Agenda item
Broadwick Soho, 20 Broadwick Street, W1F 8HT
Minutes:
WCC LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 27 April 2023
Membership: Councillor Aziz Toki (Chair) Councillor Judith Southern and Councillor Melvyn Caplan.
Officer Support: Legal Adviser: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Ms Lana Tricker (Solicitor, for the Applicant (LT Law)), Mr David Monson (Proposed DPS), Mr Ken White (Witness for the Applicant), Ms Ayesha Bolton (Environmental Health Service), Ms Karyn Abbott (Licensing Authority), PC Steve Muldoon (Metropolitan Police Force), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing The Soho Society), Mr Tim Lord (Chair of the Soho Society and local resident) and Mr Rupert Power (Soho Business Alliance).
Application for a New Premises Licence in respect of Broadwick Soho 20 Broadwick Street London W1F 8HT 23/00942/LIPN
Full Decision
Premises
Broadwick Soho
20 Broadwick Street
London
W1F 8HT
Applicant
Broadwick Street Holdings Limited
Ward
West End
Cumulative Impact Area
West End
Special Consideration Zone
N/A
Activities and Hours Applied for
Supply of Alcohol (On and Off) the Premises
Sunday to Thursday 07:00 to 00:00
Friday to Saturday 07:00 to 00:30
Non-Standard timings NYE- from end of permitted hours on NYE to start of permitted hours on NYD (model condition) BST- add 1 hour after 01:00 (model condition)
Performance of Dance, Exhibition of Film, Performance of Live Music, Playing of Recorded Music,Anything of a Similar description
Sunday to Thursday 07:00 to 00:00
Friday to Saturday 07:00 to 00:30
Non-Standard timings NYE- from end of permitted hours on NYE to start of permitted hours on NYD (model condition) BST- add 1 hour after 01:00 (model condition
Opening Hours to Public
Monday to Sunday 00:00 to 00:00
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence in respect of Broadwick Soho 20 Broadwick Street London W1F 8HT (“The Premises”) under the Licensing Act 2003 (“The Act”). The Premises will operate as a five-star luxury hotel featuring 57 rooms and suites and an exemplary ancillary food and beverage offering. The hotel endeavours to become a valued addition to the local neighbourhood.
The hotel will have a lobby bar and restaurant set over two floors (the ground and lower ground floors) a seventh-floor lounge bar and terrace and a dining room on the eighth floor all open to both residents and the public. Additionally, a ground floor lounge for hotel guests will be present.
As the site is located centrally within London, there are extensive local facilities and public transport services available within a short walking/cycling distance. Facilities surrounding the site include London Underground Stations, restaurants, hotels, cafes, retail stores, bus stops and carparks.
The Premises are located within the West End Ward and West End CIZ. There is no policy presumption to refuse applications of this type within the West End CIZ and so the Applicant must prove that other policies will not be adversely affected when it comes to the determination of the application by the Sub-Committee.
There is a resident count of 56.
Representations Received
· Metropolitan Police Service (MPS)
· Environmental Health Service (EHS)
· The Licensing Authority
· The Soho Society
· Soho Business Alliance (in support of the application)
· Three Local residents (one of which is in support of the application)
Summary of Objectives
· Representation is made in relation to the application, as the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.
· The proposal made is likely to undermine the Prevention of Crime and Disorder licensing. Crime levels in the West End are extremely high. A new premises within this area will add to cumulative impact and such potentially increase crime figures.
· I thank the Applicant for taking the time to meet with me in person and for the time taken to show me around the various parts of the hotel that I had potential concerns with. I accept the conditions proposed by the Applicant and have suggested a further three. The Applicant is working on the wording of those and will no doubt submit these in due course.
· Currently the application is outside the licensing policy core hours for hotels. The Applicant must therefore demonstrate that they will not add to cumulative impact within the Cumulative Impact Zone. The Licensing Authority do not consider that the Applicant has satisfied this part of the policy and therefore maintains its representation. Should the Applicant address the points raised in this representation it will reconsider its position.
· The Soho Society objects to the application for licensable activities which fall outside the hotel core hours policy for the restaurants, bars and pre-booked events which are accessible to the general public. The application as currently presented will fail to promote the licensing objectives and increase cumulative impact in the West End Cumulative Impact Zone.
· We are concerned that granting any new licences in this area will have an impact on the licensing objectives, Soho has the highest concentration of licensed premises in Westminster, 478 with a large proportion (25%) being late night licences. There are 118 licensed premises between the hours of 1am - 6am, with a capacity of over 22,480. The area is densely populated at night with people creating loud levels of noise causing disturbance, alongside an increase in crime, disorder and anti-social behaviour.
· Previously a street with few licensed premises we note this is the third application for a new alcohol licence since 2022, all within a small section of Broadwick Street from the junction of Wardour Street to Berwick Street. Past midnight this street is relatively quiet and where residents live, the addition of a new hotel with a considerable food and drink offering and open to the public beyond core hours will have a negative impact.
· The terminal hours of the restaurants, bars, and pre-booked event space falls outside the policy unlike comparable hotels in Soho, for example the Ham Yard Hotel and Soho Hotel where the restaurants close between 10.30pm and 11pm, and the bar at Ham Yard at 11pm.
· In relation to Flute the 7th floor bar, we take into consideration the conditions that the bar will not be advertised external to the building, and there will be no direct access to the 7th floor, however, the fact remains that this is a bar in Soho with a capacity of 140 and for events its even higher at 175 where the condition of waiter service and patrons being seated will not apply. It also includes a significant external terrace accommodating 71 people which is a huge selling point and highly popular with members of the public. Overall, this is an increase of 140 drinking until 10pm, and following the closure of the terrace 80 patrons will be permitted to consume alcohol until 1am.
· In our view the premises being a high-end hotel does not protect it from members of the public attending the bar or an event and from drinking to excess, becoming intoxicated and on leaving the hotel creating havoc in the street. This is a late-night bar open to the public until 1am in an area already under such stress it has been declared a cumulative impact zone with high levels of crime and disorder and noise nuisance.
· We find no justification to grant any licences in Soho beyond Westminster’s own Core Hours Policy.
· We highlight a number of conditions which raise concern and we ask they are amended to protect the residents living in this area.
· There are real concerns amongst residents about the ever increasing numbers of licensed premises, they have been subjected to noise disturbance and anti-social behaviour that is be-yond acceptable levels. They are disturbed by the late night activity as people walk by either shouting, screaming or arguing, noise from pedicabs, car doors slamming, horns honking and are subjected to anti-social behaviour with people vomiting and urinating in the street and in their doorways.
· This hotel and bar are directly opposite our residential block, which contains 78 apartments. We live on the top floor, Apartment 13, Soho 13. Not only has the bar been designed such that we have a clear view in from all our rooms but the noise that will be created late at night will be intolerable. The noise from the large bar item will be bad enough but for there to be live music licensed each night will make the noise unbearable. My understanding when the planning application for the hotel first went through was that there would not be a late licence and it would be alarming if this were to be changed now.
· As a local resident, I am concerned about the impact this new hotel will have on the safety of pedestrians. The high volume of foot traffic in our area, coupled with the increased traffic from the hotel will undoubtedly result in an increased risk of traffic accidents. Furthermore, the proposed hotel will lead to an increase in the amount of alcohol consumption in the area which will have a detrimental effect on the quality of life of residents.
· Finally, the construction and operation of the hotel will cause significant disruptions to the daily lives of residents.
· The Soho Business Alliance would be grateful for the Licensing Authority’s consideration of this representation in support of this application, based upon the promotion of all four licensing objectives.
· The hotel will be extremely welcome addition to Soho, transforming a previously dilapidated building into a beautiful, multi-faceted space that can be enjoyed by both visitors and residents. It will enliven the corner of Broadwick Street, invigorating the area and improving security on the streets at night. And in keeping with Soho tradition, it will be independently run.
