There were no declarations of disclosable pecuniary interest.

To confirm the minutes of the meeting of the Licensing Committee held on 4^th September and the 13^th September 2018 as an accurate record of the proceedings.

The minutes from the 4^th September 2018 and the 13^th September 2018 were agreed and approved as an accurate record of the meeting.

Ms Charlotte Basten, Environmental Health Officer informed members the application before them was to consider the renewal of a Special Treatment Licence for China Five Elements Limited, 35 Artillery Lane, London E1 7LP.

Ms Basten stated that the Licensing Authority was objecting to the renewal of the licence following a successful prosecution of the Licence Holder at Stratford Magistrates’ Court on the 27^th September 2018. Ms Basten referred members to paragraphs 3.1, 3.2, 3.3 and 3.4 of the report which gave further details of the circumstances for which a Special Treatment Licence is required. Ms Basten also referred Members to point 4.4 which listed the grounds for refusal, as per the London Local Authorities Act 1991.

Ms Natalie Thompson, Principal Environmental Health Officer provided Members with a detailed account of the investigation she had undertaken. She said the team had conducted an investigation of the premises and had employed a test purchasing company to conduct test purchases. The table at 8.2 of the report, showed the number of visits made in the last seven years. Ms Thompson stated a test purchase carried out on 13^th April 2018, showed services of a sexual nature were being offered by the premises. Ms Thompson referred members to page 24 of the agenda which gave details of the test purchase and appendix NAT.CFE.2 pages 89-91 which gave further detail on the test purchases.

Ms Thompson stated the Licence Holder was prosecuted at Stratford Magistrates’ Court on the 27^th September 2018, on which occasion the defendant (i.e. the Licence Holder – Mr Wei Lin) pleaded guilty to breaching the conditions of the licence. The court found China Five Elements Limited guilty of breaching the condition of the licence and fined the company a total of £1,836.50 made up of £500 fine, £1286.50 costs and £50.00 victim surcharge.

Ms Thompson said that following the prosecution, the Environmental Health team carried out a further inspection on the 12^th October 2018, on which occasion an officer overheard a male customer at the premises asking if the therapist was ‘Chinese or European’. The officer recalled online customer comments suggested staff of European origin were offering services of a sexual nature. Furthermore of the eight therapists listed on the application only two had provided evidence that they had the level of qualification required to carry out massage treatments in special treatment premises in Tower Hamlets. Ms Thompson drew the attention of Members to the internet searches appendix NAT.CFE.3 which provided further evidence that services of a sexual nature were being offered by the premises.

Ms Thompson stated the Licence Holder, Mr Wei Lin was listed as the Director of the business and the application for the renewal of the licence had been made by Mr Wei Lin.

Ms Thompson asked Members of the Licensing Committee to refuse the renewal of the Licence based on the evidence before them.

Mr Wei Lin, the Licence Holder was also present at the meeting. Mr Lin stated that his understanding  ...  view the full minutes text for item 3.1

Ms Charlotte Basten, Environmental Health Officer informed members the application before them was to consider the renewal of a Special Treatment Licence for China Health Spa Limited, Unit 1-2 Horizon Building, 15 Hertsmere Road, London E14 4AW.

Ms Basten stated that the Licensing Authority was objecting to the renewal of the licence following the test purchases carried out on the 23^rd March and 21^st May 2018. Ms Basten referred members to paragraph 3.1, 3.2, 3.3 and 3.4 of the report which gave further details of the circumstances for which a Special Treatment Licence is required. Ms Basten also referred Members to point 4.4 which listed the grounds for refusal, as per the London Local Authorities Act 1991.

Ms Natalie Thompson, Principal Environmental Health Officer provided Members with a detailed account of the investigation she had undertaken. She said the team had conducted an investigation of the premises and had employed a test purchasing company to conduct test purchases. The table at 8.2 of the report, showed the number of visits made in the last twenty four months. Ms Thompson stated a test purchase carried out on 23^rd March 2018 showed the masseuse behaving in a sexually suggestive manner and the second test purchase on the 21^st May 2018 showed services of a sexual nature were being offered by the premises. Ms Thompson referred members to pages 153 to 156 of the agenda which gave details of the test purchases.

Ms Thompson stated a prosecution was pending, which was to be heard on the 13^th December 2018 at Thames Magistrates’ Court in relation to the breaches of the licence. In addition the Environmental Health Team had received an anonymous letter appended at NAT.CHS.2, page 149, from a former employee which stated services of a sexual nature were being provided from the premises.

Ms Thompson stated the application for the renewal of the licence had been received from Mr Bud Klair (appendix NAT.CHS.1 at pages 137 148 of the agenda papers) who was the Director of the company and that the Companies House search (appendix NAT.CHS.6, page 159) showed Mr Bud Klair as the company secretary and Ying Zhou as a Director.

Ms Thompson asked Members of the Licensing Committee to refuse the renewal of the licence based on the evidence before them.

Mr Bud Klair, the Applicant was not present at the meeting.

Members of the Committee asked questions in relation to the application and in response the following was noted:

·         Ms Basten confirmed that needles used for tattooing and acupuncture would require specialist disposal and the Environmental Health team would expect a contract in place for the disposal of used needles. 

·         The statement from the former employee was unsigned as the witness feared she would be recognised due to the small Chinese community in the area and because the area remains her place of work.

Members adjourned the meeting at 19:35 hours for deliberations and reconvened at 19:49 hours.

Decision

Accordingly, the Licensing Committee  ...  view the full minutes text for item 3.2

Ms Natalie Thompson, Principal Environmental Health Officer informed members the application before them was to consider a new application for a  Special Treatment Licence for Little Jasmine Centre, 56 Skylines Village, London E14 9TS.

Ms Thompson stated that the Licensing Authority was objecting to the granting of a new licence based on the evidence the Environmental Health Team had evidenced in the agenda pack. Ms Thompson referred members to paragraphs 3.1, 3.2 and 3.3 of the report which gave further details of the circumstances for which a Special Treatment Licence is required. Ms Thompson also referred Members to paragraph 4.4 which listed the grounds for refusal, as per the London Local Authorities Act 1991.

Mr Lekan Olomo, Environmental Health Officer provided Members with a detailed account of the investigation he had undertaken. He said the team had received an objection to the granting of the licence on the 6^th September 2018 from an anonymous member of the public. The Environmental Health Team had followed up this objection by observing the premises on the 17^th and 20^th September 2018, whereby the premises were observed trading and advertising special treatments without a licence.

Mr Olomo continued stating a test purchase was conducted on the 20^th September 2018 which found the test purchaser being offered services of a sexual nature. Mr Olomo also referred members to evidence at Appendix 3 of the agenda pack, pages 195 to 201. He stated that during an inspection, it was apparent the therapists, who were carrying out special treatments at the premises, had not been declared to the Council in order for the Council to consider whether the therapists had the level of qualification required to carry out massage treatments in special treatment premises in Tower Hamlets.

Mr Olomo stated the Applicant, Ms Li Wa Hodgkinson was listed as the Director of the business and the application for a new licence had been made by Ms Li Wa Hodgkinson.

Mr Olomo asked Members of the Licensing Committee to refuse the granting of a Special Treatment Licence based on the evidence before them.

Ms Li Wa Hodgkinson was present at the meeting and was represented by her husband Mr Keith Hodgkinson, who addressed the Committee on behalf of his wife.

Mr Hodgkinson stated that his wife was a qualified practitioner who had worked for the previous owner of the business and had been in business for the last three years. Mr Hodgkinson stated his wife had received no communication from the Council until the point they were informed a Special Treatment Licence was required. Mr Hodgkinson said his wife duly applied for a licence and continued to operate as she had a contract in place with the Landlord for the premises. Mrs Li Wa Hodgkinson said she did not know that she was required to employ Level 3, NVQ qualified masseurs and therapists. She said she had now advertised for therapists who were qualified to that level and grade.

On the day of the  ...  view the full minutes text for item 3.3