Sheffield City CouncilLicensing Services

Three Arches

9-11 Walker Street, Sheffield, S3 8GZ

Completed application 153933 which is a Variation Application for Premises Licence from 01/08/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• the supply of alcohol
• an exhibition of a film
• provision of late night refreshment

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. 

   

  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.              A colour C.C.T.V. system shall be installed at the premises to the specification and satisfaction of the South Yorkshire Police to cover internal and external areas. This will be maintained and in use at all times that the premises are open to the public. The C.C.T.V. images will be stored for a minimum of 30 days and must be made available to an authorised officer of the Council or South Yorkshire Police on production of an appropriate written authorisation.

   

  2.              The Police will be given access to and take copies of Images in connection with the prevention and detection of crime and disorder.

   

  3.              The Police shall be entitled to inspect and approve the C.C.T.V. system prior to commencement of licensable activities at these premises.

   

  4.              The premises shall have doorstaff a minimum of 4 members of door staff at any time that the premises are open to members of the public after 21:00hours. During busy periods, numbers of door staff will be set by reference to occupancy levels.

   

  5.              The premises licence holder shall maintain at the premises a registered containing the following details of all door staff engaged at the premises.

   

  (a)              Full name

  (b)              Address

  (c)              Date of birth

  (d)              SIA Licence number

   

  Such register shall be available for inspection to South Yorkshire Police and an authorised officer of the Council.

   

  6.              There shall be a zero tolerance drugs policy at the premises and there shall be suitably secure drop box for any illegal substances or items confiscated from customers. Seized items will be handed to South Yorkshire Police.

   

  7.              No customers apparently carrying open bottles upon entry shall be admitted to the premises at any time the premises are open to the public. There shall be a system for removing those open vessels from customers entering or leaving the premises. Signs shall be displayed at all exits requiring the public respect the needs of local residents and leave the premises quietly.

   

  8.              Alcoholic drinks may not be removed from the premises in open containers save for consumption in external areas provided for that purpose.

   

  9.              A refusal log and incident log will be maintained and audited by management.

   

  10.              All staff to receive induction training, refresher training to be undertaken on an annual basis. Such training to be recorded and made available to the Licensing Authority and South Yorkshire Police for a period of 12 months.

   

  11.              The use of plastic drinking vessels will be risk assessed on an event by event basis.

   

  12.              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.

   

  13.              The Designated Premises Supervisor, or other such responsible person, will be assigned to the role of safeguarding co-ordinator. This person should act in accordance with the training and guidance provided by the Sheffield Safeguarding Children Board.

   

  14.              All events or functions involving persons under the age of 18 must be planned with reference to the Sheffield Safeguarding Children Board good practice guidance for events and include a written risk assessment and evidence of staff briefings.

   

  15.              Persons under the age of 18 years are not permitted to remain at the premises after 21:00 hours unless they are accompanied by a responsible adult and attending a private pre-booked family style function in a private designated area to which access is controlled.

   

  16.              Persons under the age of 18 years are not permitted when the premises operates as an adult night club.

   

  17.              All customers, including those using concessionary passes/VIP or guest list access, must be subject to age checks and security checks including customers re-entering the premises.

   

  18.              The Designated Premises Supervisor or some such other person will be assigned to act as lead safeguard for children’s issues at the premises.

   

  19.              The premises shall operate the Challenge 25 proof of age scheme and staff shall be instructed to seek identification from any person who appears to be under the age of 25 years. Appropriate signage and an identification checking system shall be in place. All persons seeking to enter the premises while operating as an adult night club shall be subject to the Challenge 25 policy including those using concessionary passes/VIP or guest list access.

   

  20.              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.

   

  21.              Save for access, egress, and in case of emergency all doors and windows shall remain closed whenever regulated entertainment is taking place on the premises. Doors intended to function as part of an acoustic lobby shall not be propped or fixed open at any time when music is provided above background levels.

   

  22.              All ventilation outlets serving or connected to licensed areas are to be acoustically baffled.

   

  23.               No amplified sound shall be played in upstairs or downstairs areas except through an in-house amplified sound system fitted with its own sound limiting facility capable of limiting the sound level output of each system to a pre-set level which may then be secured in a tamperproof manner, the design and setting of each limiter shall have received the prior written approval of Sheffield City Council's Environmental Protection Service prior to any regulated entertainment taking place in the relevant section of the premises.