· The dining and leisure options at the hotel will help to further cement Soho’s position as a culinary and cultural capital; fresh investment like this - in new spaces with new ideas - is crucial in ensuring Soho maintains its cachet. The broad range of new employment opportunities should also weigh heavily in the licensing decision, with approximately 160 full-time positions promised. Far from adding to Cumulative Impact, the hotel’s clientele and staff will enhance the locality, and its economy. Given the nature of the proposed operation, safeguarded as it is by a comprehensive schedule of model licensing conditions and hours, and a rigorous Operational Management Statement (as mandated by the planning), the Soho Business Alliance are confident that the applicant will promote the Licensing Objectives in Soho without adding to Cumulative Impact.
Policy Considerations
Policies CIP1, HRS1 and HOT1 (B) apply under the City Council’s Statement of Licensing Policy (“SLP”).
CIP1
A. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone for: pubs and bars, fast food
premises, and music and dancing and similar entertainment, other
than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
HRS1
A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
10a. Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to Midnight. Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to Midnight.
10b. Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises)
Monday to Saturday: 8am to
11pm. Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the
premises and therefore the maximum opening hours permitted will be
to the same start and terminal hours for each of the days where
licensable activity is permitted.
HOT1 (B)
Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The sale by retail of alcohol, regulated entertainment and late-night refreshment must be an ancillary function to the primary purpose of the venue as a hotel.
5. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
6. The application and operation of the venue meeting the definition of a Hotel as per Clause C. C. For the purposes of this policy a Hotel is defined as a premises that is primarily used as an establishment providing overnight accommodation for customers.
Mr Kevin Jackaman outlined the application to the Sub-Committee. He advised that representations had been received from the EHS, MPS, the Licensing Authority, The Soho Society, Soho Business Alliance (in support of the application) and three local residents (one of whom was in support of the application). He advised that the Premises is located within the West End Ward and the West End CIZ. He confirmed that additional submissions from the Interested Parties had been circulated to the Sub Committee.
Ms Lana Tricker (Solicitor on behalf of the Applicant) outlined the application before the Sub-Committee. She advised that Broadwick Soho was a luxury five star hotel with 57 luxury rooms and it was the Applicant’s vision to provide a premium service and facilities to both overnight guests and non-residents who use its public facilities. Ms Tricker advised that there had been extensive consultation with residents and the Responsible Authorities and the Applicant had sought pre-application advice from the EHS. She added that discussions had taken place with local residents regarding both licensing and planning issues and these discussions would continue when the hotel was open in October 2023. She stated that all staff would undertake a 14 week course covering all aspects of the Licensing Act 2003 and all key management and security staff would complete the WAVE training.
Ms Tricker advised that the grant of the application was consistent with Westminster’s relevant licensing policies: Hotel Policy HOT1, Restaurant Policy RNT1 and Bar Policy PB1. She advised that the Applicant had included a detailed management plan and dispersal plan detailing how the Applicant would operate the hotel and control the arrival and dispersal of customers.
Ms Tricker emphasised that the ninety robust conditions that had been offered and agreed with the Responsible Authorities should alleviate resident’s concerns. She advised that the building had been acoustically treated and there would be no loudspeakers located outside or within the lobby. She further advised that 98 CCTV cameras would be installed inside and outside of the Premises and SIA security staff would be in attendance. She confirmed that the Premises would operate primary as a hotel and the Applicant had agreed to the Council’s model hotel condition.
Ms Tricker explained the layout of the Premises to the Sub-Committee as follows:
- That the hotel would be accessed from Broadwick Street and the foyer would be public facing. As well as the hotel reception there would be a café/restaurant area which would be open to both hotel guests and non-residents. Guests would be greeted on entering the hotel where there were two lifts to take guests straight up to the 7th and 8th floors.
- That the two new basement levels had been excavated and the three subterranean floors would accommodate plant equipment, a kitchen, back of house facilities and a more formal restaurant called Dear Jackie which would be open to both hotel guests and the public and operated under the Council’s Model Restaurant condition MC66. A limited number of private events would be held in this space. There would also be a Rear Ground Floor Hotel Lounge called The Nook offering coffee and cocktails for hotel guests only.
- That the 57 hotel rooms would be located on the first to sixth floors and the price for an overnight stay ranged from £605 per night to £6,495 per night for the penthouse suite.
