Agenda and minutes

RESOLVED that Councillor Lachhya Gurung be appointed Chairman for this Licensing Sub-Committee meeting.

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The Chairman explained the procedure that would be followed at the meeting.

The Sub-Committee considered an application for the renewal of a Special Treatment Licence pursuant to Part II of the London Local Authorities Act 1991 (the “Act”) for the premises known as Heathpark HB Ltd T/A Edgware Health & Beauty, 96 High Street, Edgware HA8 7HF (“the Premises”). 

RESOLVED that the parties be excluded from the meeting, together with the press and public.

Prior to exclusion, parties were notified that the decision of the Sub-Committee would be announced within 5 working days.

The Sub-Committee deliberated in private session, accompanied by the Officer from HB Public Law and the Governance Officer.

1.         The Sub-Committee is asked to consider an application for the renewal of a Special Treatment Licence pursuant to Part II of the London Local Authorities Act 1991 (the “Act”) for the premises known as Heathpark HB Ltd T/A Edgware Health & Beauty, 96 High Street, Edgware HA8 7HF (“the Premises”). 

2.         The renewal application seeks to use the Premises for the provision of massages and aromatherapy treatments.   A copy of the Application is shown in full in Annex 1.

3.         Following receipt of the application an inspection was carried out by two Officers from Barnet Council’s Licensing Team on 22^nd February 2022, both of whom were present at this hearing.   A copy of the Inspection Report shown at Annex 2 and according to the Officers’ report, various issues were identified at the Premises concerning the management and sanitation of the Premises, the manner in which the treatments are provided and privacy concerns for customers.  Issues were also raised about the fire safety of the Premises and therefore the application was remitted to the Sub-Committee for its consideration.

4.         Section 8 of the Act lists the various grounds under which a borough council may decide to refuse to grant, renew or transfer a licence.  According to the Inspection Report as summarised in the Officer’s Report, the Inspecting Officer considers the manner in which the Premises are being conducted breach four different grounds of Section 8, namely grounds 8(e), (f), (i) and (k).  These are: that the Premises have been or are being improperly conducted; that the Premises are not provided with satisfactory means of lighting, sanitation and ventilation; that there are issues with the safety of equipment used in the special treatment or as to the manner in which the treatment is to be given; and concerns about a satisfactory means of escape in case of fire and suitable means for fighting fire are not provided on the Premises.   In addition, it is said that these issues also breach conditions 19, 25a, 25b, 26, 27a, 27b and 37 of the Council’s conditions and regulations.  These conditions are also set out in Appendix 1 of the Council’s Special Treatment Licensing Policy 2022-2027, albeit renumbered as conditions 9, 15a, 15b, 16, 17a, 17b and 27.

5.         The specific issues that are believed to fall foul of the grounds in Section 8 are set out in full in the Inspection Report at Annex 2 and summarised in the Officer’s Report at pages 14-17 of the Agenda.   The issues raised include insufficient recording of appointments, insufficient client consultation forms, insufficient privacy in place for clients, spyholes in the doors to the treatment rooms, insufficient labelling of items intended for use during treatment, towels not being washed at the recommended temperature, chewing gum on the base of a massage table, the massage beds not being capable of being raised or lowered, and a smell of damp.  It is also stated that an online search of the Premises reveal  ...  view the full minutes text for item 8.

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