Guidance Notes to Vary a Designated Premises Supervisor (DPS)
Licensing Act 2003

Introduction

B|y law, in every premises licensed for the sale/supply of alcohol, a personal licence holder must be specified as the Designated Premises Supervisor (DPS) for the premises.

It is an offence to sell/supply alcohol under a premises licence at a time when there is no designated premises supervisor in respect of that licence.

What is the role of the DPS?

A DPS is responsible for the day to day activities at licensed premises and acts as the point of contact for any licensing, compliance or enforcement enquiries/activities with the licensing or police officers.

Completing the Form

1. |Describe the premises - e.g. the type of premises.
2. |Sign the application form.
3. |An applicant's agent (for example solicitor) may sign the form on their behalf provided that they have actual authority to do so.
4. |Where there is more than one applicant, both applicants or their respective agents must sign the application form.
5. |The address given will be used to correspond with you about this application.

What happens next?

On receipt, an application for change of DPS will be checked to ensure that it is valid and has been satisfactorily completed i.e. all the relevant information and documentation has been provided.

What will happen if the police make a representation?

Where we receive representation(s), the law requires us to hold a hearing of our Licensing Sub-Committee to determine the application (unless all parties agree that a hearing is not necessary).

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.

Where the police do object, the Licensing Authority must arrange for a hearing at which the issue can be considered and both parties will have an opportunity to speak.

Will Tacit Consent (automatic approval if the Council does not decide on your application in time) Apply?

Yes, in most cases. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period (for applications that are submitted electronically or when the applicant can show proof of delivery from a post office or recognised courier).

Appeals

Any appeal must be made to the Magistrates' Court in the area in which the premises concerned are situated. For more information see |Her Majesty's Courts and Tribunals Service.

Any appeal must be lodged within a period of 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision to be appealed against.