Agenda item
HaiDiLao, Units 4 & 5, Trocadero, 13 Coventry Street, W1D 7AB
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 14 September 2023
Membership: Councillor Aziz Toki (Chair), Councillor Md Shamsed Chowdhury and Councillor Jim Glen.
Officer Support: Legal Adviser: Michael Feeney
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Emanuela Meloyan
Other Parties: Mr Craig Baylis (Solicitor, Keystone, on behalf of the Applicant), Ms Quinman Dai “Betty”, (General Manager of the Premises), Sally Fabbricatore (Environmental Health Service), Kevin Jackaman (Licensing Authority) and PC Tom Stewart (Metropolitan Police Service).
Application for Variation of a Premises Licence in respect of HaiDiLao Units 4 & 5 Trocadero, 13 Coventry Street, W1D 7AB 23/02707/LIPV
Full Decision
Premises
HaiDiLao
Units 4 & 5
Trocadero
13 Coventry Street
W1D 7AB
Applicant
UK Haidilao Pte. Ltd
Ward
St James’s
Cumulative Impact Area
West End Cumulative Impact Zone (“West End CIZ”)
Special Consideration Zone
None
Proposed Licensable Activities and Hours
Exhibition of Films on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday:12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: Noon-4am
Hotel residents and their bona fide guests: 00:00-00:00
Performance of Dance on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday:12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: Noon-4am
Hotel residents and their bona fide guests: 00:00-00:00
Playing of Recorded Music on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday:12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 04:00
Hotel residents and their bona fide guests: 00:00-00:00
Anything of a Similar Description to Live Music, Recorded Music or Performance of Dance on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday:12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 04:00
Hotel residents and their bona fide guests: 00:00-00:00
Performance of a Play on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday: 12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 04:00
Hotel residents and their bona fide guests: 00:00-00:00
Late Night Refreshment on Basement and Ground Floor
Monday to Sunday:23:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: Noon-4am
Hotel residents and their bona fide guests: 00:00-00:00
Sale by Retail of Alcohol On and Off Sales on Basement and Ground Floor
Monday to Saturday:10:00 to 04:00
Sunday:12:00 to 04:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 04:00
Hotel residents and their bona fide guests: 00:00-00:00
Hours Premises Are Open to the Public on Basement and Ground Floor
Monday to Sunday: 08:00 to 04:30
Opening hours shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 04:30
Hotel residents and their bona fide guests: 00:00-00:00
Summary of the Application
This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operates as a restaurant. The Premises have had the benefit of a Premises Licence at least since 2018. The current licence reference is 20/01462/LIPDPS and can be viewed at Appendix 2 of the agenda report along with the history at Appendix 3. The Applicant provided a supporting bundle which can be found at Appendix 1. The Applicant also submitted a witness statement from Qinman Dai in support of the application in the Additional Information Pack, which made amendments to the application.
There is a resident count of 33.
Representations Received
- Metropolitan Police Service
- Environmental Health Service
- Licensing Authority
Issues raised by Objectors
- It is our belief that if granted the application would undermine the four licensing objectives.
- The Licensing Authority proposed that model condition 66 apply to all areas of the Premises.
- The hours sought exceed Westminster’s Core Hours Policy, and it is for the Applicant to demonstrate that the operation of the Premises will not add to cumulative impact in the West End Cumulative Impact Zone.
- The extension of hours for Late Night Refreshment, alcohol and Regulated Entertainment may cause an increase in Public Nuisance in the Cumulative Impact Zone. The variation might also have an impact on public safety.
- The granting of the variation would have the likely effect of adversely affecting cumulative impact within the West End Cumulative Impact Zone and would likely undermine the licensing objective of the prevention of crime and disorder. The additional hours of alcohol consumption will likely lead to an increase in intoxication levels amongst the customers, who will be leaving the Premises at a time when crime levels and anti-social behaviour in the West End are at its highest.
Policy Considerations
The following policies within the City of Westminster Statement of Licensing Policy (“SLP”) apply: CIP1, HRS1 and RNT1:
Policy CIP1 states:
C Applications for other premises types within the West End Cumulative Impact Zone will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
Policy HRS1 states:
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:
Restaurants
Monday-Thursday: 9am to 11:30pm
Friday-Saturday: 9am to Midnight
Sunday: 9am to 10:30pm
Sundays immediately before a Bank Holiday: 9am to Midnight
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.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy RNT1 states:
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 applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone
5.The application and operation of the venue meeting the definition of a restaurant as per clause C.
