How to become a DPS Designated Premises Supervisor


The main purpose of the DPS is to ensure that there is always one specified individual, among other Personal Licence holders employed at the venue, to take day-to-day responsibility for running the premises.

This person will therefore occupy a pivotal position and will deal with the Responsible Authorities on problems associated with the Premises Licence.

The DPS must hold a Personal Licence and only one DPS may be specified on a Premises Licence. A DPS does not have to be present at the licensed premises at all times but they must be easy to contact when they are not.

Police objection

The police may object to the designation of a new premises supervisor where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective.

Preliminary meeting

The council and the police may ask an applicant to attend a meeting before taking up their duties as a DPS to ensure that the licensing objectives are understood clearly by those responsible for the licensed premises.

Hearings

If the police object to the application on the grounds of crime prevention, the council will arrange a hearing at which the issue can be considered. As the Licensing Act 2003 (the Act) provides that the applicant takes up their post as DPS immediately, the hearing will determine whether or not to remove an individual from this post.

The council must confine its considerations to issues of crime and disorder. Applicants will be provided with the full reasons for any decision that is made.

Review of licences

The police can, at any stage after the appointment of the DPS, seek a review of a Premises Licence on any grounds relating to the licensing objectives, if anxieties arise about the performance of the DPS.

Appeals

If an application is refused for any reason, the applicant will be entitled to appeal against the decision at a magistrate’s court. Similarly, if the application is granted despite a police representation, the chief officer of police is entitled to appeal against the council’s decision.

Applying to become a DPS

* Consent of a Premises Licence holder
The holder of a Premises Licence must consent to an individual becoming a DPS on their establishment. They must complete a form of consent (Schedule 2 article 2).
* Consent of an individual to become a DPS
Under Part A (Schedule 11 Regulation 24) of the Act, the prospective DPS must complete a form of consent that he or she wishes to be specified as the DPS at the premises.
* Varying the Premises Licence to specify a DPS
The DPS details can be changed at any time by completing the form to vary the Premises Licence to specify a DPS (Schedule 5 regulation 13) with the consent of the Premises Licence holder and the individual who is to become the DPS.

Offences

Closure Order

Any person who permits premises to be open in contravention of a magistrate’ Closure Order is liable, on conviction, to a fine of up to £20,000 and/or imprisonment for up to three months.

Obstructing the police or the council

Any person who obstructs a police officer or an authorised council officer from entering licensed premises to investigate whether a licensable activity is being carried on is liable to a fine if convicted. Any person who obstructs an authorised council officer from entering premises to inspect them in relation to the grant of a licence, Provisional Statement, variation or review of a licence is also liable to a fine if convicted.

Failure to produce a licence

Any person who fails to produce their Personal Licence or Premises Licence (or certified copy) to a police officer or authorised council officer for examination is liable to a fine if convicted.

Notifying relevant persons

If someone applies for a variation, refusal, transfer of licence or Interim Authority and fails to notify the DPS, they will be liable to a fine on conviction.

Unauthorised licensable activities

A person commits an offence if they:

* carry on or attempt to carry on a licensable activity on or from any premises without authorisation:
* knowingly allow a licensable activity to be carried on or from any premises without authorisation.

These offences cover premises that are entirely unlicensed or relate to breaches of the terms and conditions included in licences and certificates where a person operates licensable activities outside the agreed authorisation set by the council.

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