At the request of the Chair, Mr Amran Ali, Health & Safety Officer Environmental Health Officer, introduced the report seeking a revocation of the special treatment licence for Vanilla Thai Massage, 1 Whites Row, London E1 7NF.  He explained that the Committee is recommended to consider revocation of the licence on the basis that the business was found to be offering services of a sexual nature. It was noted on 15^th & 29^th October 2021 test purchases were carried out by professional surveillance company and found that services of a sexual nature was being offered by the therapist and the statement of the test purchaser can be found on page 180 of the agenda.

Mr Ali pointed out that when businesses are selected for the test purchasing exercise the Council appoints a professional surveillance company and provides a list of the premises to the company and that it was the surveillance company that appoint individuals to go to the premises at their own time within a time period to conduct the visit and there is no information provided to the Council Officers beforehand as to which premises they're going to and on what day. It was also noted that a follow up compliance visit was carried out on the 27^th January 2021 by Officers from the Council, two massage therapists were present at the premises one of whom was not listed as a therapist nor any qualifications certificates were provided and this was a breach of condition 6 of the standard conditions.

Mr Ali informed the Committee that Ms Cheung Lai Kwan’s (Premise Licence Holder) Legal Representative had been in contact with him and had informed him that his client had been in Hong Kong since December 2009 and a copy of the e-mail can be seen on page 7 of the supplemental agenda pack. In the e-mail the solicitor representing the licensee stated that she was in December since 2019 and currently still in Hong Kong, he also stated that following the findings of the test purchases she had decided to sell the business and the business was sold on the 11th of April 2022. The Legal Representative since then had sent another email today to confirm that the licensee now wishes for her licence to be cancelled. Mr Ali explained that there was insufficient time to process that request hence why this report has been brought to the Committee with a recommendation to revoke the licence.

Mr Ali concluded that such sexual services do resemble services of prostitution and can often be linked with other criminal activities such as human trafficking, exploitation of vulnerable females, and money laundering, as well as giving rise to an increased risk of spreading infectious diseases. These activities risked tarnishing the reputation of Tower Hamlets.

There were no questions from Members.

There were no other interested parties present to make a representation. Therefore the Chair announced that the Committee would deliberate after the meeting and the decision would be sent out in writing.

DECISION

The Licensing Committee considered an application by the Licensing and Safety Team seeking the revocation of the special treatment licence held by Cheung Lai Kwan in respect of Vanilla Thai Massage, 1 White’s Row, London, E1 (“the Premises”). The basis of the application was that two test purchases carried out in October 2021 had resulted in sexual services being offered by therapists.

The Committee was also aware of correspondence between the Licensing and Safety Team and the licence holder’s solicitor which stated, among other things, that Ms. Kwan had sold the business, that she had been in Hong Kong since December 2019, that she was not intending to return to the UK in the foreseeable future, and that she has no further interest in the business. The Committee was advised that this did not meet the requirements of the London Local Authorities Act 1991 for a formal request to cancel.

The Committee heard from Mr. Ali, who outlined the test purchases and the reasons why revocation was sought. The Premises were being improperly conducted, the activity alleged was tantamount to prostitution, such offences were often linked to other criminal activity, and the perpetuation of these activities tarnished the Borough’s reputation.

The licence holder did not attend. The Committee noted the correspondence submitted on her behalf.

The Committee was satisfied as to the evidence of the test purchasers, which was in the agenda packs and which amounted to a breach of conditions 7B and 9 of the Council’s standard conditions which apply to all special treatment licences. In the absence of any representations from the licence holder (and noting in any event that she appears to no longer be involved in the business) and given her long absence during which she cannot have been exercising proper control, the Committee was satisfied that it was appropriate to revoke the licence on the basis of section 8(c) and 8(e) of the London Local Authorities Act, namely that the persons concerned in the conduct or management of the premises could be reasonably regarded as not being fit and proper to hold such a licence, and that the premises have been or are being improperly conducted.

Accordingly, the Committee unanimously;

RESOLVED

That the Revocation of the special treatment licence for Vanilla Thai Massage, 1 White’s Row, London, E1 7NF be GRANTED.