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.

Accordingly, the Licensing Committee unanimously - 

RESOLVED

That the application for the renewal of a Special Treatment Licence, under the London Local Authorities Act 1991 for China Health Spa Limited, Unit 1-2 Horizon Building, 15 Hertsmere Road, London E14 4AW be REFUSED

As the licence holder has been found to have improperly conducted its business on 23^rd March 2018 and 21^st May 2018 as per the test purchase evidence and is in breach of Section 10 (1) of the London Local Authorities Act 1991 and:

As per paragraph 4.4 of the report, the following grounds for refusal applied under section 8 of the London Local Authorities Act 1991:

(c)        the person concerned or intended to be concerned in the conduct or management of the premises used for special treatment could be reasonably regarded as not being fit and proper persons to hold such a license;

(e)       the premises have been or are being improperly conducted; and

(j)         they are not satisfied as to the safety of the special treatment to be given.