Decision details

Direction notification to restrict specified activities at the licensed premises of Taag - Leeds - for a period ending on 12th November 2020

Reference: D52381

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 is given to issue a Direction to restrict the opening hours of Taag Leeds to prohibit the premises opening to the public between the hours of 18.00 hours and 07.00 hours except for staff members,(including Arian Taaghobi, Azam Omidvari) and any persons employed to carry out any emergency work in the premises as well as any members of the emergency services and to restrict entry to the Premises of any persons who enter for the purpose of a celebratory gathering, meaning that the tapas bar/restaurant would only be able to take bookings and accept parties from single household groups (including support bubbles) in accordance with current Coronavirus legislation.

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.

Information received from West Yorkshire Police and Leeds City Council enforcement officers indicate this premises is not adhering to the legislative restrictions to prevent and control transmission of Coronavirus.

The premises operator has allowed large and unmanaged gatherings/parties to take place within the premises.

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 authorisation is given to issue a direction to restrict entry of any persons between the hours of 18:00 hours and 07:00 hours to the Premises except for staff members,(including Arian Taaghobi, Azam Omidvari) and any persons employed to carry out any emergency work in the premises as well as any members of the emergency services.

Authorisation is also given to restrict entry to the premises of any persons who enter for the purpose of a celebratory gathering, meaning that the premises would only be able to take bookings during the daytime when operating as a tapas bar and allow entry to single household groups (including support bubbles) in accordance with current Coronavirus legislation.

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 421.1 per 100,000 (as reported on 13th October 2020), therefore it is essential ensure all measures are in place to protect the public’s health.

Furthermore there continues to be an upward trend of increasing infections across the whole of Yorkshire and Humber. We continue to see widespread community transmission across Leeds, particularly in younger age groups, 20 – 29 year olds.

Large and unmanaged parties in indoor settings 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 large gatherings/parties 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 to the restrictions and so not mitigating the threat.

Leeds is currently in Tier 2 (High) of the enhanced restrictions to minimise spread and harm.

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

The holding of large gatherings/parties or similar events poses an additional, unnecessary risk to the local spread of infection in a context of current infection rates and characteristics across Leeds and the prevention of the event is the only and proportionate response to the current situation. The restrictions contained within the Direction prevent the premise operating as bar during the evening and night. The premises will be able to remain open during the day and continue to trade as a tapas bar up until 18.00 hours.

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: Little London and Woodhouse;

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

Publication date: 14/10/2020

Accompanying Documents: