Update: licence application for The Leadmill
An application for a premises licence for ‘The Leadmill’, 6-7 Leadmill Road, has been granted, with conditions, by Sheffield City Council’s Licensing Sub Committee. The application was submitted by MVL Properties 2017 Ltd, the landlord of the building.
The venue is able to remain open and continue to operate under its current licence conditions.
Councillor Tom Hunt, Leader of Sheffield City Council, said: “The Leadmill is a much-loved venue which has hosted some of the world’s best bands. It holds an important place in our city’s music scene, and I know many residents have very special memories of The Leadmill.
“The application for a shadow licence was approved because the council’s Licensing Sub Committee found that the applicants demonstrated they could uphold all four of the licensing objectives.
“As a statutory Licensing Authority, the council has a legal duty to be fair, unbiased and treat each licence application the same. The application for a shadow licence for ‘The Leadmill’ by MVL Properties 2017 Ltd was treated impartially and the case was considered on its own merits.
“I’d like to reassure residents that the premises licence held by The Leadmill’s management team remains valid and the venue is able to remain open and run as normal.”
The decision to grant a licence was made by members of the council’s Licensing Sub Committee following a discussion of a report prepared by council officers. The report includes representations from the public and conditions agreed with ‘responsible authorities’, who are key stakeholders, and include the emergency services.
When making the decision, the Sub-Committee considered whether the granting of the licence would undermine any of the four licensing objectives:
- Prevention of crime and disorder
- Prevention of public nuisance
- Public safety
- Protection of children from harm
These are the grounds on which the decision is made. The sub-committee considered the application and determined that granting the licence would not undermine any of licensing objectives.
If an interested party wishes to appeal the decision made by the Licensing Sub Committee, they have 21 days to do so, to a Magistrates’ Court.
FAQs
The granting of this licence does not affect the current premises licence held by the venue. It allows the second party to run the venue under this ‘shadow licence’ if the current premises licence were to be revoked or surrendered.
What is a shadow licence?
Premises at which entertainment and certain other activities, including the sale of alcohol, are provided are required to be licensed under the Licensing Act 2003. A premises licence is valid for the life of the business supplying alcohol and/or regulated entertainment.
The term ‘shadow licence’ is often used to describe a premises licence which is granted to a second party when a premises licence is already in place for a venue. A ‘shadow licence’ does not impact the terms of the original premises licence; it would allow the second party to run the venue under that ‘shadow licence’ if the original premises licence were to be revoked or surrendered.
Does a shadow licence impact an existing premises licence?
If a ‘shadow licence’ is granted, the venue will remain open and continue to operate under its usual licence conditions. It would mean that the owners of the building would be able to operate the venue under the conditions of their ‘shadow licence’ if anything were to happen to the current premises licence.
Why would a landlord want a shadow licence?
A ‘shadow licence’ may be granted where a licence is already in place for a premises. It is common for a ‘shadow licence’ to be sought when a venue is operated by a tenant who holds the premises licence. The landlord may wish to apply for a ‘shadow licence’ for the premises in order to safeguard the venue in the event of the tenant’s licence being revoked, surrendered or lapsing. The ‘shadow licence’ ensures a premises remains licensed and can continue operating.
What happens at the Licensing Sub Committee?
The council’s Licensing Sub Committee makes decisions on licences. They carry out our statutory licensing role, including licensing for public entertainment. You can find more details about the committee here: https://democracy.sheffield.gov.uk/mgCommitteeDetails.aspx?ID=142.
The sub-committee uses reports prepared by council officers, which includes details of objections and other submissions from the public and other ‘responsible authorities’, which are key stakeholders, and include the emergency services.
Three councillors, one sitting as Chair, make up the Licensing Sub-Committee. They are advised on law by a representative from, or instructed by, the council’s legal team.
Can you appeal a licence decision?
Any applicant, responsible authority or person making representation is able to appeal the decision to a Magistrate’s Court within 21 days of the notice of decision.
What are the conditions on the licence?
Environmental Protection Service:
- A written outdoor 'Noise Management Plan' (“NMP”) shall be submitted in writing for approval by the EPS. The approved NMP shall include details of suitable arrangements to minimise noise breakout of the building, management of people outside the venue, measures for managing the arrival and departure of customers, including any waiting/queuing system and a solution to manage smokers or vapers outside the premises and the approved NMP shall be applied by the premises. The use of any outside area shall at all times be managed and maintained in accordance with the approved NMP. A copy of the approved NMP shall be retained on site and be made available upon request by the EPS.
- Amplified sound or live music shall only be played within the building and in such a way that noise breakout does not exceed the prevailing ambient noise level by more than 3dB when measured at 1m from the façade of the nearest habitable room;
- as a 15 minute LAeq, and;
- at any one third octave band centre frequency as a 15 minute LZeq.
- No loudspeakers shall be fixed externally nor directed to broadcast sound outside the building.
- The dispersal of customers from the premises must be managed in accordance with the following:
- Clear and legible notices must be prominently displayed at all exits requesting customers to respect local residents and leave the area quietly.
- A suitable member of staff and/or door supervisor(s) will be visible at each public entrance/exit to control the dispersal, to remind people to leave quietly, and to prevent patrons from re-entering the premises.
