Agenda item

Consideration was given to an application (made in accordance with Section 34 of the Licensing Act 2003) for the variation of the Premises Licence issued to Mrs. Geerththana Piranthiraah in  respect of the premises known as S & S Convenience Store, Units 2 and 3 Birchwood Avenue, Rotherham S62 7JP. 

 

The applicant was seeking to vary the Premises Licence in relation to condition No. 17 of the approved Premises Licence so as to allow Mrs. Piranthiraah’s husband to work at the premises.  Currently condition No. 17 states:-

 

“The previous Licence holder, Mr. Pireanthiraah Ramanathan, will not have any management control over the operation of the premises nor work at the premises in a paid or unpaid capacity”.

 

The applicant wished to vary the Premises Licence condition No. 17 to state:-

 

“The previous Licence Holder, Mr. Pireanthiraah Ramanathan, will not have any management control over the operation of the premises.”

 

Mrs Piranthiraah was present at the hearing together with her husband, Mr. Pireanthiraah Ramanathan and Mr. Naga Rajesh, Licensing Agent. 

 

Diane Kraus, Principal Licensing Officer, introduced the application for the variation of the Premises Licence highlighting:-

 

-        The premises were first licenced in 2005 when the Licensing Authority took over the responsibility for licensing premises to sell alcohol from the Magistrates Court

-        In June 2023 the Licence was transferred to Mr. Pireanthiraah Ramanathan who became the Designated Premises Supervisor at the same time.  On 24^th March, 2025, an application was made for a minor variation of the Licence to add management controls to Annex 2 of the Licence with immediate effect

-        South Yorkshire Police had made an application for the review of the Premises Licence in June 2025 on the grounds that Mr. Ramanathan had failed to promote the licensing objectives of preventing crime and disorder and protecting children from harm

-        Whilst consultation on the review application was underway, the Licence was transferred with immediate effect to Ms. Birintha Ketheswaranin at the same time as an application to change the DPS to Mr. Sivatheesan Sivasubramanian. 

-        On 7^th July 2025, the new Licence holder, Ms. Ketheswaranin provided evidence that she had full control of the premises together with the shift pattern of the new DPS.  It was agreed that a further management control condition be added to the Licence preventing the previous Licence Holder (Mr. Pireanthiraah Ramanathan) from managing and working at the shop.  This condition became effective on 28^th July 2025

-        Ms. Birintha Ketheswaranin named herself as Designated Premises Supervisor in October 2025 and in the November made an application to vary the Licence so as to extend the authorised hour for the first sale of alcohol at the premises from 8.00 a.m. to 6.00 a.m.  This was granted on 16^th December, 2025

-        On 27^th January, 2026, the Licence was transferred to Mrs. Geerththana Piranthiraah who became the Designated Premises Supervisor at the same time.  Mrs. Piranthiraah was the wife of Mr. Pireanthiraah Ramanathan who held the Licence between June 2023 and June 2025

-        On 24^th February, 2025, Mrs. Geerththana Piranthiraah made an application to vary the Premises Licence as stated above

 

It was noted that prior to 2024, the day-to-day operations and staff were managed by Mrs. Geerththana Piranthiraah for several years.  Mr. Pireanthiraah Ramanathan was employed full-time at the premises and responsible for cash and carry transactions and stock purchases.  In late 2024, their child developed a medical condition necessitating her absence from the country for treatment.  Mr. Ramanathan had had to manage all aspects of the situation alone which had led to some difficulties.  Mrs. Geerththana Piranthiraah had now returned to the United Kingdom and taken over the businesses.  She had also assumed the responsibilities under the Licensing Act 2003 as the Licensee and DPS.  She wanted her husband to work for her as a member of staff without any management responsibilities.

 

Mr. Rajesh, Licensing Agent, addressed the Sub-Committee and explained the reasons for the variation application:-

 

-        Both Mrs. Geerththana Piranthiraah and Mr. Pireanthiraah Ramanathan were Personal Licence Holders in both England and Scotland and had lengthy experience in the licensing trade with no past issues

-        They had taken over the premises in 2022 and there had been no issues for the first 2 years

-        In early 2024 their eldest child had experienced serious medical issues with their second child born in July of the same year.  It had been a very hard time for the family with Mrs. Geerththana Piranthiraah dealing with hospital appointments and a new born baby.  They had left the running of the business to the staff most of the time

-        In late 2024 Mrs. Geerththana Piranthiraah had taken the 2 children to Sri Lanka leaving her husband in England

-        There had been 2 failed test purchases when Mr. Pireanthiraah Ramanathan had not been in the shop.  Realising he could not manage the premises he had transferred the management to someone else and walked out of the premises completely

-        Mrs. Geerththana Piranthiraah had returned to the UK with the 2 children in December 2025.  The couple had taken the business back early in 2026 together with the staff from the previous management

-        None of the staff who had made the failed test purchases worked there now

-        The implications of what had happened at the shop during Mr. Pireanthiraah Ramanathan’s management was fully understood, and was why the requested variation was a modification for him to work as a member of staff and not requesting that he be allowed to manage in the future

-        Since the condition had been imposed, Mr. Pireanthiraah Ramanathan had not worked in any capacity in the shop and he felt that sales had reduced as their customers were not receiving the customer service they had in the past

-        Mrs. Geerththana Piranthiraah had taken over responsibility for the existing staff when she had resumed responsibility for the shop earlier in the year.  The staff had been trained by the previous owner.  There were now 2 new members of staff who had been trained by herself

-        They did not want a repeat of the mistakes and Mrs. Geerththana Piranthiraah having 100% control of the premises all the time would help this, however, she would feel better when her husband was on the shop floor.  It would help greatly if he was allowed to go to the cash and carry and fill the shelves

-        Mr. Pireznthiraah Ramanathan’s mother would be joining the family next month to help out with childcare

 

Consultation on the application had been carried out in accordance with all statutory requirements and the Council procedure.  During the consultation period representations had been received from 2 Responsible Authorities (Licensing Authority and South Yorkshire Police Unit) and from one Other Person – Councillor Baker Rogers, Ward Councillor. 