- That on the seventh floor, the restaurant and bar known as the Flute would have a wraparound outdoor terrace offering guests spectacular views over the Soho Streets. This terrace would close at 10pm and guests would then only be allowed out on the terrace to smoke (without drinks). Guests would be served by way of waiter/waitress service only and the capacity would be 170 persons reducing to 80 persons when the terrace closed. An SIA would be available from 8pm.
- That on the eighth floor the restaurant and bar would be known as the Dining Room which could seat up to 22 guests and offered stunning views of the city. Guests would be serviced by way of waiter/waitress service only and the Applicant would be promoting this room for a variety of different purposes such us for private dinning or dinner functions. Some events would have live entertainment or music and dancing and that was why the Applicant had requested regulated entertainment to be included in the Premises Licence.
Ms Tricker explained that all events would be managed by the hotel team, that the Applicant would continue to engage with the community and that the extensive conditions to be attached to the Premises Licence would alleviate resident’s concerns. She advised that this would be a high-end quality hotel and that £95 million had been spent on redeveloping the site. She outlined that it would not add to cumulative impact in the West End or create further anti-social behaviour on the streets. She explained that all planning permissions had been granted with the exception of the seventh floor which was still subject to a minor variation planning application. She outlined that the Applicant needed the ability to hold private events to generate income and emphasised that the Council’s model restaurant condition MC66 would be attached to the Premises Licence. She added that risk assessments would regularly take place and the robust noise management plan, dispersal plan and operating schedule would ensure the promotion of the licensing objectives.
Mr Kenneth White, local resident, advised that he was very much in support of the application and considered the hotel would bring versatility to the West End and boost the local economy.
In response to questions from the Sub Committee, Ms Tricker advised that the Applicant had spent a great deal of time with the Environmental Health Service discussing the Premises plans and the conditions that needed to be attached to the Premises Licence. She confirmed that the Applicant had agreed all the proposed conditions. She emphasised that the Premises falls within the Council’s Hotel Policy HOT1 and its primary use was a hotel. She further confirmed that the hotel had a number of different areas within it and these had been conditioned accordingly. She confirmed that after discussions with the Interested Parties this morning that a condition had been agreed with all parties that restricts smokers taking drinks onto the terrace after 22:00 and that the Applicant was content to reduce the numbers of bona fide guests of hotel guests to 4 persons.
Ms Karyn Abbott representing the Licensing Authority, advised that the Premises was located within the West End Cumulative Impact area and the hours sought were beyond the Council’s Core Hours Policy. She confirmed that the application was consistent with Westminster’s relevant licensing policies: Hotel Policy HOT1, Restaurant Policy RNT1 and Bar Policy PB1 and that the Applicant had applied for extensive pre-application advice. She requested that the following condition be added to the Premises Licence
‘Patrons permitted to temporarily leave and then re-enter the smoking area on the 7th floor after 22:00, e.g., to smoke or make a phone call, shall not be permitted to take drinks or glass containers with them’.
Ms Abbott advised it was, for the Sub-Committee to be satisfied that there was an exception to the Council’s Licensing Policy.
PC Steve Muldoon, representing the Metropolitan Police Service, advised that the MPS had maintained their representation so they could attend the Licensing Sub Committee to answer Members’ questions. He confirmed that the Applicant had sought pre-application advice and the Applicant had agreed to all the Police’s proposed conditions. He referred to the Police’s written submission contained at Appendix 6 of the report which set out the crime statistics for this particular area of the West End. He confirmed that he considered there were no further conditions that could be added to the Premises Licence to promote the licensing objectives.
Mr Richard Brown, Solicitor, Westminster’s Citizens Advice representing The Soho Society, advised that the Soho Society had no objection to the application being granted as all licensable activities would be ancillary to the Premises being operated as a hotel. He explained, however, that the Soho Society requested that the Sub Committee grant all licensable activities up to core hours only in the first instance to see how the Applicant operates the Premises and because of the compelling evidence contained in the Soho Society’s (the sleep survey) and the Metropolitan Police Forces (crime figures) submissions. He emphasised that no amount of good management within the hotel could prevent the crime and disorder and anti-social behaviour in the Cumulative Impact Area. He outlined that although the hotel may have installed triple glazed windows most local residents would not have the luxury of such windows. He advised that there was some vertical drinking in the hotel which was also a concern to the Soho Society. Mr Brown advised that he welcomed the additional condition suggested by the Licensing Authority.