C. For the purposes of this policy a restaurant is defined as:
1.A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2.Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption, except if provided via an ancillary delivery service to customers at their residential or workplace address.
4.Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons in ancillary to taking such meals.
5.The sale and consumption of alcohol prior to such meals may be in a bar area but must also be ancillary to the taking of such meal.
SUBMISSIONS AND REASONS
Mr Craig Baylis (Solicitor on behalf of the Applicant) outlined the application along with Ms Quinman Dai “Betty”, (General Manager of the Premises). He referred to his submissions in both the main Agenda Pack and Additional Agenda Pack which had been considered by the Sub-Committee and set out that the restaurant’s ethos was grounded in offering authentic culinary experiences where food takes centre stage. He outlined how numerous requests particularly from workers in Chinatown seeking an extension to the operating hours had been made as many restaurants closed after they finished work and they had no-where to go to eat except nightclubs or casinos in the Leicester Square area. He advised that the operational model naturally curtails excessive alcohol consumption.
Mr Baylis advised that to test the demand for the extension of hours twenty four Temporary Event Notices (TENs) had been applied for, granted and operated without any incident. He further advised that there had never been any complaints or allegations from local residents and/or the Metropolitan Police Service or Environmental Health Service in respect of the Premises.
Mr Baylis outlined that after discussions with the Responsible Authorities the Applicant had reduced the hours that they were seeking as follows:
· Sale of Alcohol: 02:00 daily terminal hour
· Sale of Late Night Refreshment: 03:00 daily terminal hour
· Provision of Regulated Entertainment: 03:00 daily terminal hour
· Closing: 03.30 daily
Mr Baylis added that the Applicant was also willing to have a condition placed on the Premises Licence stating that all activities had to be ancillary to the Premises being operated as a ‘hot-pot restaurant’ and that the last entry time to the Premises be at 01.30. He also offered the condition that only two alcoholic drinks be allowed to be sold after midnight however the Sub-Committee considered that this would be unenforceable by the City Inspectors. Mr Baylis advised that the Applicant was content to give up their ‘off sales’ of alcohol and that the Sub Committee, if they wished, could limit the capacity to 150 patrons after the time for last entry.
In response to questions from the Sub- Committee, Mr Baylis and Ms Quinman Dai described the style of operation of a ‘hot pot’ restaurant which included all table service. He confirmed that the Premises had an internal connection with the hotel next door but there was no commercial link. Mr Baylis referred to the Premises Plans and outlined how the main activities took place in the basement, how the Premises had a holding area for patrons, the capacity was approximately 280 patrons and that it offered a specific cultural authenticity and diversity for Soho and the Chinese Community. He emphasised that the Applicant was not disputing that there was noise nuisance, anti-social behaviour and criminal activity/gangs currently operating in the area, however they did not accept that this Premises was the source or contributed to these issues. Mr Baylis also confirmed that the Applicant would be willing to accept a condition restricting regulated entertainment to the type of entertainment associated with the operation of the Premises as a Chinese hot pot style restaurant.
Mr Kevin Jackaman, representing the Licensing Authority (LA) advised that the Licensing Authority had maintained their representation as the Premises were located within the West End cumulative impact area (CIA) and therefore falls under the Council’s Policies CIP1, HRS1 and RTN1. He outlined that the LA welcomed the Applicant’s proposed condition stating that all activities had to be ancillary to the Premises being operated as a ‘hot-pot restaurant’ and how the Council’s model restaurant condition MC66 on the Premises Licence would now cover the whole Premises. He advised that the LA noted that the Applicant had reduced their operational hours however they were still significantly beyond the Council’s Core Hours Policy and the Premises was located in the very busy West End CIA. He outlined that the any additional person in the CIA would add to the cumulative impact by definition and it was therefore for the Sub Committee to be satisfied that the Premises would not add to the cumulative impact within the West End.
