To consider an application for a review of the premises licence relating to ‘Gwalia Stores, 27 -29 Broad Street, Ross on Wye, HR9 7ED’ called by Herefordshire Council as the Licensing Authority.

The Regulatory Sub-Committee was re-convened in order to determine an application for a review of a premises licence for Gwalia Stores, 27-29 Broad Street, Ross-on-Wye. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

• David Hough (Herefordshire Council Trading Standards)
• Fred Spriggs (Applicant for Review)
• James Mooney (West Mercia Police)
• Ramanathan Ratheyan (Premises Licence Holder)

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Manager presented her report. She advised Members that the determination of the application was previously adjourned on 4 September 2012 as the correct notice period had not been served on the premises licence holder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised Members that West Mercia Police supported the review requested by Herefordshire Council. He added that there had been a total of 4 test purchase failures under the management and supervision of the current Designated Premises Supervisor. He added that there had been little communication between the DPS and the police regarding the previous test purchase failures and added, that due to the continuing concerns regarding under age sales at the premises, he had no option but to recommend that the Licence be revoked.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, David Hough, representing Trading Standards, addressed the sub-committee. He advised the Sub-Committee that he supported the Police’s recommendation to revoke the licence. However if the Sub-Committee decided against this course of action he had suggested four conditions which had been agreed with the premises licence holder. He had also recommended an additional condition requiring the current DPS to be removed although this had not been agreed.

At this stage the Acting Principal Lawyer explained the procedure of the meeting to Mr Ratheyan and advised him to seek clarification from the officers if he did not understand key elements of the meeting.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Fred Spriggs, representing the Licensing Authority, addressed the sub-committee. He gave a detailed presentation on the circumstances that had led to the review as well as his concerns in respect of the lack of correspondence with Mr Ratheyan in respect of this review or the previous reviews on the premises. He agreed with the four conditions that had been agreed with the premises licence holder but also felt that the DPS needed to be changed.

The Democratic Services Officer read out a written statement from the premises licence holder’s legal advisor. He explained why he could not be present at the meeting and gave details of  ...  view the full minutes text for item 52

To consider an application for a review of the premises licence relating to ‘Gwalia Stores, 27 -29 Broad Street, Ross on Wye, HR9 7ED’ called by Herefordshire Council as the Licensing Authority.

The Licensing Officer advised the Committee that a request had been received by the applicant’s legal advisor to adjourn the review hearing as 10 clear days’ notice of the hearing had not been received by his client.

RESOLVED

THAT the review of Gwalia Stores, 27-29 Broad Street, Ross-on-Wye, be adjourned until 18^th September 2012.