Agenda item

Application for a variation of a premises licence in respect of Gwalia Stores, 27-29 Broad Street, Ross-on-Wye, HR9 7ED - Licensing Act 2003.

To consider an application for a variation of a premises licence in respect of: Gwalia Stores, 27-29 Broad St, Ross-on-Wye HR9 7ED

Minutes:

Members of the licensing Sub-Committee from the Council’s Planning and Regulatory Committee considered the above application, full details of which appeared before the members in their agenda published on 13 March 2026 and the supplement published on 17 March.

 

Prior to making its decision the senior licensing officer presented the report which outlined the options available to the Sub-Committee. One representation was received from the Licensing Authority as a Responsible Authority. The Licensing Authority did not object to the application, however, they suggested additional conditions to be added to the premises licence to promote the licensing objectives for a premises licence granted to this location. These additional conditions were agreed by the applicant. One objection was received from Hereford and Worcester Fire Authority, due to outstanding issues from 17 November 2025. The fire safety deficiencies detailed within a letter dated 17 November 2025 remain unresolved and these outstanding matters compromise the safety of persons on the premises and fail to meet the minimum requirements of the Fire Safety Order. One representation was received from Ross Town Council, the representation stated that the additional hours would potentially increase anti-social behaviour which is already prevalent in the area. No representations were received from the Police.

 

The Sub-Committee then heard from the applicant’s representative Mr Naga Rajesh that:

 

·       The previous review of the premises licence had occurred in 2012, before the management of the current premises licence holder (PLH).

·       The current PLH had run the business for 5-6 years and had a good track record.

·       It was confirmed that Mr Rajesh had not been involved when the application had been made by the PLH but had become involved later in the process.

·       Since the current PLH had taken over the premises, there had been no issues or complaints raised with the running of the business and there had been no objections from any of the responsible authorities.

·       The shop was open until 10:00 p.m. but alcohol was not sold beyond the licenced hours of  to 8:00 p.m.

·       There was a demand from customers to sell later alcohol to a later time than 8pm. The restriction of not being able to sell past 8 p.m. was undermining customer good will. The need to cover alcohol displays after 8:00 p.m. and refuse sales past this time was negatively affecting customer relationships.

·       The existing hours of opening had not resulted in any complaints relating to the shop.

·       The shop was the PLH’s livelihood and he would not jeopardise his livelihood by undermining the licensing objectives.

·       There were a number of conditions on the licence which were accepted and would be applied in operations at the shop.

·       Fire safety at the premises  is being addressed; a company was working at the premises to address issues raised. The work would be completed soon which was an assurance offered by the PLH.

·       Other concerns raised regarding the application concerned crime and disorder. The premises was not in an identified problem area. The police are the key consultees in respect of crime and disorder and had not raised an objection.

·       Under the s182 guidance a good reason was required to not allow the licensing application; there was no good reason or evidence before the Sub Committee to refuse the application in this case.

·       The later opening hours of the store and the presence of the PLH into the evening would actually help address anti social behaviour.

·       The PLH is not looking at 24 hour alcohol sales and the licensing objectives will be promoted.

 

Following questioning by the Sub-Committee, the applicant’s agent/applicant confirmed that:

·       Work to address the Fire Authorities’ requirements was ongoing and would be completed within 1 – 2 weeks.

·       The newspapers rack located in the front window to the store could be moved to enable a clear view into the shop. 

 

The Sub-Committee then heard from the premises licence holder Mr Ratheepan Ramanathan that:

 

·       The shop was in a listed building and there were restrictions on changes to the shop frontage, however, the newspaper stand would be removed to enable a view into the shop.

·       All conditions were adhered to and would continue to be upheld.

·       An HD camera was installed outside of the shop to provide CCTV evidence if required.

 

The Sub-Committee carefully considered all the representations, reports and evidence before them. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire Council’s Statement of Licensing Policy 2020

- 2025.

 

DECISION

 

 

The Sub-Committee’s decision is to grant the variation application as applied for, together with the additional conditions agreed with the Licensing Authority.

 

 

REASONS

 

The Sub-Committee fully considered the detailed report by the Senior Licensing Officer, the application and written representations in the report pack, as well as the evidence presented at the hearing by the Applicant’s Agent, Mr Rajesh and from the Applicant himself, Mr Ramanathan. 

 

The Sub-Committee was concerned with the representation received from Hereford and Worcester Fire Authority but felt the evidence and assurances provided by Mr Rajesh and the PLH, that work was being undertaken to comply with fire safety, were acceptable and addressed the Sub-Committee’s concerns.

 

However, the Sub-Committee would like to be clear, that should this premises come before the Sub-Committee in the future, for unaddressed fire safety issues, the matter would be taken very seriously.

 

The Sub-Committee went on to review the representation made by Ross Town Council and the Council’s position on the potential for an increase in anti-social behaviour should the application be granted. The Sub-Committee noted that there was no history of complaints against the premises linked to anti-social behaviour under the management of the current PLH and the Police had not made a representation in respect of the application. Therefore, there was no evidence before the Sub-Committee to support the concerns raised by Ross Town Council. The Sub-Committee were of the view, that should such anti-social behaviour result from the granting of this application, Ross Town Council could seek to review the licence with supporting evidence.

 

The Sub-Committee carefully considered the submissions of both Mr Rajesh and the PLH and felt the submissions were comprehensive and detailed. The Sub-Committee were of the view that the PLH took his responsibility to promote the licensing objectives seriously and that to grant this application would not undermine the licensing objectives.

 

In reaching their decision, the Sub-Committee balanced the evidence before them and took into account the relevant parts of Herefordshire Council’s policy, the statutory guidance and the legal framework under the Licensing Act 2003 and felt it was appropriate to grant the application.

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