Mr Lord referred to the vast amount of street drinking in the street and how the demographic had changed since COVID. It had typically been middle aged men who came for drinks on Thursday or Friday night after work and who left around 9pm to go home. However, the area has now attracted a much younger crowd who liked to carry on drinking as long as possible. He advised that he considered that it was reasonable for residents to request granting the application to core hours only. He confirmed that the Applicant had engaged with the residents and they could not have done a better job in keeping them up to date on the site. He confirmed that most residential buildings did not contain triple glazing because the buildings were controlled by the conservation rules so there was a limit to what residents could do regarding sound proofing their properties. He outlined the difficulties of controlling drunk and disorderly people once they left licensed premises.
Mr Rupert Power, representing the Soho Business Alliance, advised that given the natural of the proposed operation and the comprehensive schedule of model licensing conditions the Soho Business Alliance were confident that the Applicant would promote the Licensing Objective in Soho without adding to the Cumulative Impact of the West End area.
Mr Horatio Chance, Legal Advisor to the Sub Committee, discussed conditions with all parties regarding private and pre-booked events, leaving and re-entering the smoking area on the seventh floor and making the licence personal to the Applicant. Ms Tricker confirmed that the Applicant agreed to these proposed conditions.
During his summing up, Mr Brown requested that the Sub Committee grant the application in accordance with the Council’s core hours policy.
During her summing up, Ms Tricker referred the Sub Committee to the planning permission that was in existence for the Premises and emphasised the extensive conditions that would be attached to the Premises Licence. She advised that the Applicant had gone even further and restricted the number of bona fide guests of hotel guests to 4 persons. She referred to the condition which stated that the Premises must operate primary as a hotel and explained that the Applicant would not create noise nuisance. She concluded by advising that it was the Council’s presumption to grant such an application under the Council’s hotel policy and that the EHS had advised that they were satisfied with the application.
The Sub-Committee welcomed that the Applicant had obtained pre-application advice and had worked well with the Responsible Authorities and engaged effectively with residents in reaching agreement regarding the set of comprehensive conditions now imposed on the licence.
The Sub-Committee noted that there was no presumption to refuse the application as the Premises primary use was to operate as a hotel and therefore the application was considered under Policies HOT1 and HRS1 of the Council’s SLP. The Sub Committee noted that the Applicant had agreed to the Council’s Model Restaurant Condition MC66 in respect of the Flute room which was to be a bar and restaurant.
The Sub-Committee having carefully considered the matter and the evidence before it decided to grant the Premises Licence with the licensable activities and hours applied for noting the terminal hour 00:30 Friday and Saturday. It did not consider it appropriate to grant core hours due to having heard the oral submissions from Ms Tricker into the daily running of the Premises and the robust management practices the Applicant was to employ as well as the many offered conditions which would have the desired effect of promoting the licensing objectives.
The Sub Committee decided to include two further conditions regarding pre-booked private events to be kept within the control of the Premises Licence Holder and the Terrace area where drinks are not to be taken after 22:00 hours. The Applicant is to supply a revised premises plan demarking the smoking area by reference to cross hatching. Bona fide guests have now been reduced to 4 with the agreement of the Applicant.
The Sub-Committee concluded based on the evidence and the agreement by the EHS that they were content with the application, together with the offer of conditions would ensure the application would not undermine the licensing objectives.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objectives.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives: -
1. To grant permission for the Sale by Retail of Alcohol (On and Off Sales) Sunday to Thursday 07:00 to 00:00 hours and Friday to Saturday 07:00 to 00:30 hours
Non-Standard timings NYE- from end of permitted hours on NYE to start of permitted hours on NYD (model condition) BST- add 1 hour after 1am (model condition)
2. To grant permission for Performance of Dance, Exhibition of Film, Performance of Live Music, Playing of Recorded Music,Anything of a Similar description Sunday to Thursday 07:00 to 00:00 hours and Friday to Saturday 07:00 to 00:30 hours.
