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LICENSING ACT 2003
PREMISES LICENCE
Schedule 12
Part A
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Part 1 Premises details
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Postal address of premises:
Ziggy’s Nightclub Limited 53-55 Micklegate
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Post town: York |
Post code: YO1 6LJ |
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Telephone number: 01904 620602 |
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Expiry date: This licence has no expiry date.
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Licensable activities authorised by the licence:
Films Live Music Recorded Music Performances of Dance Activities like music/dance Late Night Refreshment Supply of Alcohol
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The times the licence authorises the carrying out of licensable activities:
Films
Indoors
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Live Music
Indoors
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Recorded Music
Indoors
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Performances of Dance
Indoors
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Activities like music/dance
Indoors
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Late Night Refreshment
Indoors
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Monday 23:00 - 05:00
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Tuesday 23:00-05:00 |
Wednesday 23:00-05:00 |
Thursday 23:00-05:00 |
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Friday 23:00-05:00 |
Saturday 23:00-05:00 |
Sunday 23:00-05:00 |
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Supply of Alcohol
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Monday 10:00-04:30
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Tuesday 10:00-04:30 |
Wednesday 10:00-04:30 |
Thursday 10:00-04:30 |
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Friday 10:00-04:30 |
Saturday 10:00-04:30 |
Sunday 10:00-04:30 |
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Non Standard Timings for Films, Live Music, Recorded Music, Performance of Dance and Activities like Music/Dance:
On York Racecourse race days 10:00 - 06:00
An additional hour on the morning clocks go forward. Non Standard Timings for Supply of Alcohol:
From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.
On York Racecourse race days 10:00 - 05:30 An additional hour on the morning clocks go forward. |
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The Opening Hours of the Premises
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Monday 10:00-05:00
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Tuesday 10:00-05:00 |
Wednesday 10:00-05:00 |
Thursday 10:00-05:00 |
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Friday 10:00-05:00 |
Saturday 10:00-05:00 |
Sunday 10:00-05:00 |
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Non Standard Timings:
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From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.
On York Racecourse race days 10:00 - 06:00
An additional hour on the morning clocks go forward.
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Where the licence authorises supplies of alcohol whether these are on and/or off supplies:
On and off the premises
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of premise licence:
Name: Ziggy’s Nightclub Limited
Address: 53-55 Micklegate
York
YO1 6LJ
Telephone number: 07774 198 155
Email address: a.elliott324@btinternet.com
Registered number of holder, for example company number, charity number (where applicable):
03540561
Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol:
Name: Mr Andrew Gregory Elliott
Address: Ella Cottage
Shipton
York
YO30 1AZ
Telephone number: 07774 198155
Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol:
City of York Council
CYC 010177
Annex 1 – Mandatory conditions
MANDATORY CONDITIONS IN RELATION TO THE SUPPLY OF ALCOHOL
1. In accordance with section 19 of the Licensing Act 2003, where a premises licence authorises the supply of alcohol, the licence must include the following conditions.
2. The first condition is that no supply of alcohol may be made under the premises licence -
(a) at a time where 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.
3. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
4. (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).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (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.
7. 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: 25ml or 35ml; and
(iii) still wine in a glass: 125ml;
(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.
MANDATORY CONDITION - ALCOHOL PRICING
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 x V)
where –
(i) P is the permitted price,
(ii) D is the rate 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.
MANDATORY CONDITION: DOOR SUPERVISION
1. In accordance with section 21 of the Licensing Act 2003 (as amended by section 25 Violent Crime Reduction Act 2006), 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, the licence must include a condition that each such individual must -
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
2. But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence, or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
3. For the purposes of this section -
(a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act), and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
MANDATORY CONDITION: EXHIBITION OF FILMS
1. In accordance with section 20 of the Licensing Act 2003, where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
2. Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
3. Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.
4. 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).
Embedded Restrictions
STANDARD PRE-EXISTING CONDITIONS APPLICABLE TO ON LICENCE WITH NO CHILDREN'S CERTIFICATE
1) The restrictions to permitted hours do not prohibit:
a) the sale or supply of alcohol to, or consumption of alcohol by, any person residing at the licensed premises
b) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied
c) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Private Entertainment
As the provisions of the Private Places of Entertainment (Licensing) Act 1967 was previously adopted and applied throughout the City of York Council area, private entertainment for gain may be provided throughout the premises without limitation by virtue of the previous Justices Licence.
