This meeting was to discuss an application to review the premises licence of Royal China at 24-26 Baker Street in Marylebone. The Home Office requested the review on the grounds of the prevention of crime and disorder and of public safety.

Royal China, 24-26 Baker Street, W1U 3BZ

The Home Office requested a review of the premises licence of Royal China restaurant.

The Home Office's request was made on the grounds of the prevention of crime and disorder and public safety. The request was triggered by three visits by Immigration Enforcement officers to the restaurant, on 25 October 2018, 9 May 2019, and 10 May 2024. On each visit, officers encountered staff who did not have the right to work in the UK and arrested them. In total 20 members of staff were arrested over the course of the three visits. After the first two visits the Home Office issued civil penalties of £80,000 and £30,000 respectively, both of which were paid in full. At the time of the application, the Home Office's civil penalties team had told Westminster Council that a civil penalty of £360,000 had been issued as a result of the third visit.

The report included the following quote about the third visit by the Home Office:

Intended power of entry was by informed consent. Upon officers entering the front of the premises they were asked by the staff member behind the bar to wait for the manager to arrive. Whilst officers were waiting, 8 staff members attempted to escape from the premises via a lift at the rear loading area, another two members of staff fled via a rear staircase. 9 members of staff were arrested by the officers positioned at the rear and one male escaped... There were 29 staff members encountered in total, this time 9 more illegal workers were found. The illegal workers consisted of 6 Indonesian males who had overstayed their visas, 2 Malaysian males who had overstayed their visas and one Chinese female who was working in breach of her visit visa conditions. The workers were arrested and escorted off the premises. (Public reports pack 15th-Aug-2024 10.00 Licensing Sub-Committee 2)

In their request for a review, the Home Office stated:

The current operation of the premises is not in compliance with its legal requirements and fails to promote of the Licensing objectives. Despite our best efforts to try and drive compliance through engaging with the premises and by imposing civil penalties, it has had no meaningful lasting impact and the premises does not seem to be acting responsibly. (Public reports pack 15th-Aug-2024 10.00 Licensing Sub-Committee 2)

Representations in support of the Home Office's application for review were received from the Metropolitan Police Service, the Environmental Health Service, and an unnamed interested party.

The Licensing Authority also submitted a representation in support of the Home Office's application for review.

In their representation the Licensing Authority noted Westminster City Council's commitment to ending Modern Slavery and considered that the case raised concerns in relation to several of the licensing objectives, but particularly the prevention of crime and disorder. Their submission stated:

Paragraph 2.6 of the Revised Guidance issued under section 182 of the Licensing Act 2003 states The prevention of crime includes the prevention of immigration crime including the prevention of illegal working in licensed premises. Licensing authorities should work with Home Office Immigration Enforcement, as well as the police, in respect of these matters. (Public reports pack 15th-Aug-2024 10.00 Licensing Sub-Committee 2)

The Licensing Authority's submission noted that:

one worker reported that they worked washing dishes 11 hours per day, 6 days per week and earning £400 a week, (around £6 per hour compared to the minimum wage of £11.44 per hour)... Requiring someone to work 11 hours per day, 6 days per week and earning £400 a week, can easily fall within the definitions of modern day slavery and exploitation. (Public reports pack 15th-Aug-2024 10.00 Licensing Sub-Committee 2)

Concluding, the Licensing Authority's submission recommended that:

The Licensing Authority believe that supporting the Review application from the Home Office, seeking revocation of the premises licence, aligns with both Westminster City Councils commitment to ending modern day slavery and to promote the Licensing Objectives. Although it is not the only reason people are able to work on the premises without lawful immigration status, the fact the premises benefits from a premises licence plays a significant part. Revocation of this licence will help prevent further immigration offences being committed. (Public reports pack 15th-Aug-2024 10.00 Licensing Sub-Committee 2)

The report set out a range of options that were available to the Sub-Committee in making its decision, including modifying the conditions of the licence, excluding a licensable activity, removing the designated premises supervisor, suspending the licence, and revoking the licence.

The report author noted that the applicant, the Home Office, was seeking revocation of the licence.