Sheffield City CouncilLicensing Services

The Original Bierkeller

102-104 West Street, Sheffield, S1 4EP

Completed application 153552 which is a Transfer Application for Premises Licence from 17/09/2015 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
• 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 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.

  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 use of the external rear area which is included on the plan should be restricted to cease at 21:00 hours; and not be used when regulated entertainment (live/recorded music) is present in the building.

   

  2. A current electrical certificate shall be made available for inspection upon request by a Responsible Authority.

   

  3. Children under the age of 18 should not be permitted after 21:00 hours Sunday - Thursday or after 20:00 on Friday & Saturday.

   

  4. The Designated Premises Supervisor, or other such person, must be assigned to act as lead safeguarder for children’s issues at the premises.

   

  5. Any person exercising security activity shall be licensed by the Security Industry Authority (SIA). Such a person will be employed at the premises at the discretion of the designated premises supervisor or holder of the premises license and will clearly display their name badge at all times whilst on duty.

   

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

   

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

  provided for the purpose.

   

  8. A colour CCTV system to the specification of South Yorkshire Police will be fitted, maintained and in use at all times whilst the premises are open. The CCTV images will be stored for 31 days and the Police and authorised Officers of the Council will be given access to the images for the purposes in connection with the prevention and detection of crime and disorder. CCTV footage shall be down loaded and provided to South Yorkshrie Police on request. Members of the management team will be rained in the use of the system. A copy of the specification dated January 2010 will be available at all times for inspection of the Police and authorised officers.

   

  9. The premises will be a member of the local Pub Watch Scheme or their successor where such a scheme is in operation.

   

  10. The premises will operate a Proof of Age Scheme which requires photographic identification from any person who appears to be under

  the age of 21 years.

   

  11. Staff will receive training on matters concerning underage sales, drug policies and operation procedures.

   

  12. When dancing is to take place (excluding private dancing) on the premises in an area not previously approved for dancing by the authority at least 14 days notice must be given to the Environmental and Regulatory Services (Health Protection Service) and the Licensing Authority identifying the area to be used which should 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 it has been approved by the authority.

   

  13. 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.

   

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

   

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

   

  16. All door security will work 15 minutes past doors closed at The Basement.

   

  17. 1 member of security shall stand on the opposite road of the entrance of Basement controlling the dispersal policy of The Basement.

   

  18. All security are required to manage the following:-

                - A member of security opposite West Street Basement controlling dispersal.

                - Controlling customers leaving the venue to ensure exit in a quiet and respectfull manner.

                - Ensuring any issues (drunk patrons etc) are managed in an appropriate manner.

                - Customers are dispersed away from the surrounding of Basement.

                - The entrance to Morton Works residential flats are clean.

                - Smoking area is clean.

                - The front of Basement is clean.

   

  19. Door stewards will be employed at all times when The Basement is open for trade. Their position will comply of the following:-

                - Ensuring to wear a high visability jacket with Basement logo on the back.

                - Manage the Morton Works Entrance.

                - Manage Basement smoking area.

                - Keep all of the areas clean at all times.

                - Direct customers to relevant queuing / exit areas.

                - Work alongside the SIA badged security to help solve any issues quickly.

   

  20. The Morton Works residents entrance shall be kept clear and secure while Basement is open for trade, this includes the following:-

                - The door entrance to Morton Works residential shall be kept clear of people at all times.

                - The entrance is clean at the beginning and end of every night.

                - Any issues / disturbances are immediately raised to the Police.

   

  21. The smoking area of the Basement shall be fenced off and shall be positioned directly in front of the Basement entrance. This area shall be managed by Basement security at all times. Security shall ensure the following:-

                - Ensuring Basement customers are behaving in a suitable manner.

                - The area is used purely for smoking and not socialising.

                - The smoking area will be closed 30 minutes prior to the premises closure.

   

  22. The terminal hour of the premises shall be 23:30 on Sunday, 01:00 hours Monday - Saturday until such time as satisfactory compliance

  has been achieved with the below subsections:-

  1.1 The scheme of sound attenuation works recommended in the letter ref: 21704.01v2 dated 1st January 2013 entitled Basement, Sheffield  - Noise Impact Assessment' is implemented.

  1.2 A Validation Test of the sound attenuation works shall have been carried out and the results submitted to and approved by the Local Planning Authority.

  1.2.1 Such Validation Test shall:

  1.2.1.1 Be carried out in accodance with an approved method statement.

  1.2.1.2 Demonstrate that the specified noise levels have been achieved.

  1.3 In the event that the specified noise levels have not been achieved, then notwithstanding the sound attenuation works thus far approved, a further schedule of sound attenuation works capable of achieving the specified noise levels and recommended by an acoustic consultant shall be submitted to and approved by the Local Planning Authority before the use of the development is commenced. Such further scheme of works shall be installed as approved in writing by the Local Planning Authority before the use is commenced and shall thereafter be retained.

  1.4 An internal level of 81dB(A) measured as a 15 minute Leq(A) should not be exceeded until such time as the works recommended in the letter referred to above have been implemented and retained and a revised noise level has been agreed in writing by the Local Planning Authority. Upon completion of the works, a noise validation test of the sound attenuation works shall be carried out and the results submitted to and approved in writing by the Local Planning Authority. The validation test shall be carried out in accordance with an approved method statement.

   

   

• ANNEX 2 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1. Regulated entertainment shall cease 30 minutes before closing.

   

  2. All doors and windows shall be closed, save for access and egress, when regulated entertainment is present in the premises.

   

  3. The DPS or designated member of staff must take a proactive approach to noise control, checking outside the premise to ensure that noise is kept to a reasonable level from patrons using the external area and manage noise levels internally so as not to cause a nuisance to the nearest noise sensitive property.

   

  4. No regulated entertainment shall be played except through an in-house amplified sound system fitted with a sound limiter. The settings of which shall have received the prior written approval of the Environmental Protection Service.

   

  5. The premises licence holder shall prominently display A4 notices on all exits reminding patrons to leave the premises in a quiet and orderly fashion to respect the local neighbours' needs.

   

  6. All ventilation outlets, which serve the licensed area, are to be acoustically baffled and there after retained.

   

  7. The venue door supervisors or a designated member of staff is to patrol and control any noise nuisance emanating from patrons outside the building and any people, in close proximity, wishing to enter the premises.

   

  8. No regulated entertainment shall take place beyond the existing permitted times until the sound attenuation works detailed in the current licence conditions have been carried out to the written satisfaction of the Environmental Protection Service.

   

  9. The emptying of waste bottle bins shall not be carried out between the hours of 23:00 to 07:00 hours Monday to Saturday and 23:00 hours to 09:00 hours Sundays and Public Holidays.

   

  10. Acoustic seals shall be fitted and maintained at all times to all designated fire doors and frames within the premise to the satisfaction of the City Council.