   

  24.               A management plan shall be held on site detailing the importance of monitoring and controlling the behaviour of customers in the immediate vicinity of the premises (including smokers), and the dispersion of customers towards the close of trading. Staff shall be suitably trained to implement the management plan and a copy of the plan and any referenced policies shall be made available upon request by the Licensing Authority.

   

  25.              Between the night-time hours of 23:00 and 07:00 no seating shall be retained on the outdoor rear terrace and customer access to this area shall be limited and actively managed to be for smoking purposes only, and to a maximum occupancy of 40 persons at any time. No drinks shall be allowed on the terrace during these night-time hours.

   

  26.              The capacity of the ground floor shall not exceed 308 people. The capacity of the Chill out area shall not exceed 172 people. The capacity of the VIP area shall not exceed 60 people

   

  27.              A Building Regulation Completion Certificate shall be submitted to the Responsible Authority for public safety

   

  28.              A permanent fixture residual current device (RCD) must protect the electrical power serving all amplified equipment used for the purposes of live music or similar entertainment.

   

  29.              To acquire a suitable number of radio sets for the premises and to 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.

   

  30.              There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises except for the use of authorised gaming machines.

   

  Conditions agreed - Premises Licence Variation Granted 30th December 2016

   

  31.              Children shall not be permitted to access the premises while operating as an adult nightclub.

   

  32.              Whilst the venue is trading an 'identity scanner' approved by South Yorkshire               Police will be operated at site subject to clause (a) to (g).

   

  a.              The 'identity scanner' will be operated in conjunction with challenge 25 policy in relation to assisting in proving persons entering the premises are 18 years or over.

  b.              Where proof of identification document is produced upon request, such identification will be scanned.

  c.              Records of the documentation scanned will be maintained for a period of 14 days and made available to the police officer upon request, and in accordance with the requirements               of the Data Protection Act 1998 or such other legislation.

  d.              The 'identity scanner' fitted at the premises will be maintained in accordance with the manufacturers instruction. In the event that the 'identity scanner' malfunctions then the               premises licence holder or DPS or other authorised person must notify the police in writing as soon as reasonably practicable.

  e.              In the event of malfunction of the 'identity scanner' it will be repaired as soon as reasonably practicable.

  f.              For the avoidance of doubt if the 'identity scanner' malfunctions then the premises can continue to offer licensable activities as long as they comply with the notification procedure               referred to in this condition.

  g.              The 'identity scanner' shall be in use at all times of trading except in circumstances whereby staff responsible for scanning are required to deal with issues relating to public order and/or medical emergency.

   

  33.              A minimum of two SIA registered door staff will be fitted with an approved body-cam which shall be worn at all times the premises is operating. The images will be stored for a minimum of 30 days and the police will be given access to the copies of the images for any of the defined policing purposes. It is expected that during operating hours               the body cams will be worn by SIA staff on the door. Whereby SIA staff with the body-cams are required to deal with issues relating to public order and/or medical emergency               they should do so, but the expectation is for them to return as soon as possible and if unable then for the body-cams to be worn at the door by another member of door staff.

   

  34.              The premises shall employ DJ's in accordance with the management’s assessment of risk. The premises shall provide the name, address and the date of birth of any DJ who is to perform at the venue to South Yorkshire Police at least 14 days prior to their first performance.

   

  35.              Records shall be retained of any DJ's performing at the venue including name, address, date of birth, telephone number and date of performance. Such records shall be retained for 12 months and made available to the Authorities following receipt of a request which accords with relevant data protection legislation (i.e. detection of crime).

   

  36.              Any materials published by a third party contracted by the premises to promote an event shall be subject to a contract providing the premises with a right of veto on any material               deemed inappropriate.

   

  37.              The police will be notified by way of a monthly planner in relation to events which are both internally and externally promoted by a third party not in the employ of the premises licence holder, being held at the premises 14 days ahead of each calendar month.

   

  38.              Building Regulation Completion Certificate shall be submitted to the responsible authority for public safety for the terrace area prior to public usage.

   

  39.              The Designated Premises Supervisor or a personal licence holder will be present at all times at the premises whilst operating.

   

   

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

   

  1.              The morning following the premises being open the area spanning 100 metres from the front of the premises will be cleared of litter originating from the use of the premises.

   

• Annex 4 - Plans

   

  Plan ref: Niche (Walker Street)

  Drawing No: NICHE-GF-01

  Dated: 20/11/2016

   

  Plan ref: Niche (Walker Street)

  Drawing No: NICHE-1STFL-02

  Dated: 20/11/2016