Agenda item
Units 4 & 5, Trocadero, Coventry Street, London, W1D 7DH
|
App No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
|
3. |
St James’s Ward/ West End Cumulative Impact Area |
Units 4 & 5 Trocadero 13 Coventry Street London W1D 7DH |
Premises Licence Variation |
19/14057/LIPV |
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3
Thursday 30th July 2020
Membership: Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Maggie Carman
Officer Support: Legal Officer: Barry Panto
Policy Officer: Kerry Simpkin
Committee Officer: Andrew Palmer
Presenting Officer: Michelle Steward
Application for a Variation of a Premises Licence [19/14057/LIPV]
Full Decision
Premises
Units 4 and 5
Trocadero
13 Coventry Street
London W1D 7AB
Applicant
UK HAIDILAO PTE. LTD
Represented by Gary Grant of Counsel and also Andrew Wong and Marcus Lavell of Keystone Law.
Also attending to provide evidence in support of application - Mr Andrew Bamber, Licensing Consultant
Cumulative Impact Area?
West End
Ward
St James’s
Summary of Application
This is an application to vary the licence for this restaurant so as to increase the hours of trading in the basement until 2.30 am with all licensable activities terminating at 2 am. The details are set out below and also indicate how the granting of this application will impact on what is already permitted. The premises are fully conditioned to operate as a restaurant in accordance with policy and there are no proposed changes in relation to the sale of alcohol.
According to the applicant, one of the main reasons for the application is that persons attending the premises to dine take a much longer time than a normal restaurant due to the “Chinese Hot Pot” style of cuisine where customers cook their own food.
Residents (and up to 5 bona fide guests per resident) from the adjacent hotel within the Trocadero development (the Zedwell Hotel) already have 24-hour access to these premises, though it was pointed out at the hearing that the hotel had not yet opened.
Retail Sale of Alcohol [On and Off sales] NO CHANGES PROPOSED
Monday to Thursday: 10.00 to 23.30
Friday and Saturday: 10.00 to Midnight
Sunday: 12.00 to 22.30
Sunday before BH 12.00 to Midnight
Residents and Guests 24 hours every day of the week
Late Night Refreshment [Indoors]
Monday to Thursday: 23.00 to 02.00
Friday and Saturday: 23.00 to 02.00
Sunday: 23.00 to 02.00
Sunday before BH 23.00 to 02.00
Residents and Guests 24 hours every day of the week
New Year’s Eve extension to start of licensable activities on New Year’s Day
Compared to existing hours [Indoors]
Monday to Thursday: 23.00 to 23.30 [plus 2.5 hours]
Friday and Saturday: 23.00 to Midnight [plus 2 hours]
Sunday: N/A [plus 3 hours]
Sunday before BH 23.00 to Midnight [plus 2 hours]
Residents and Guests No change
New Year’s Eve extension to start of licensable activities on New Year’s Day [No change]
Exhibition of Films
Monday to Thursday: 10.00 to 02.00
Friday and Saturday: 10.00 to 02.00
Sunday: 12.00 to 02.00
Sunday before BH 12.00 to 02.00
Residents and Guests 24 hours every day of the week
New Year’s Eve extension to start of licensable activities on New Year’s Day
Compared to existing hours [Indoors Only]
Monday to Thursday: 10.00 to 01.00 [plus 1 hour]
Friday and Saturday: 10.00 to Midnight [plus 2 hours]
Sunday: 12.00 to 22.30 [plus 3.5 hours]
Sunday before BH 12.00 to Midnight [plus 2 hours]
Residents and Guests No change
New Year’s Eve extension to start of licensable activities on New Year’s Day [No change]
Plays, Performance of Dance, Recorded Music and anything similar [All Indoors]
Monday to Thursday: 10.00 to 02.00
Friday and Saturday: 10.00 to 02.00
Sunday: 12.00 to 02.00
Sunday before BH 12.00 to 02.00
Residents and Guests 24 hours every day of the week
New Year’s Eve extension to start of licensable activities on New Year’s Day
Compared to existing hours [Indoors Only]
Monday to Thursday: 10.00 to 23.30 [plus 2.5 hours]
Friday and Saturday: 10.00 to Midnight [plus 2 hours]
Sunday: 12.00 to 22.30 [plus 3.5 hours]
Sunday before BH 12.00 to Midnight [plus 2 hours]
Residents and Guests No change
New Year’s Eve extension to start of licensable activities on New Year’s Day [No change]
Hours premises are open to the public
Monday to Thursday: 08.00 to 02.30
Friday and Saturday: 08.00 to 02.30
Sunday: 08.00 to 02.30
Sunday before BH 08.00 to 02.30
Residents and Guests 24 hours every day of the week
New Year’s Eve extension to start of licensable activities on New Year’s Day
Compared to existing hours
Monday to Thursday: 08.00 to Midnight [plus 2.5 hours]
Friday and Saturday: 08.00 to 00.30 [plus 2 hours]
Sunday: 08.00 to 23.00 [plus 3.5 hours]
Sunday before BH 08.00 to 00.30 [plus 2 hours]
Residents and Guests No change
New Year’s Eve extension to start of licensable activities on New Year’s Day [No change]
Representations Received
· Environmental Health (Sally Fabbricatore)
· Licensing Authority (Karyn Abbott)
· Clive Davidson, 5 Coventry House, 35 Haymarket
Brief summary of issues raised by objectors
· The main concern is about the potential for the additional hours to add to cumulative impact by operating for additional hours until 2.30 am.
