vessel.

  ·              The Designated Premises Supervisor, management team and relevant staff shall be trained via online e-learning package “Action Counters 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%7CSean.Gibbons%40sheffield.gov.uk%7C1368af74483c48bc09f408db28bd6d72%7Ca1ba59b9720448d8a3607770245ad4a9%7C0%7C0%7C638148566287362710%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=HEegpkpNkdNeV5jC9ZCWNvh70vVYol0vRLpcD5X%2F340%3D&reserved=0> or any relevant government approved training following a change in name.

   

  2. For all major events providing regulated entertainment comprising live and/or recorded music, the following conditions shall apply, unless waived by Environmental Protection Services

  ·              Planning for the Event

  o              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 shall liaise between all parties - Environmental Protection Service, Production Manager, DPS, sound system suppliers, sound engineers, Licensing Authority, on all matters relating to noise control prior to and during the event.

  ·              Prior to the Event:

  o              A noise propagation test shall be undertaken with the Environmental Protection Service present, 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.

  o              The noise consultant 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:

  o              The noise consultant 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.

  o              The noise consultant 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.

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

  ·              After the Event

  o              A compliance/ evaluation report shall be produced within 6 weeks of the event detailing monitored noise levels during the event, compliance with agreed levels, number of complaints received and action taken as a result of complaints, recommendations for future events.”

   

  3. For licensed events under this premises licence with a capacity of 499 attendees or less, at least 14 days’ notice shall be given to the licensing authority Police, Environmental Protection Services and Responsible Authority responsible for public safety.

   

  4. The premises licence holder or nominated representative must create a risk assessment for such events identifying whether the event is high, medium or low risk. For high-risk events involving the provision of DJs or regulated entertainment comprising recorded music then a noise management plan must be supplied to Environmental Protection Services unless such requirement is waived by them.

   

  5. Alcoholic drinks shall not be removed from the premises in open containers except into another licensed premises within New Era Square that authorises the sale of alcohol for consumption on the premises.

   

  6. Staff involved in the sale of alcohol shall receive training on matters concerning underage sales and drugs policies.

   

  7. The premises shall operate a proof of age scheme and will require photographic identification from any person who appears to be under the age of 25 years.

   

  8. The use of security staff shall be risk assessed on an ongoing basis by the Licence Holder or the premises supervisor.  Where engaged, those security staff shall be licensed by the Security Industry Authority. 

   

  9. The use of glass alternative drinking vessels shall be utilised in accordance with the premises assessment of risk.

   

  10. There shall be no drinks promotions at the premises which are inconsistent with the need to promote responsible drinking.

   

  11. The premises shall not be used for licensable activity for a period of 3 hours before, during and 1 hour after the final whistle of a first team men’s fixture at Bramall Lane Stadium.

   

  12. All drinks shall be served in non-glass drinking vessels, where a drink is in a bottle and this is not plastic, the contents will be decanted into a plastic vessel.

   

  13. An Event Management Plan shall be provided for all licensed events and provided to Responsible Authorities upon request.

   

  14. Where appropriate, prominent, clear and legible notices shall be displayed at appropriate exit points requesting the public respect the needs of local residents and to leave the premises and area quietly.

   

  15. There shall be adequate controls in place including staff training to safeguard against the sale of alcohol to persons under 18 years.

   

  16. The premises supervisor or appointed staff member shall ensure that when children are admitted to the premises their presence is not inconsistent with the style of operation of the premises at that time and the licensable activities that are being carried out.

   

   

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

   

  None

   

• ANNEX 4 - Plans

   

  Drawing No              L101

  Project No               22019

  Date 12.10.22