Non-Standard timings NYE- from end of permitted hours on NYE to start of permitted hours on NYD (model condition) BST- add 1 hour after 1am (model condition
3. To grant permission for the Opening Hours for the Premises to the Public
Monday to Sunday 00:00 to 00:00
4. That the Licence is subject to any relevant mandatory conditions.
5. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
6. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a five-star luxury Hotel.
7. The Sale and supply of alcohol between the hours of 07:00 and 10:00 Monday to Sunday where permitted shall be limited to persons seated taking a table meal except for hotel residents and up to 4 of their bona fide guests.
8. There will be no self-service of alcohol except in the guest bedrooms.
9. There shall be waiter/waitress service available throughout the entire premises with the exception of hotel bedrooms.
10. The reception desk on the ground floor shall be staffed at all times the premises are in operation.
11. There shall be no advertising of the bar facilities or alcohol sales external to the premises building.
12. The exhibition of film is permitted in the hotel bedrooms and as an ancillary to other licensable activities throughout the premises.
13. Between the hours of 20:00 and 01:30 there shall be a personal licence holder on the premises whenever alcohol is sold at the premises.
14. From 20:00 until the close of all public restaurant/lounge spaces a minimum of 2 SIA licensed door supervisors shall be on duty at the premises at all times whilst it is open to the public, who will be wearing distinctive uniforms. Such door supervisors shall be trained in conflict management. Further door supervisors shall be provided on a risk assessed basis
15. 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 are 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.
16. 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 are 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.
17. 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 e equipment g. any refusal of the sale of alcohol h. any visit by a relevant authority or emergency service.
18. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
19. 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.
20. 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.
21. 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, Premises Management 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 Service 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.
22. A direct telephone number for the manager of the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
23. From 19.00 the licence holder or duty manager shall make regular patrols at no less than hourly intervals around the perimeter of the premises when regulated entertainment is taking place
24. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to designated smoking areas on the ground floor and supervised by staff after 22:00. All designated smoking areas shall be monitored by CCTV.
25. Smokers shall be limited to 10 persons at any one time in the designated smoking area on the ground floor, as hatched in red.
26. 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.
27. The licence holder shall implement a dispersal and outdoor management policy. This policy shall deal with, as a minimum, the entry and entrance of patrons and staff to the Hotel, the management of smoking areas and the duty of staff and security to ensure the prevention of public nuisance is being upheld. This policy shall be made available to local residents and responsible authorities upon request. All necessary staff, including security shall be trained on the contents and implementation of the dispersal policy and records of training shall be retained by the licence holder. The dispersal policy shall be reviewed regularly, at least annually, or whenever a complaint is received (whichever is the earlier) and thereafter amended if needed to respond to such complaint.
28. A Challenge 25 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. Other than in hotel bedrooms there shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
30. Substantial food and non-alcoholic beverages including drinking water shall be available in all parts of the premises where alcohol is sold or supplied for the consumption on the premises.
31. There shall be no sales of hot food or hot drink to the public for consumption 'Off' the premises after 23:00 hours
32. All sales of alcohol for consumption ‘Off’ the premises to the public shall be either (a) in sealed containers or (b) restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway, and where the supply of alcohol is by waiter or waitress service only
33. Prior to any event/function being taken at the premises a risk assessment for that event/function shall be undertaken which will address as a minimum entrance and dispersal of patrons, provision and service of alcohol and the monitoring of consumption of alcohol and whether the provision of SIA shall be required. This risk assessment shall be retained at the premises for 31 days after the event takes place and must be made available on request to the Responsible Authorities and signed off by a person with management responsibilities and must contain information and assessments, as a minimum, on the following aspects where relevant:
i. Details of responsible persons present including at least one person with management responsibilities of the licence holder
ii. Stewarding
iii. Ticketing and entrance check arrangements, e.g., bag search
iv. Non-glass drinking receptacles
v. Emergency Evacuation
vi. Maximum Capacity for the function space
vii. Temporary Structures including any licensing requirements
viii. Use of Special effects such as dry ice, cryogenic fog, smoke machines, firearms, pyrotechnics, real flame, strobe lighting, lasers etc
ix. Noise Management Plan including arrival and dispersal arrangements.
34. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
a. The police (and, where appropriate, the London Ambulance Service) are called without delay.
b. All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police.
c. The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and
d. Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
35. No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public.
36. 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.
37. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours or as in compliance with Westminster City Council’s own waste contractor collection hours.
38. No deliveries to the premises shall take place between 23:00 hours and 07:00 hours on the following day.
39. All waste shall be stored internally prior to collection.
40. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
41. No licensable activities shall take place at the premises until the Environmental Health Consultation Team has determined the capacity of the premises and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined
42. The licence holder, duty manager or member of security shall make regular patrols at no less than hourly intervals around the perimeter of the premises when regulated entertainment is taking place.
43. Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given. a. dry ice and cryogenic fog b. smoke machines and fog generators c. pyrotechnics including fireworks d. firearms f. lasers g. explosives and highly flammable substances f. real flame g. strobe lighting.
44. 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.
45. 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.
46. All emergency doors shall be available at all material times without the use of a key, code, card or similar means.
47. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
48. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
49. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
50. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
51. Flashing or particularly bright lights on or outside the premises shall not cause a nuisance to nearby properties, save insofar as they are necessary for the prevention of crime.
52. The premises may remain open for the sale of alcohol, regulated entertainment and the provision of late-night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
53. On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.
54. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
55. The licence will have no effect until the Licensing Authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyors Association – technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the licence.
56. Loudspeakers shall not be located on any terraces or outside the building.
Conditions specific to the lower ground and ground floor restaurant area, alsoknown as Dear Jackie
57. With the exception of condition [62], the ground and lower ground hotel restaurant shall only operate as a restaurant,
(i) in which customers are shown to their table or the customer will select a table themselves,
(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,
(iv) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(v) where alcohol shall not be sold or supplied, 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.
(vi) For the purpose of this condition ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
(vii) Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
58. The sale of alcohol in the restaurant shall be to persons seated at tables and as ancillary to table meals as per condition [61] except to:
a)persons in the holding bar area hatched on the plans at Annex 4 and limited to 8 persons, where alcohol may be supplied and consumed prior to their meal.
b)persons attending a bona fide pre-booked private function to which members of the public cannot attend.
c)hotel residents and their bona fide guests.
d)Employees, Performers and/or Artistes and their bona fide guests.
59. The restaurant shall be laid out as a restaurant except when there is a pre-booked private function.
60. With the exception of the holding bar area, as hatched in condition [56] the supply of alcohol in the restaurant shall be by waiter or waitress only.
61. A register of persons attending any private prebooked events shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31 day period. A register will not be required for “drop in” events such as exhibitions or auctions.
62. The number of persons permitted at any one-time (excluding staff) shall not exceed [100] persons.
Conditions specific to the 7th floor, also known as Flute
63. The sale and supply of alcohol shall be by way of waiter/waitress and only to seated customers, with the exception that seated and standing customers may be served at the bar in the area hatched on the plan. There shall be a minimum of 8 seats at the bar
64. Condition [67] shall not apply to persons attending a private pre-booked function to which members of the public have no access, a list of which shall be retained for a period of 31 days and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31 day period
65. The main terrace hatched in red on the 7th floor shown on the approved plan at Annex 4 shall not be used between 22:00 and 07.00.
67. The smoking terrace hatched in green on the approved plan at Annex 4 shall not be used between 23:00 and 0700 Sunday to Saturday
68. Entrance to the 7th floor for patrons shall be via a reception/host
69. From 20:00 there shall be a minimum of 1 door supervisor on duty dedicated to the 7th floor, unless otherwise agreed in writing with the Westminster Police Licensing Team. Further door supervisors shall be provided on a risk assessed basis
70. A register of persons attending any private prebooked events shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31 day period. A register will not be required for “drop in” events such as exhibitions or auctions.
