Decision details

Review of and continuation of Direction Notification to restrict specified activities at the premises of La La’s Restaurant and Mumtaz Restaurant for a period ending on 14th December 2020 due to the risk to the public’s health of COVID-19

Reference: D52392

Decision Maker: Director of Public Health

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:


The Director of Public Health has given –

1. Leeds City Council (“the Authority”), in exercise of the powers conferred by regulation 4(1) of the Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (“the No. 3 Regulations”), gives the following direction.

2. The Authority considers that the following conditions are met—

a. this direction responds to a serious and imminent threat to public health;

b. this direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area; and

c. the prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose.

3. Before giving this Direction, the Authority has had regard to—

a. any advice given to it by its Acting Director of Public Health; and

b. the need to ensure that members of the public have access to essential public services and goods (including whether the individual premises forms part of essential infrastructure).

c. The Authority’s Public Sector Equality Duty under section 149 of the Equality Act 2010

4. The Authority has taken reasonable steps to give advance notice of this direction to the owner or any occupier of the premises or a person carrying on/managing a business from the premises to which the direction relates.

Authorisation was given on the 9th October to issue a direction to prohibit both venues hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurants would only be able to take bookings and accept parties of up to 6 persons or single household groups. This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision has been reviewed and the decision taken that the direction notification issued on 9th October 2020 shall remain in place and be subject to further review in accordance with the Regulations.

A brief statement of the reasons for the decision

Legal -
The Regulations give the power to the local authority to issue a Direction if the authority considers that the following conditions are met -

a) that giving such a direction responds to a serious and imminent threat to public health,

b) that the direction is necessary for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection by coronavirus in the local authority's area, and

c) that the prohibitions, requirements or restrictions imposed by the direction are a proportionate means of achieving that purpose.

Authorisation was given on the 9th October to issue a direction to prohibit both venues hosting wedding ceremonies/receptions or other celebratory gatherings, meaning that the restaurants would only be able to take bookings and accept parties of up to 6 persons or single household groups.

La La’s restaurant, 501 Leeds and Bradford Road, Pudsey, Leeds LS28 8EE and Mumtaz restaurant, 1 & 2 Mackenzie House, Chadwick Street, Leeds, LS10 1PJ must implement restricted entry to the Premises of any persons who enter for the purpose of a wedding ceremony/reception or celebratory gathering in order to protect the Leeds population and populations of surrounding Local Authorities from the significant Public Health risk of COVID-19 and the spread of this highly infectious disease
This direction was issued in order to protect the Leeds population and the populations of surrounding Local Authorities from the significant Public health risk of COVID-19 and the spread of this highly infectious disease.

In accordance with the Regulations this decision has been reviewed and the decision taken that the direction notification issued on 9th October 2020 shall remain in place and be subject to further review in accordance with the Regulations.

The Authority considers that the following conditions required under the Regulations are met—

1: This direction responds to a serious and imminent threat to public health;

The infection rate of COVID-19 across Leeds has continued to rise over the last few weeks, our 7 day infection rate is now 387 per 100,000, in addition Leeds is now in tier 2 (High) of the Governments 3 tier COVID-19 restrictions therefore it is essential ensure all measures are in place to protect the public’s health.

Furthermore there continues to be an upward trend across Leeds and the whole of Yorkshire and Humber. We continue to see widespread community transmission across Leeds.

Events of this nature are likely to lead to more people congregating within a specific area. This will increase the likelihood of people from different households coming into closer proximity with each other, increasing the risk of transmission of COVID-19 and worsening the local situation.

2: This direction is necessary for the purpose of preventing, protecting against controlling or providing a public health response to the incidence or spread of infection by coronavirus in the Authority’s area;

The data demonstrates clear evidence of ongoing and heightened transmission of COVID-19 across Leeds. Allowing premises to host wedding ceremonies/receptions or any other celebratory events with parties above 6 or from a single household to take place that would lead to large numbers of people congregating together and represents a threat to ongoing measures to contain the virus and limit its transmission. Such a threat is mitigated by the premises adhering strictly to the restrictions set out in Regulations and Guidance. Information received from West Yorkshire Police and Leeds City Council enforcement officers indicate these premises are not adhering strictly enough to the restrictions and so not mitigating the threat.

There are a high number of situations across different settings affecting schools, workplaces and care homes. All wards now have a rate of over a 100 per 100 000. Leeds is currently in tier 2 (high) restrictions to minimise spread and harm.

3: The prohibitions, requirements or restrictions imposed by this direction are a proportionate means of achieving that purpose;

Holding the weddings or similar events poses an additional, unnecessary risk to the local spread of infection in a context of rising infection rates across Leeds and the prevention of the event is the only and proportionate response to the current situation. The restrictions on these two premises may have a disproportionate affect on the Asian community but this has been mitigated by the availability of other premises who are not restricted in this way and that these two premises can still operate in a limited way.

The Public Sector Equality duty means we have to consider how decisions affect people who are protected under the Equality Act. Decisions can be made that may be seen as having a negative impact as long as mitigation has been considered. In this case the mitigation is that the Health Protection Regulations have been put in place to protect lives. If this decision was challenged the mitigation in this case is that the protection of lives would be seen as a priority over any potential challenges of discrimination or disadvantage.

Wards Affected: Calverley and Farsley; Hunslet and Riverside;

Contact: Lynne Hellewell, Public Health Business Manager 0113 37 86042 Email: lynne.hellewell@leeds.gov.uk.

Publication date: 16/10/2020

Accompanying Documents: