Designated premises supervisor (DPS)
What is a designated premises supervisor (DPS)?
The main purpose of the DPS as defined in the Act is to ensure that there is always one specified individual, among these personal licence holders, who can be readily identified for the premises where a personal licence is in force. That person will normally have been given day-to-day responsibility for running the premises by the premises licence holder.
By specifying the premises supervisor in the premises licence, it will usually be clear who is in day to day charge of the premises, so that police officers, fire officers or officers of the licensing authority can identify immediately the designated premises supervisor as a 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. The only 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.
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, in the exceptional circumstances of the case, 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 premise 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 his 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 he will commit an offence.