Ms Sally Fabbricatore, representing the Environmental Health Service (EHS) advised that EHS had maintained their representation as the Premises were located in the West End CIZ and because of the request for an extension of hours for Late Night Refreshment and Regulated Entertainment. She echoed the submission from the Licensing Authority especially regarding the reduction in hours and the additional conditions: MC66 throughout the Premises and all activities needing to be ancillary to a hot pot restaurant. She confirmed that the Applicant had withdrawn the condition regarding the 24/7 use by the adjacent hotel and that restricting the sale of alcoholic drinks to two per person after midnight would be unenforceable. She outlined that the Premises already operated beyond Core Hours and there had never been any Public Nuisance complaints linked to the Premises. She confirmed that the Premises benefited from having a lobby area where patrons could wait to be seated in the restaurant.
In response to questions from the Sub-Committee, Mr Baylis noted that MC66 was already present on the current licence for the basement and was not proposed to be removed. Mr Baylis further drew the Sub-Committee’s attention to condition 46, which did not allow for the sale of alcohol or the provision of late-night refreshment from the ground floor; this ensure the ground floor would be used as a waiting area.
PC Tom Stewart, representing the Metropolitan Police Service (MPS), advised that the MPS had made their representation as the variation to the Premises Licence would likely undermine the the prevention of crime and disorder licensing objective as well as adversely effecting cumulative impact within the West End CIZ. He further advised, however, that a lot had changed since then and the Applicant had reduced the hours and agreed to additional conditions being added to the Premises Licence. This had mitigated the concerns of the MPS. He set out that the MPS welcomed the last entry of 01.30 and the reduction in capacity after last entry. He outlined how crime begins to rise from 22:00 hours onwards with the CIZ and that the Premise was located very near to one of the top crime spots within Soho. He welcomed how the Applicant had voluntarily offered to be part of the Compliance Regime operating within the CIZ where blind inspections took place every month to ensure the promotion of the licensing objectives . He confirmed that the Premises was not a crime generator, and the MPS had not had to engage with the Premises.
In response to questions from the Sub-Committee , PC Stewart said that there was not much of a difference in terms of cumulative impact if 280 people left at 02:30 or 150 people left at 03:30 Later hours meant that customers might be more intoxicated, but the crime rate was slightly less high at later hours. He said that he believed that compared to alcohol-led venues there was probably not a huge amount of intoxication at the Premises.
Mr Feeney, Legal Advisor to the Committee, discussed the wording of the agreed proposed conditions (if the application is granted), with all parties.
During his summing up, Mr Baylis stated that each application should be determined on in its own merits. He advised that the Premises was a food led establishment and that the rationale behind the application was to address the lack of provision for local employees working within Soho. He emphasised that the Premises already operated beyond Core Hours without complaint, that the twenty four TENs demonstrated that there was a demand for the extension of hours, that the Applicant had made concessions in terms of hours and conditions and most importantly this Premises could operate the extension of hours applied for without adversely effecting the West End CIZ.
Conclusion
The Sub-Committee has determined an application for Variation of a Premises Licence under the Act . The Sub-Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.
The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Guidance issued under section 182 of the Act and the City Councils SLP, in particular policies CIP1, HRS1 and RNT1.
The Sub-Committee welcomed that the Applicant during the hearing offered that all activities would be ancillary to a hot pot restaurant, that the last entry would be at 01:30 and the suggestion that capacity could be reduced to 150 patrons after midnight.
The Sub-Committee also welcomed the Premises’ use of a Dispersal Policy as this would help ensure the smooth running of the Premises particularly during the later hours of operation thereby minimising the risk of nuisance. The requirement of a dispersal policy is now conditioned on the Premises Licence.
The potential global effects of granting such an application were noted by the Sub-Committee. However, the Sub-Committee felt that there were mitigating circumstances as the Premises would be operating as a full restaurant with the Council’s Model Condition MC66 on the basement, the sale of alcohol and the provision of late-night refreshment would be restricted on the ground floor and the operation of the Premises would be restricted to that of a Chinese hot pot style restaurant. The evidence of the MPS was that the Premises as a hot pot style restaurant currently was not alcohol-led and was not a generator of crime.
It is accepted that any increase, no matter how small, in trading hours is likely to add to the Cumulative Impact by retaining patrons in the area for longer. However, this must be balanced with the nature of the operation, the lack of issues emanating from the operation of the Premises already beyond Core Hours, the appropriateness of the agreed conditions and the evidence given during the hearing. The Sub-Committee noted that TENs for hours later than those applied for had not generated any complaints or caused any issues. The Sub-Committee also noted that there were no representations from local residents.
The Sub-Committee also considered that removing the potential use of the Premises 24 hours a day by hotel residents and their guests would promote the licensing objectives in the West End CIZ. The Sub-Committee also placed weight on the fact that the variation would remove off-sales and that the capacity condition would reduce the Premises’ current capacity between 01:30to 02:30 from 280 to 150 (excluding staff). The evidence of the MPS was that there was not a significant difference between 280 people leaving at 02:30 and 150 people leaving at 03:30.
The Sub-Committee noted that all the Responsible Authorities were generally satisfied with the application, with the Responsible Authorities concluding that it was for the Sub-Committee to decide if the application would add to cumulative impact. For the reasons given above (and in accordance with policies CIP1, HRS1 and RNT1), the Sub-Committee concluded that the application would not add to cumulative impact. The extensive conditions offered by the applicant and imposed at the hearing were appropriate and proportionate to ensure that the licence promoted the licensing objectives.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -
1. To grant permission for:
Exhibition of Films on Basement and Ground Floor
Monday to Saturday:10:00 to 03:00
Sunday:12:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:00
Performance of Dance on Basement and Ground Floor
Monday to Saturday:10:00 to 03:00
Sunday:12:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:00
Playing of Recorded Music on Basement and Ground Floor
Monday to Saturday:10:00 to 03:00
Sunday:12:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:00
Anything of a Similar Description to Recorded Music or Performance of Dance on Basement and Ground Floor
Monday to Saturday:10:00 to 03:00
Sunday:12:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:00
Performance of a Play on Basement and Ground Floor
Monday to Saturday:10:00 to 03:00
Sunday:12:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:00
Late Night Refreshment on Basement
Monday to Sunday:23:00 to 03:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 23:00 to 03:00
Late Night Refreshment restricted to basement- see condition 39
Sale by Retail of Alcohol On Sales Only on Basement
Monday to Saturday:10:00 to 02:00
Sunday:12:00 to 02:00
All licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 02:00
Sale by Retail of Alcohol restricted to basement- see condition 39
Hours Premises Are Open to the Public on Basement and Ground Floor
Monday to Sunday: 08:00 to 03:30
Opening hours shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Sundays before Bank Holidays: 12:00 to 03:30
2. That the Licence is subject to any relevant mandatory conditions.
3. 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
11. 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 takeaway service of food or drink for immediate consumption
v) Which do not provide any takeaway service of food or drink after 23:00, and
vi) 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.
Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
12. 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.
13. 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.
14. 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.
15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
16. 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.
17. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18. 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.
19. No deliveries to the premises shall take place between 23:00 hours and 08:00 hours on the following day.
20. No collection of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day.
21. 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.
22. 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.
23. 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 and will include the external area immediately outside the premises entrance. 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 preceding 31-day period.
24. 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.
25. 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.
26. There shall be no cinema style showing of films.
27. 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.
28. 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.
29. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
30. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
31. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
32. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
33. 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 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.
34. 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.
35. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
36. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
37. 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.
38. 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.
39. There shall be no sale of alcohol or provision of late-night refreshment from the ground floor.
40. SIA Staff will be deployed at the Premises as follows:
(a) 1 SIA Door Supervisor from 7pm to 11pm
(b) 2 SIA Door Supervisors from 11pm to 4am
41. There shall be no queuing on the highway after 21:00 hours daily.
42. Licensable activities for the whole premises shall be ancillary to the use as a restaurant.
43. Patrons permitted to temporarily leave and then re-enter the premises after midnight, e.g. to smoke or make a phone call, shall be limited to 10 persons at any one time and shall be supervised by SIA Security.
44. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
45. The operation of the Premises shall be limited to that of a Chinese hot-pot style restaurant. All regulated entertainment shall be ancillary to the operation of the Premises as a Chinese hot-pot style restaurant.
46. There shall be no new entries to the Premises after 1:30am until close.
47. There shall be no more than 280 customers (excluding staff) in the basement of the Premises until 1:30am. From 1:30am until close there shall be no more than 150 customers (excluding staff) in the Premises (basement and ground floor).
48. A copy of the Premises’ dispersal policy shall be made readily available at the Premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
14 September 2023
Supporting documents:
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HaiDiLao final report_Redacted optimised, item 1.
PDF 17 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted