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 test purchase, Mr Hodgkinson stated his wife had left the premises to attend a meeting and was away for about ninety minutes. Therefore the allegation that services of a sexual nature were offered to the test purchaser could not be substantiated, especially as the treatment rooms cannot be monitored whilst clients are being treated. Mr Hodgkinson stated his wife would ensure all new employees signed a contract to say no services of a sexual nature would be provided by them.

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

·         Mr Hodgkinson confirmed his wife Ms Li Wa Hodgkinson was not present when the test purchaser visited on the 20^th September 2018. Ms Li Wa Hodgkinson explained she was trialling a new employee who did not have the level 3 NVQ qualification, when the alleged incident took place

·         In response to who provided training and how many therapists worked in the shop, Ms Li Wa Hodgkinson confirmed two people were working alongside her. She said she had advertised for therapists with the correct qualifications.

·         In response to opening hours, Ms Li Wa Hodgkinson confirmed the business operated seven days a week, Mon to Fri 10:30 a.m. to 9:00 p.m. and Saturday between 07:00 a.m. to 8:00 p.m. and opened on Sunday as well.

·         Ms Li Wa Hodgkinson stated her business was a viable business and she only offered professional massage.

·         Ms Li Wa Hodgkinson had acquired the business from its previous owner.

·         Members asked if Ms Li Wa Hodgkinson, had enquired what the legal requirements were, for operating premises offering special treatments, before taking over the business. Ms Li Wa Hodgkinson stated that she had not checked. She assumed everything had been put in place by the previous owner.

·         Ms Li Wa Hodgkinson reaffirmed she was unaware that she was required to employ Level 3 NVQ certified staff. Ms Thompson clarified that previously the business had an exemption as the therapists employed were members of a professional body. However the onus is on the Applicant to inform the Council of changes in staff, as that exemption no longer applied.

·         In response to how the business would guarantee services of a sexual nature were not offered by the masseuses, Ms Li Wa Hodgkinson said she would either fire employees or train them to only offer massage.

Members adjourned the meeting at 20:14 hours for deliberations and reconvened at 20:30 hours.

Accordingly, the Licensing Committee unanimously

RESOLVED

That the application for a new Special Treatment Licence, under the London Local Authorities Act 1991 for Little Jasmine Centre, 56 Skylines Village, London E14 9TS be REFUSED

As the licence holder has been found to have improperly conducted its business on 17^th and 20^th September 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:

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