Recorded Music
Recorded music may be played throughout the premises without limitation in line with previous provisions as set out in Section 182 of the Licensing Act 1964.
Annex 2 – Conditions consistent with the operating schedule
Licensing Objectives
Prevention of Crime & Disorder
1. SIA licensed door staff will be employed at the premises.
2. CCTV cameras cover both the interior and the exits to the club.
3. The premises will participate in any radio link scheme linking a majority of local licensed premises to the police.
4. The maximum occupancy of the premises will be 500 persons.
5. All off sales of alcohol shall be made in sealed containers.
Public Safety
6. Complies with current local authority and fire service safety regulations with regard to emergency lighting, fire alarms and electrical installation checks etc.
Public Nuisance
7. Notices will be displayed at the Micklegate exit asking customers to leave the premises quietly.
8. During the operation of amplified equipment and regulated entertainment all doors, including fire doors, shall be kept shut when not in use. With the exception to the front door which may remain open during opening hours, providing that the noise emanating does not
cause a nuisance to any noise sensitive premises.
9. Notices will be displayed in the car park asking customers to have regard for neighbours by leaving the area quietly.
Protection of Children from Harm
10. No under 18s are allowed on the premises unless at an arranged under 18 event run in conjunction with the local authority and police.
11. Proof of age scheme is in operation.
Annex 3 – Conditions attached after a hearing by the licensing authority
Review Conditions
1. All music in the basement area shall be via the dBX DriveRack PA noise limiter or similar noise limiter to be agreed with City of York Council's Environmental Protection Unit prior to use.
2. Prominent, clear and legible signs shall be displayed in the DJ area to inform DJs that all music is to be played through the noise limiter provided.
3. An alarm system shall be installed and be operational during hours of opening to the public which alerts staff when the rear fire door has been opened.
4. Prominent, clear and legible notices shall be displayed on all fire exits stating that fire exits are for emergency use only.
5. Documented patrols shall be carried out by members of staff at no less than hourly intervals during the hours of opening to the public. These checks shall be undertaken outside the building to the front and rear to check for noise from inside the premises and noise from
customers outside the venue to ensure compliance with Condition 8.
6. Staff training shall be given and documented regarding all matters relating to the licence and its conditions. Records of training shall be kept for 3 years.
7. A direct contact number for the duty manager shall be made available to residents living in the vicinity of the premises on request.
8. No music or amplified sound shall be audible at the boundary of the car park to the rear of the premises.
9. During hours the premises is open to the public, fire doors shall be fitted with non-locking restrictions which prevent their opening except in an emergency.
Hearing Conditions
1. There will be no entry / re-entry to the premises (save for persons who have gone to the designated smoking area) after 04:00hrs.
2. A CCTV system will be installed and maintained at the premises. Images will be retained for a minimum period of 28 days and be made available to officers of the responsible authorities on request.
3. The outside smoking area will be monitored by a designated member of staff whose duty it is to ensure that no disturbance is caused by those using the smoking area.
4. The premises will operate a written queuing and dispersal policy to ensure customers leave quietly. That policy will be operated and a copy made available to officers of the responsible authorities on request.
5. Bottle bins will be emptied between 09:00hrs and 23:00hrs.
6. All windows and doors opening onto the rear car park area of the premises shall be kept closed during regulated entertainment. Except for any door used for access which forms a lobby consisting of a minimum of 2 doors, one at each end of the lobby. These lobby doors
shall be kept closed except for ingress and egress and fitted with a self closing device.
7. In relation to Review Condition 5. The documentation of patrols shall be made in the course of the patrol or on completion of each patrol. The patrol documents shall be kept for a minimum of 3 months and made available to the Licensing Authority or any responsible
authority on reasonable request.
Annex 4 – Approved Plan
Plan Number Y-BSP-3422-13-100
For and on behalf of Date: 23/07/2015
The Director of Economy & Place 17/01/2020 (Transfer & DPS Variation)
Licensing Services Phone: 01904 552422
Hazel Court EcoDepot Fax: 01904 551590
James Street Email: licensing@york.gov.uk
York Website: www.york.gov.uk/licensing
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