Policy Position
There is no policy to refuse this application (as the proposal is for the premises to continue operating as a restaurant in accordance with policy RNT2). The application must, therefore, be determined on merit. There is no policy to refuse the application simply because the hours sought now exceed core hours. However, the applicant must still demonstrate why this application will not add to cumulative impact.
DECISION
Mr Grant introduced the application and explained the purpose of the application. The restaurant had opened in April 2019. It was a fine dining restaurant with an average spend of £50 per person. The restaurant catered for tourists but also for the local Chinese and Asian community. The focus of the restaurant was on food which is why this application was not seeking to extend the hours for the sale of alcohol. The restaurant will continue to operate pursuant to the Council’s full model licensing condition set out at condition 15 below. There had been no licensing issues since the restaurant had opened.
Customers of the restaurant expect to have a long, languid meal but that was not possible with the current licensing hours, especially as the restaurant was frequently very busy. Mr Grant explained that customers often had to wait for over two hours to get a table and it was not unusual for there to be at least 200 persons waiting in the queue. Mr Grant also explained that the premises was licensed and conditioned so as to provide a 24-hour service to customers of the adjacent Zedwell Hotel, though that hotel was not due to be completed for some time.
Neither the Environmental Health Service nor the Licensing Service had strong objections against the application, though it was acknowledged that the applicant had to demonstrate why any increase in licensable activities would not add to the existing cumulative impact in the area. There was some concern about the late hours being sought and that concern was clearly shared by the local residential objector, though he had not attended the hearing to amplify his concerns. Mr Grant did assert that the local resident might be pleased with the removal of queuing from the premises after 9 pm but it was also clear that the resident did have concerns as to potential for his sleep to be disturbed as a result of any extension of hours.
Mr Grant made a number of observations as to why this application would not add to cumulative impact. He pointed out that the existing operation had not caused any problems and that this proposal did not involve any increase in the hours for the sale of alcohol (though the members did note that customers might continue to consume alcohol for additional hours thereafter). Mr Grant also referenced the fact that they would be removing queues after 9 pm as people queuing would now be held within a waiting area on the ground floor of the premises. The applicant had further agreed to have SIA supervision at the premises from 7 pm, increasing to 2 supervisors from 11 pm. It was also agreed that there should be no new entry to the premises after 1 am.
Mr Grant finally noted that the police had withdrawn their objection upon the applicant agreeing to their additional proposed conditions.
The members had regard to all the written and oral submissions (including a letter of support from the Freeholder of the Trocadero) and also to the evidence contained within the report from Andrew Barber. He pointed out that there was no actual bar in the premises and his visit seemed to confirm that the focus of the restaurant and the clientele was, indeed, food and not drink. It was also noted that the operational style of this restaurant was one where customers cooked their own food at the table. However, all service was by a waiter or waitress. It was also important to notice that the restaurant itself was located in the basement. The ground floor operated as a retail unit and would be adapted to accommodate waiting customers but there would be no sale of alcohol or provision of late-night refreshment from that floor. Mr Grant was asked if consumption of alcohol was permitted on the ground floor. On taking instructions, he confirmed that they would like the option for alcohol to be served to the waiting customers on the ground floor.