 

South Yorkshire Police was opposed to the grant of the application as it believed that the proposed change would have significant impacts on the following licensing objectives:-

 

-        The prevention of crime and disorder

-        The protection of children from harm

-        Public Safety

-        The prevention of public nuisance

 

-        Objection to the removal of the condition that ensured Mr. Pireanthiraah Ramanathan had no involvement in the running or management of S & S Convenience Store

-        An allegation was made in August 2024 that children were being sold alcohol at the premises.  The Licence Holder was informed and an action plan agreed to bring about required improvements on 24^th October 2024

-        The Licence Holder failed to bring about the required improvement and allegations of underage sales continued.  Police attended the premises again on 23^rd February, 2025, and found 3 intoxicated teenage girls at the premises.  The girls had stated that the males working in the shop had supplied them with alcohol and allowed them to use the premises’ toilet

-        Police and Council Licensing Officers had visited the premises on 14^th March, 2025, to discuss the serious nature of the incident and provided appropriate advice.  The action plan was updated to include staff training

-        A failed test purchase was carried out on 19^th March, 2025, with a further visit made on 17^th April to re-enforce the need for the Licence Holder to take immediate action to prevent the underage sale of alcohol

-        A second test purchase was failed on 13^th May, 2025 and an application seeking revocation of the Premise Licence was submitted on 15^th May, 2025

-        Subsequently South Yorkshire Police withdrew the review application.  Whilst it was withdrawn, it was relevant to the representations of the Police as it set out the details of the operation of the premises during the period Mr. Pireanthiraah Ramanathan worked at the premises

-        Mr. Pireanthiraah Ramanathan had stepped aside from the premises and was no longer the Personal Licence Holder or Designated Premises Supervisor.  The business was transferred to a new Personal Licence Holder with the condition that Mr. Pireanthiraah Ramanathan would have no management control over the premises or work in any paid or unpaid capacity effectively a prohibition of being involved in the premises in any way

-        If he was to work in the premises, he would be seen as a senior member of staff by way of being one of the owners and would be deferred to by other staff members

 

The Licensing Authority was opposed to the grant of the application as it was believed that the proposed change would have significant impacts on the following licensing objectives:-

 

-        The prevention of crime and disorder

-        The protection of children from harm

 

-        On 9^th April, 2026, a joint compliance visit had been made with the Police Licensing Enforcement Officer

-        A lone male was working at the premises and had done so for approximately 3 weeks.  There had been no evidence to suggest that he had received any staff training or undertaken the Safeguarding course as requested in conditions 16 and 17 of Annex C of the Premises Licence.  The employee confirmed that he had not received any required training

-        CCTV also revealed another new member of staff but again no documentation to evidence the required training had been given/undertaken

-        Up-to-date authorisation for the sale of alcohol also could not be sourced

-        The employee confirmed that the current Licence Holder and DPS, Mrs. Geerththana Pireanthiraah did not routinely attend the premises and only viewed them via CCTV on a mobile phone

-        Removal of Mr. Pireanthiraah Ramanathan from employment and management role at the premises had been required in order to promote the prevention of crime and disorder and the protection of children from harm.  There had to be confidence that effective management controls were in place at the premises and that the manager of the premises could effectively supervise Mr. Pireanthiraah Ramanathan

 

Councillor Baker-Rogers, Ward Councillor, was not in attendance but had submitted written opposition to the grant of the variation as she believed that the proposed change would have significant impacts on the following licensing objectives:-

 

-        The prevention of crime and disorder

-        The protection of children from harm

 

-        Mr. Pireanthiraah Ramanathan used to be the Licence Holder.  In June 2025 the Police applied to review the Licence as there was evidence that he had repeatedly sold alcohol to children.

-        The review application was withdrawn when the Licence was transferred and the Licence Holder offered condition No. 18 of Annex 2

-        In January, 2026, a second transfer application was made and transferred to the current Licence Holder, Mrs. Geerththana Pireanthiraah, the wife of Mr. Pireanthiraah Ramanathan.

-        Mr. Pireanthiraah Ramanathan had a history of selling alcohol to children.  To allow him to work at the premises would undermine the licencing objectives of preventing crime and disorder and protecting children from harm

 

The Sub-Committee considered the application for the variation of the Premises Licence, and the subsequent amendments, and the representations made specifically in the light of the following Licensing objectives (as defined in the 2003 Act):-

 

-        The prevention of crime and disorder

-        The protection of children from harm

-        Public Safety

-        The prevention of public nuisance

 

Resolved:-  That the variation of the Premises Licence in respect of the premises known as S & S Convenience Store, Units 2 and 3 Birchwood Avenue, Rotherham S62 7JP be refused.