Apologies for absence were received from Councillor Racheal Saunders, Councillor Harun Miah, Councillor Candida Ronald, Councillor Shiria Khatun and Councillor Khales Uddin-Ahmed.

Apologies for lateness were received from Councillor Suluk Ahmed who was approximately 10 minutes late for the meeting owing to traffic.

No Declarations of discloseable pecuniary interest were disclosed.

To confirm the minutes of the meetings of the Licensing Committee held on 13^th September, 26^th September, 2^nd October and 17^th October 2017 as an accurate record of the proceedings.

The minutes from the previous meetings of

·         13^th September 2017;

·         26^th September 2017;

·         2^nd October 2017; and

·         17^th October 2017

were approved to be accurate records of the meeting.

Matters Arising

Councillor Dave Chesterton, Chair of Overview and Scrutiny referred members to page 12 of the agenda pack and the minutes of the 13^th September 2017. He informed Members further progress had been made in relation to SEV’s and that he had provided a written note to the Chair of Licensing Committee as well as officers, to note.

The update is appended at Appendix 1 of the minutes of 14^th December 2017.

David Tolley, Head of Environmental Health and Trading Standards presented his report in relation to the Statement of Licensing Policy review 2018.

He informed Members all local authorities had to determine and publish their Statement of Licensing Policy every five years and as such the policy at Tower Hamlets required review and publication by October 2018.

He said the purpose of the policy statement is to define how the responsibilities under the Licensing Act 2003 are going to be exercised and administered by the Local Authority.

A statutory consultation process will take place and there will be an opportunity for the local community to comment upon the Statement as part of the consultation process before the Statement of Licensing Policy is agreed and adopted by Council.

Members of the Committee made the following comments in relation to the report and asked questions:

·         Will members of the public be consulted?

·         Could you please ensure changes in the policy are communicated widely to as many people and organisations as possible?

Members of the Licensing Committee AGREED to NOTE the recommendations contained within the report, namely to

1.    Note the forward programme for consulting on the proposed Statement of Licensing Policy

2.    Note that the consultation should be based on the proposed changes detailed in Appendix Two.

3.    To note the consultation to retain the current Cumulative Impact Zone in the Brick Lane area at Appendices 1 and 3;

4.    To note the consultation for a Cumulative Impact Zone for Bethnal Green/Cambridge Health Road to Old Bethnal Green Road.

Damian Doherty, Licensing Officer presented his report on the Night time economy visits and enforcement action undertaken in accordance with the Licensing Act 2003.

He informed Members the objective was to carry out late night visits to premises where intelligence had been received of alleged contravention of the Licensing Act.2003. Officers from the Licensing Team as well as Environmental Health and Trading Standards have been involved in the visits which have included test purchases to investigate compliance and enforcement.

Visits have been conducted on Friday and Saturday nights between the hours of 22:00 and 3:00 hours.

Damian referred members to point 3.2 of the report stating the enforcement team had taken a three pronged approach. Warning letters, review of the premises licence and investigation for referral for prosecution were the actions taken. He referred to the outcomes achieved at 3.4 and said the Team had conducted a total of 230 inspections, with 24 premises receiving warning letters, with 6 successful prosecutions and 1 unsuccessful prosecution in 2016/17.

To give context to types of prosecutions undertaken, Damian Doherty referred members to Appendix 3 and the case studies therein.

Members of the Committee made the following comments and asked questions in relation to the report:

·         What was the reason for the unsuccessful prosecution?

·         Was any compensation paid by the Council in relation to the unsuccessful prosecution?

·         Are you confident that you will achieve a similar number of visits for this year?

·         Have visits been conducted in Leman Street and Alie Street? Can this be added to you list of visits?

·         In reference to appendix 1, why has Spitalfields and Banglatown received the highest number of visits for 2016/17?

·         Can the factory used by Deliveroo also be investigated? Gas canisters are a particular concern.

Members of the Committee NOTED the report and the recommendation to:

1.    Note the activity that has been undertaken by the Environmental Health and Trading Standards Service with regards to regulating Late Night Licensed Premises.

Councillor Peck MOVED that officers be thanked for carrying out their work, which the Committee members AGREED.

At the request of the Chair, Ms Charlotte Basten, Environmental Health Officer introduced the report which detailed the application for a Special Treatment Licence for Relax Studio, Unit 2, 1 Gunthorpe Street, London E1 7RG.

The application was made on the 28^th September 2017 by Mr Wai Ming Yau Appendix 1 – pages 231- 240 of the agenda. A licence from the Council is required for the use of the premises as an establishment for special treatments and pages 220-221 set out the legal powers the Committee has in granting or refusing a licence.

Planning permission is granted for the premises to operate between 08:00 hours to 20:00 hours and the current application is to permit the premises to operate as an establishment for special treatments offering Massage.

All responsible authorities have been consulted and objections have been received from the Environmental Health Licensing and Safety Team on the grounds that the premises have been or are being improperly conducted.

Ms Basten referred Members to the evidence appended at Appendix 4 and stated the Licensing Authority objected for the following reasons:

·         Evidence gained from Test Purchase visits on the 23^rd June 2017 and 27^th June 2017 showed that services of a sexual nature were being offered at the premises in return for money;

·         Evidence gained from the visits revealed the premises was open and advertising as an establishment for special treatments with no licence in place after the 30^th August 2017, when the exemption was revoked; and

·         Several complaints had been received from a member of the public regarding the premises being open and advertising beyond the permitted hours.

Mr Wai Ming Yau (the applicant) was present for the Committee meeting and was given the opportunity to present his case. Mr Yau stated his business had been operating from the premises within the hours permitted and any late night opening was for the purpose of cleaning the premises. He said the allegation that inappropriate sexual services were offered to customers was totally against the principles of the business, which was overseen by his wife. Mr Yau stated his wife was looking to recruit professional masseurs and had been interviewing several candidates. He said they would only employ those who were qualified to work as masseurs and would verify the credentials of each candidate. He said what the masseurs were offering behind closed doors was something he was unaware of.

Natalie Thompson, Principal Environmental Health Officer countered by stating the licensing authority, prior to Mr Yau’s application for a licence, had received several complaints from a resident about the late night openings and as a result they had investigated the premises. Ms Thompson stated they had written to the Landlord as well as Mr Wai Ming Yau stating the times of opening and requested them to comply to the times. She said when they visited the premises on the 3^rd August 2016, Ms Chak Wa Yiu was working as a therapist and was a member  ...  view the full minutes text for item 3.3