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Designated Premises Supervisor (DPS)

 

What is a Designated Premises Supervisor (DPS)?

The Licensing Act 2003 defines the DPS as one specified individual who has the day to day responsibility for running the Premises. This person must hold a Personal Licence and will have been put forward by the Premises Licence holder.

By specifying the DPS in the Premises Licence, it will usually be clear who is in charge of the premises on a day to day basis. This ensures that Police officers, Fire officers or officers of the Licensing Authority can immediately identify the DPS as the person in a position of authority at any Premises selling or supplying alcohol.

Any application for a Premises Licence must also include a form of consent given by the individual whom the applicant wishes to have specified in the Premises Licence as the DPS.
 

Does the DPS have to be on the premises at all times when alcohol is being sold?

No, in some cases this will not physically be possible. However, it will be expected that the DPS will spend a significant amount of time on the premises. What will be essential is that the DPS is contactable, particularly should problems arise with the premises.

 

Can I be a DPS at more than one premise at the same time?

Yes. However, this is down to the Local Authority's discretion. The only real requirement for being a DPS is that the individual concerned must be the holder of a personal licence. This ensures that where the activities concern the supply of alcohol there is a person associated with the premises who has an understanding of social issues and potential problems associated with the sale of alcohol. Some councils won't allow you to be the DPS of more than one premises, they will argue that one person cannot be in two places at once and therefore cannot be in full control of both.
 

Can anyone object to a person who is specified as a DPS?

Only the Chief Officer of the Police will be able to make representations about the specification of any DPS if he feels that the crime prevention objective could be undermined by that specification. This could include fears that the DPS would not be able to fulfil the responsibilities in respect of the crime prevention objective for more than one premises at the same time. Where the Chief Officer of Police makes representations about the DPS, the Licensing Authority must hold a hearing to consider them (unless all parties agree that this is unnecessary). As a result of the consideration of the representations, the Licensing Authority will refuse to specify the DPS if it considers it necessary for the promotion of the crime prevention objective to do so.
 

What happens if the DPS leaves their employment, notifies the licensing authority, but does not tell the Premises Licence holder?

The DPS must inform the relevant Licensing Authority if he or she wishes to be removed as DPS. Within 48 hours of the notice being given to the licensing authority, the individual must also give the premises licence holder a copy of the notice sent to the licensing authority. The DPS must also send a notice directing the licence holder to send to the relevant licensing authority the premises licence or if that is not practicable, a statement of the reasons for the failure to provide the licence within 14 days of receiving the notice.

If the holder fails to comply with the direction they will commit an offence.


How do I change the designated premises supervisor on my premises licence?

If you wish to change the Designated Premises Supervisor on the Premises Licence, you must apply to vary a Premises Licence to specify an individual as Designated Premises Supervisor(DPS). You must also submit the Consent of an individual being specified as premises supervisor to be completed by the proposed DPS.

The Police will have 14 days to object to the proposed appointment if it is felt it would undermine the Crime Prevention objective. If the Licensing Section receives an objection we must hold a hearing with the Licensing and Regulatory Sub Committee.

As with most of the applications on this site, you can do this yourself or you can get on with your business and leave it to us.
 
Click here to contact our variation team.

premises-licence.com

Would you like some further information on:

Premises Licence Applications

Premises Licence Review,

Premises Licence Variations,

Temporary Event Notices

or any licensing questions then:

Click here to view premises-licence.com

This site is designed to try and give you as much information as possible about Premises Licence Applications.

You can decide whether you wish to attempt applying for your Premises Licence yourself or you would like someone to take over that task for you.

Do I need a Personal Licence?

Under the Licensing Act 2003, you must hold a Personal Licence if you wish to sell alcohol.  If you are to be the DPS named on a Premises Licence, you must hold a valid Personal Licence.  All sales of alcohol must be authorised by a Personal Licence holder so it is advised that there is more than one Personal Licence holder working at a particular site.  However, it is not a legal requirement for a Personal Licence holder always to be present when alcohol is sold.