Sheffield City CouncilLicensing Services

Devonshire Green - Oktoberfest

Devonshire Street, Sheffield, S3

Completed application 160491 which is a Cancellation/Surrender for Premises Licence from 11/03/2015 to 01/02/2018

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

  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 1 (Continued)

  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.  A senior member of the event management team must be assigned to the role of Safeguarding Coordinator.  This person is responsible for ensuring that a written risk assessment is undertaken with reference to the events guidance issued by the Sheffield Safeguarding Children Board.  This person must ensure that staff are briefed to recognise and respond to safeguarding issues and to ensure that suitable safeguarding systems are in place for the protection of children from harm.

   

  3.  At times when children and young people are allowed access a designated family area must be provided.

   

  4.  The Challenge 25 scheme must operate. Staff working on bar and access points must be trained to enforce the scheme.  Written records of refusals must be maintained and staff briefing records must be signed and dated by staff and management.  Signage to promote the scheme must be displayed.

   

  5.  At times when persons under the age of 18 are present, designated staff must be deployed to patrol the site and monitor to ensure the environment remains family friendly and safe where children have access.

   

  6.  The Children’s Charter must be on display and its principles enforced.

   

  7.  Persons under the age of 18 must be accompanied and supervised by a responsible adult at all times and are not permitted after 19:00 hours.

   

  8.  The Designated Premises Supervisor/Promoter shall appoint a named person to co-ordinate noise issues.  Contact details for the named ‘noise coordinator’ shall be notified to Sheffield City Council’s Environmental Protection Service by 08/07/2015. The noise co-ordinator shall liaise between all parties - Environmental Protection Service, SCC Night Time Noise Service, DPS, Promoter, sound system suppliers, sound engineers, appointed noise consultants and the Licensing Authority on all matters relating to noise control prior to and during the event.

   

  9.  A noise propagation test shall be undertaken prior to the start of the event in order to set appropriate control limits at the sound mixer position.  The system shall be limited so as to prevent the LAeq (15 minute) music noise level exceeding the L¬A90 background noise level by more than 15dB when measured at the position of any nearby residential façade.  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.

   

  10.  The noise co-ordinator shall ensure that noise is monitored at the perimeter of the site (or other appropriate noise sensitive locations) throughout the event, to ensure continued compliance with the specified +15dB music noise level limit.

   

  11.  The noise co-ordinator shall comply with any request made by a nominated officer of SCC Environmental Protection Service to reduce or remix sound emanating from the amplification system.  Upon request, facilities shall be provided at the mixing desk(s), or other appropriate position(s), for a nominated officer of the Environmental Protection Service to monitor and where necessary secure a reduction in the music noise level.

   

  12.  Between the hours of 6pm and 10pm security personnel will be employed during event days.  Door searches will be conducted.

   

  13.  The tent will be closed once capacity is reached.

   

  14.  People under the age of 18 are only allowed entry on Sunday and only when accompanied by an adult.

   

   

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

   

  None

   

• ANNEX 4 - Plans

   

  Oktoberfest

  Devonshire Green

  10.2.2015

  Plan 1

   

  Oktoberfest

  Devonshire Green

  10.2.2015

  Plan 2