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, you can be a DPS holder in more than one premises, however, this must be determined by your local council. To be a DPS in more than one premises at a time, you must be a holder of a personal licence.
A personal license ensures that the individual understands all of the implications (social issues and potential problems) undergoing the supply and sale of alcohol on the premises. The fact that a person cannot be in two places at the same time, and therefore cannot be in control of both premises, is the main factor preventing many local authorities accepting a DPS on more than one premise.
You must check with your local authority to determine whether you are able to be a DPS in more than one property at the same time.
Can anyone object to a person who is specified as a DPS?
Any objection to a DPS is a legal act and must be handled by the police. A Chief Officer of the Police will make the necessary investigations if they feel that the prevention of crime is undermined by the DPS.
If it is found that the DPS cannot fully implement the crime prevention objective when he is in control of more than one premise at a time, they will be liable to objections. Once representations about the DPS have been made clear, it must be noted by the Licensing Authority.
The Licensing Authority will hold a hearing as long as the two parties still deem this necessary. At the hearing, the Licensing Authority will not specify the DPS under the consideration of the representations.
What happens if the DPS leaves their employment, notifies the licensing authority, but does not tell the Premises Licence holder?
Firstly, if a DPS is leaving a term of employment, they must inform the Licensing Authority. Once the notification is declared, the individual is given 48 hours to alert the premises licence holder with a copy of the notice that is sent to the Licensing Authority.
It is expected of the DPS to direct the licence holder to send the premises licence to the relevant Licensing Authority. If they are unable to do so within 14 days of receiving the notice, the licence holder must send a statement that explicitly declares the reasons for the failure to provide the licence.
If the licence holder does not comply with either of these directions, they will commit an offence.