Health Protection Service:
- All organisers of events shall be required to prepare and implement an Event Management Plan (EMP) to promote the licensing objectives. For events expected to attract 500 persons or more at any one time (including staff, performers and other contractors on site) the Event Management Plan shall be provided to the Licensing Authority, and be made available to Responsible Authorities, not less than 14 days prior to the first day of the event. Any proposed revisions to the EMP shall be notified in writing to the relevant Responsible Authority and Licensing Authority before the master EMP is updated - which shall be as soon as reasonably practicable following the revision.
South Yorkshire Police:
- Door supervisors shall be employed at the premises based upon a risk assessment carried out in relation to the following factors:
- Size of the venue
- Expected attendance
- Type of event taking place
- Location of the premises
- Time of year
- Special occasion (New Year, Halloween, local events etc.)
- Premises licence conditions.
A written log of each risk assessment must be kept and maintained by the premises and made available for inspection and copying upon request by an officer of a Responsible Authority.
- Any door supervisors on duty at the premises must be supplied by an SIA-Approved Contractor Scheme company.
- The premises will have and implement a written search policy for customers, which will include consideration for use of hand-held electronic search wands where the premises has deemed it appropriate in accordance with but not limited to the following:
- Size of the venue
- Expected attendance
- Type of event taking place
- Location of the premises
- Time of year
- Special occasion (New Year, Halloween, local events etc.)
- Premises licence conditions.
- All persons entering or re-entering the premises must be searched by a Security Industry Authority (SIA) registered door supervisor and all searches must be monitored by the premises' CCTV system.
- The premises will acquire a number (to be agreed with South Yorkshire Police) of radio sets and will join the CCRAC Radio Scheme (City Centre Retails Against Crime). This will be in use at all times when the premises are trading under this licence, and the premises will continue to be a user of the CCRAC Radio Scheme whilst this system is in use within Sheffield.
- A CCTV system to the specification of South Yorkshire Police will be fitted, maintained and in use at all times whilst the premises and trading under this licence and open (in line with specification July 2020).
- The CCTV images will be stored for 31 days and police and authorised officers will be given access to images for purposes in connection with the prevention and detection of crime and disorder, in line with GDPR guidance.
- Members of the management team will be trained in the use of the system. Documented records of this training shall be kept for each member of the management team and shall be made available for inspection upon request by a police officer or an authorised officer of Sheffield City Council
- CCTV systems installed after 2021 should be full digital systems with wide dynamic range IP cameras (WDR).
- The CCTV footage will be controlled and kept in a secure environment to prevent tampering or unauthorised viewing. A record will be kept of who has access the system, the reason why and when.
- There shall be a lockable ‘drugs box’ at the premises to which no member of staff, except the DPS, shall have access. All controlled drugs (or items suspected to be, or containing controlled drugs) found at the premises must be placed in this box as soon as practicable. Whenever this box is emptied, all its contents must be given to South Yorkshire Police for appropriate disposal.
- The Challenge 25 scheme must be operated to ensure that any person who appears to be under the age of 25 shall provide documented proof that he/she is over 18 years of age. Proof of age shall only comprise a passport, photo card driving licence, an EU/EEA national ID card or similar document, an HM Forces warrant card, a card bearing the PASS hologram, or any electronic or biometric age verification technology approved by the licensing authority.
- Prominent signage must be displayed, at any point of sale and at the entrance to the premises, that the Challenge 25 scheme is in operation.
- A refusals record must be kept at the premises which details all refusals to sell alcohol. This record must include the date and time of the incident, the name of the staff member who refused the sale, and the reason the sale was refused. All entries must be made within 24 hours of the refusal. The record must be made available for inspection and copying upon request by an officer of a Responsible Authority.
- All staff authorised to sell alcohol shall be trained in:
- Relevant age restrictions in respect of products
- Preventing underage sales
- Preventing proxy sales
- Maintaining the refusals log
- Recognising signs of drunkenness and vulnerability
- How overservice of alcohol impacts upon the four objectives of the Licensing Act 2003
- How to refuse service
- The premises’ duty of care, understanding and dealing with situations involving vulnerable people, and incidents of harassment; and how to report issues of modern slavery and trafficking.
- ‘Ask for Angela’
- Action to be taken in the event of an emergency, including the preservation of a crime scene and reporting an incident to the emergency services
- The conditions in force under this licence.
- Counter terrorism (available on https://www.protectuk.police.uk/catalogue or any relevant government approved training following a change in name).
- Documented records of staff training shall be kept for each member of staff. Training shall be regularly refreshed and at no greater than 12 monthly intervals. Training records shall be made available for inspection upon request by a police officer or an authorised officer of Sheffield City Council.
- Drinks may not be removed from the premises in open containers save for consumption in any external area designated for that purpose.
- No customers carrying opened bottles upon entry shall be admitted to premises.
- The use of glass-alternative drinking vessels shall be utilised in accordance with the premises’ assessment of risk, taking into consideration the following:
- Size of the venue
- Expected attendance
- Type of event taking place
- Location of the premises
- Time of year
- Special occasion (New Year, Halloween, local events etc.)
- Premises licence conditions.
A written log of each assessment of risk must be kept and maintained by the premises and made available for inspection and copying upon request by an officer of a Responsible Authority.