Questions are often raised as to what might happen if a premises changes hands and a new operator takes over. That is always a risk, but it is also recognised that each case must be judged on its individual merits. As the premises were conditioned to operate as a restaurant and could not be drink led, there was no policy presumption to refuse the application. Members considered that the conditions should ensure that the premises will not add to cumulative impact, irrespective of the operator. A change in operator might be a greater concern for individuals living closer to the premises, such as the local resident who objected to this application. However, he would always have the potential to bring a review of the licence if he identified a problem that was directly associated with these specific premises.
The evidence suggested that the current operator was sophisticated and that it would manage the premises effectively so as to ensure that it did not undermine any of the licensing objectives. The members therefore concluded that the licensing objectives would be promoted by granting the application, subject to the additional conditions referred to. The members were also satisfied that the granting of this specific application would not add to cumulative impact.
A number of adjustments were made to conditions, all of which were discussed at the hearing. Conditions 11 and 12 below restrict access and egress to the premises via the adjacent hotel, albeit that the conditions cannot take effect until the hotel is completed and operational. The wording of condition 11 has been amended to clarify that access between 01.00 and 08.00 is also limited to the hotel residents and their bona fide guests.
The application is granted subject to the following conditions in addition to the Mandatory conditions applicable to this type of application:
It was noted that two additional mandatory conditions did have to be inserted on the licence that were not identified in the report as follows:
Additional Mandatory Condition as Film Exhibitions are included in Premises Licence
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this licensing authority as appropriate.
Additional Mandatory Condition relating to door supervision
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Special Conditions that will apply in addition to the Mandatory Conditions
Annex 3 – Conditions attached after a hearing by the licensing authority
11. Access to the premises between 01:00 and 08:00 shall only be via the internal door (as shown on the attached plans) from the adjacent hotel and shall be restricted to hotels residents and up to 5 bona fide guests per resident.
12. Egress from the premises between 02:30 and 08:00 shall only be via the internal door (as shown on the attached plans) from the adjacent hotel.
13. The supply of alcohol between the hours of 23:30 (Monday to Thursday), midnight (Friday and Saturday) and 22:30hrs (Sunday, midnight on Sundays before bank holidays) and 10:00 hours on the following day shall be limited to residents from the adjacent hotel and their guests. Hotel residents' bona fide guests shall be limited to a maximum of 5 guests per resident.
14. The provision of late-night refreshment between the hours of 02:00 and 10:00 hours shall be limited to residents from the adjacent hotel and their guests. Hotel residents' bona fide guests shall be limited to a maximum of 5 guests per resident.
15. The basement of the premises shall only operate as a restaurant:
(i) in which customers are shown to their table,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non-disposable crockery,
(iv) which do not provide any take away service of food or drink for immediate consumption,
(v) which do not provide any take away service of food or drink after 23.00, and
(vi) where alcohol shall not be sold or supplied for consumption on the premises, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
16. All sales of alcohol for consumption off the premises shall be in sealed containers and ancillary to a takeaway meal only and shall not be consumed on the premises.
17. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
18. There shall be no more than 280 customers (excludingstaff) in the basement of the premises at any one time.
19. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
20. All entrance doors and windows to be kept closed after 23:00 hours or when regulated entertainment is taking place except for immediate access and egress of persons.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
22. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
23. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
24. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
25. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
26. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day.
27. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
28. A Challenge 21 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
29. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
30. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
31. An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
32. There shall be no cinema style showing of films
33. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
34. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
35. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
36. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
37. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
38. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
39. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
40. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
41. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
42. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them unless seated in an authorised external area.
43. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
44. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
45. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
46. There shall be no sale of alcohol or provision of late-night refreshment from the ground floor.
47. SIA Staff will be deployed at the Premises as follows:
· 1 SIA Door Supervisor from 7pm to 11pm
· 2 SIA Door Supervisors from 11pm to 3am
48. There shall be no new entries to the premises after 1am until close, daily (notwithstanding the effect of conditions 11 to 14 above).
49. There shall be no queueing on the highway after 21:00hrs daily.
4th August 2020
Supporting documents:
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3. HaiDiLao Report_Redacted, item 3.
PDF 6 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted