Members are reminded to consider the categories of interest in the Code of Conduct for Members to determine whether they have an interest in any agenda item and any action they should take. For further details, please see the attached note from the Monitoring Officer.

Members are reminded to declare the nature of the interest and the agenda item it relates to. Please note that ultimately it’s the Members’ responsibility to declare any interests form and to update their register of interest form as required by the Code.

If in doubt as to the nature of your interest, you are advised to seek advice prior to the meeting by contacting the Monitoring Officer or Democratic Services

There were no declarations of disclosable pecuniary interest made.

To confirm the minutes of the meeting of the Licensing Committees held on 19 December 2019 and 23 June 2020 as an accurate record of the proceedings.

The minutes of the Licensing Committee held on 19 December 2019 and 23 June 2020 were agreed as a correct record of proceedings.

The order of business was varied by the Chair, for ease of reference the minutes are in the agenda order.

At the request of the Chair, Mr Kamal Miah, Environmental Health Officer introduced the report and explained that the Licensing and Safety Team were objecting to the application to renewal of the special treatment licence for Sunflower London Ltd, trading as Healthcare,21 Wentworth Street, London E1 7TB following evidence obtained that services of a sexual nature were being offered by the business at the premises.

It was noted that the business was prosecuted by the Council for breaches of their special treatment licence. The case was considered by the Thames Magistrates Court on 10 April 2019 when the Company pleaded guilty to the two charges of breaching its special treatment licences.

Mr Miah briefly referred to the reasons for the objection and explained that these would be further explained by the Environmental Health Officer during her submission. Members were then referred to the grounds in which the Council can refuse a renewal application under the London Local Authorities Act 1991.

Members then heard from Mr Richard Barca, Legal representative on behalf of the Applicant and stated that he wished to seek an adjournment on the basis that the Applicant Ms Xiao Qin Song was still in China due to the Coronavirus pandemic, as well as this Ms Song was also having issues with renewing her visa to enter the UK as the consulate were not processing any visa applications currently. On that basis he requested for an adjournment for the hearing of this application as the applicant would not be present to make a submission or answer any questions.

In response to questions from Members the following was noted;

-       That this application had been adjourned once before during March 2020 as the Applicant was in China (during the pandemic outbreak)

-       That other means of participating in the meeting were offered to the Applicant, i.e. video call, telephone call, written submission or have a representative to participate on her behalf.

-       That the Applicant was currently limited to accessing IT applications from China.

-       That the application was to determine if the applicant was a fit and proper person so it was important for the applicant to be present.

-       Mr Barca was unable to give assurance to the Committee on when Ms Song would return as there was no date for return.

-       It was noted that the premises was currently operating in the applicant’s absence.

Members deliberated and took a vote and the decision was unanimous. The Licensing Committee AGREED to proceed with the hearing in the Applicant’s absence.

At the request of the Chair, Ms Charlotte Basten, Environmental Health Officer referred to her objection statement on page 41-42 of the agenda and explained that  Sunflower London Limited was prosecuted at Thames Magistrates Court on 19^th April 2019.The Company pleaded guilty to the two charges of breaching its special treatment licence conditions.

The business has been investigated and found to be offering services of a sexual nature to customers. A test purchase operative from a company  ...  view the full minutes text for item 3.1

Mr Tom Lewis, Team Leader, Licensing, introduced the report and explained that the new off-sales permission will permit off-sales to be made at a time when the licensed premises are open for the purposes of selling alcohol for consumption on the premises, subject to a cut off time of 11pm or the cut off time of the current licensed hours stated on the license, whichever would be earlier. Measures also temporarily suspended existing licence conditions in so far that they are inconsistent with the new off-sales permission.

It was noted that the temporary off sale permission will apply to all licensed premises that are permitted to sell alcohol for consumption on the premises.  However, the premises that have had following action in the last 3 years preceding 22 July 2020 would not be eligible for this temporary permission:

a)    a premises licence application where permission for off sales was refused;

b)    a variation of a premises licence seeking permission for off sales refused

c)    a variation seeking to exclude off sales permission granted

d)    a premises license varied or modified by a review hearing to exclude off sales.

Mr Lewis explained that there was no requirement for licensed premises to inform the Council that they intend to use this temporary permission. However, the Government Guidance did state that premises should inform Local Authorities. It was noted that arrangements had been made to record this temporary condition when the Council is informed. It had also been made clear on the Council website the premises should inform the Licensing Team.

In response to questions from Members the following was noted;

-       The automatic temporary permission would end on 30^th September 2021 unless the legislation is changed by the Secretary of State

-       That licensed premises do have to complete a statement that off-sales are authorised under section 172F(2) of the Business and Planning Act 2020 and must have it displayed together with the Licence Summary at the premises.

-       That a database had been created to capture and record those premises that have informed Licensing Services that they will be using the temporary permission.

-       That there would be a cost element in arranging a letter drop etc to all premises licence holders in Tower Hamlets.

-       Members asked that officers explore different ways of informing premises licence holders about this temporary permission.

The Committee welcomed the report.

The Chair moved and it was RESOLVED;

1.    The report be noted.

2.    An update report on the take up of the temporary off-sales permission is reported back to the Licensing Committee at its meeting in March 2020.  

Mr Venky Ramakrishnan, Principal Enforcement Lawyer, briefly introduced the regular noting report which detailed licensing related prosecutions and appeals for Quarters 3 & 4 for 2019-2020 and Quarters 1 & 2 for 2020/2021.

The number of prosecutions over the quarters was noted and it was also noted that two appeals had been dismissed and during Quarters 1 & 2 for 2020/21 no proceedings were concluded due to the Covid-19 pandemic.

Members welcomed the report.

RESOLVED

That the report be noted.