HOW TO VARY THE DESIGNATED PREMISES SUPERVISOR UNDER THE LICENSING ACT 2003
A variation allows the Premises Licence Holder to nominate a new Designated Premises Supervisor (DPS). To vary the DPS simply means to replace the existing DPS with another Personal Licence holder. It does not vary the licence in any other way.
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All Premises Licences that authorise the sale of alcohol must specify a Designated Premises Supervisor (DPS). This person is in day-to-day control of the premises. The DPS is the individual who is the main point of contact for any of the responsible authorities when they call at the licensed premises. In reality, one Personal Licence holder could be the DPS of more than one premises.
Every premises licensed for the sale of alcohol only has one DPS per Premises Licence. There is one exception and that is at community premises, where the committee, in reality fulfil the DPS role.
The DPS does not have to be present on the premises at all times. However, as they are responsible for ensuring the premises are compliant with the law, I would suggest you appoint somebody who will clearly be at the premises on a daily basis.
Under a Premises Licence, sales of alcohol can only be made where there is a DPS in respect of the premises, and where that DPS has a Personal Licence. If the DPS leaves the business, or has his/her Personal Licence suspended or revoked, then an application to vary the DPS will have to be made.
In essence, you need to nominate another person as soon as possible. Remember, you cannot sell alcohol if your premises does not have a nominated DPS. The application will need to specify another Personal Licence holder who can take responsibility for day-to-day operation of the premises. You only need a DPS where the premises licence relates to the sale of alcohol.
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Until a valid application has been received by the local authority Licensing Team and the Police, no sales of alcohol can be made. It is an offence to sell alcohol where the current DPS is no longer responsible for the premises, or where the DPS does not have a valid Personal Licence.
Only the holder of the Premises Licence may make the application to vary the DPS. As well as completing the vary DPS form, they will need to get the consent of the proposed new DPS in order to complete the application. This is an addition form.
You can request that the application to have immediate effect. You tick the box that says ‘immediate effect’. If you do not do this, it will take effect 14 days after your local licensing authority receives the application, providing a representation is not made by the Police. Licensing cannot accept incomplete applications. The application will not be valid until the Licensing Team and the Police have received the correct forms.
The Police have 14 days to consider your application and to make a representation if they have any concerns. If a representation is made (this means an objection), a hearing will be held before the Licensing Sub Committee to decide whether to grant or refuse the application.
If you asked for the DPS variation to have immediate effect, it will continue to be valid until the hearing. If the application is granted, an updated Premises Licence will be issued and the new DPS will appear on the premises licence.
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Personal licences are granted to individuals to sell or to authorise the sale of alcohol. All sales of alcohol must be made by, or under the authority of, a personal licence holder. Not everyone who makes a sale has to hold a personal licence, so long as a personal licence holder has authorised the sale. This does not apply to sales that take place at premises which hold a club premises certificate, certain community premises or premises operating under a Temporary Event Notice.
A personal licence does not authorise its holder to sell alcohol anywhere, but only from establishments with a premises licence authorising the sale of alcohol in accordance with the premises licence. An individual may hold only one personal licence at any one time.
Applications for a personal licence must be made to the licensing authority in whose district the applicant lives.
PLEASE NOTE: The Deregulation Act 2015 received Royal Assent on 26th March 2015 and as from 1st April 2015 the requirement to renew personal licences has now been abolished.
Personal Licences will carry on indefinitely until such times that they are either surrendered or revoked. The expiry date no longer applies and therefore now has no relevance.
Before you can apply for a personal licence, you will first need to complete a qualification known as the Award for Personal Licence Holders (APLH).
the fee of £37 (payable by card only)
two passport sized photos an original basic disclosure certificate dated within the last 30 days.
the original licensing qualification certificate
proof of your right to work in the United Kingdom (the original document must be brought in to be photocopied by a member of staff in reception)
The Licensing Department will notify the police of the application, who may formerly object within 14 days. If an objection is received from the police, a hearing will be arranged to determine the application. If there are no objections and the applicant fulfils the criteria, the licence will be granted.Under section 127 of the Licensing Act 2003, holders of Personal Licences are required to notify their relevant licensing authority if there are any changes in the name or address shown on the face of the licence (for example, if the holder moves to a different house, or if they change their name by deed poll). The below form may be used to fulfil this requirement. There is a fee of £10.50 payable, When received, the licensing authority will reissue the Personal Licence to show the updated.If your personal licence has been lost, stolen, damaged or destroyed then you’ll need to apply for a replacement. Authorised officers can ask to see your personal licence and you are legally required to be able to produce it.