Sheffield City CouncilLicensing Services

Three Feathers

Bowden Wood Crescent, Sheffield, S9 4EE

Completed application 172473 which is a Transfer Application for Premises Licence from 10/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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

   

  1. 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.

   

  2. Any person exercising a security activity (as defined by paragraph 2(1)(a) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.

   

  3. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.

   

  4. A CCTV system to the specification of SYP will be fitted, maintained and in use at all times when the premises are open.  The CCTV images will be stored for 30 days.  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.  Members of management will be trained in the use of the system.

  5. Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

   

  6. When public dancing is to take place on the premises in an area not previously approved for dancing by the authority, at least 14 days notice must be given to Environmental and Regulatory Services (Health Protection Service) and the Licensing Authority, identifying the area to be used which would be suitable and adequate in size as the designated dance floor for the intended use and dancing must not take place in that area unless approved by the authority.

   

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

   

  8. Noise or vibration shall not emanate from the premises so as to cause a nuisance to nearby properties.

   

  9. No films or videos of any description will be shown so that they can be viewed by persons under the age of any applicable BBFC/Local Authority certification.

   

  10. There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises.

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  1. All children are to be accompanied by a responsible adult and persons under the age of 18 are not permitted after 9pm (including outside area).

  2. SIA licensed door staff to be employed from 10pm when there are any private parties booked.  They should wear their SIA badge at all times and a record of door staff should be kept on the premises at all times.

  3. An incident log to be kept on the premises to record any incidents whether the police are called or not.  These are to be kept for at least 6 months and produced to the police or responsible authorities on request.

  4. A booking form must be used for all events and private functions. The form must set out the booking conditions for the customer. The form must include: name, contact details and a signature of the customer who is responsible for the booking.  Such records will be retained for 6 months and made available for inspection by the police and responsible authorities.

  5. On Friday and Saturday nights, no new customers shall be permitted entry after 11pm.

  6. The DPS, or delegated staff member, must ensure patrons leave external areas in a timely manner after the premises closes.

  7. The DPS, or other such responsible person, must act as the Safeguarding Co-ordinator at the premises. This person should act with reference to the guidance and training provided by the Safeguarding Children Board and has a responsibility to ensure that all staff are appropriately trained and know how to respond when a child protection issue arises.

  8. The Safeguarding Co-ordinator must undertake and retain as a record, a written risk assessment in relation to safeguarding children and young people at the premises. The risk assessment must relate to all variety of activities/functions/ events at the premises.

   

• Annex 4 - Plans

   

  S.JOHAL - Three Feathers, Bowden Wood Crescent

  Date 01/2012