71. With the exception of private prebooked events to which members of the public are not invited, the number of persons permitted at any one-time (excluding staff) shall not exceed (140) persons.
72. With the exception of private prebooked events to which members of the public are not invited, after 22.00 thenumber of persons permitted at any one-time (excluding staff) shall not exceed (80) persons.
73. When the 7th floor operates for a private prebooked event to which members of the public are not invited thenumber of persons permitted at any one-time (excluding staff) shall not exceed {175) persons
Conditions specific to the 8th floor, also known as The Dining Room
74. With the exception of condition 78, the 8th floor shall only operate as a restaurant/private dining room,
(i) in which customers are shown to their table or the customer will select a table themselves,
(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,
(iv) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(v) where alcohol shall not be sold or supplied, 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.
(vi) For the purpose of this condition ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
(vii) Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
75. The sale of alcohol shall be to persons seated at tables and as ancillary to table meals (in accordance with condition 77) except:
a) persons attending a bona fide pre-booked private function to which members of the public cannot attend; and/or
b) to hotel residents and their bona fide guests (up to a maximum of 5 guests per resident); and/or
c) guests of the proprietor; a list of such guests shall be maintained at reception and/or
d)Employees, Performers and/or Artistes and their guests.
76. Entrance to the 8th floor for patrons shall be via a reception/host
77. A register of persons attending any private prebooked events shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31 day period. A register will not be required for “drop in” events such as exhibitions or auctions.
78. The 8th floor shall be laid out as a restaurant except when there is a private pre-booked function to which members of the public have no access on this floor.
79. The supply of alcohol shall be by waiter or waitress only.
80. The number of persons permitted at any one-time (excluding staff) shall not exceed 30 persons.
81. When the 8th floor operates for a private prebooked event to which members of the public are not invited thenumber of persons permitted at any one-time (excluding staff) shall not exceed {50) persons.
Rear ground floor Hotel Lounge known as ‘The Nook’
82. Licensable activities in the rear ground floor Hotel Lounge, shall only be to:
a. residents of the hotel and their bona fide guests (up to a maximum of 5 guests per resident).
b. guests of the proprietor; a list of such guests shall be maintained at reception.
c. Artistes or persons employed on the premises.
d. Proprietors, directors, shareholders and management of the operating company and their bona fide guests.
e. persons attending a bona fide pre-booked private function to which members of the public cannot attend.
f. persons who are having a substantial table meal in the ground/basement restaurant known as Dear Jackie
83. A register of persons attending any private prebooked events shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31 day period. A register will not be required for “drop in” events such as exhibitions or auctions.
84. The sale and supply of alcohol shall be by waiter or waitress service and only to seated customers except when there is a private pre-booked function in this area of the Hotel
85. The rear ground floor Hotel Lounge, shall close to non-hotel residents and their bona fide guests between the hours of [00.00 -0700 Sun-Thurs and 00.30 -0700 Fri-Sat]
86. The number of persons permitted at any one-time (excluding staff) shall not exceed 45 persons.
87. There shall be a written training document/policy for dealing with 'vulnerable people'. This document/policy shall be reviewed every year on or before 1st April and signed each year as current by the DPS.
88. The premises licence holder shall ensure that the management team and all relevant staff as agreed with the Police Licensing Team, at the premises complete the nationally recognised counter terrorism training product referred to as ACT eLearning package within 3 months of the licence becoming operational.
89. The premises licence holder shall ensure that the management team and all relevant staff as agreed with the Police Licensing Team, at the premises complete Welfare And Vulnerability Engagement (WAVE) training within 3 months of the licence becoming operational.
90. All private and pre-booked events held at the premises shall be managed and kept within the control of the premises licence holder at all times.
91. Patrons permitted to temporarily leave and then re-enter the smoking area on the 7th floor after 22:00, e.g., to smoke or make a phone call, shall not be permitted to take drinks or glass containers with them.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
27 April 2023
Supporting documents:
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LSC Report - Broadwick Soho_Redacted, item 1.
PDF 12 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted