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: