Applying to vary the Designated Premises Supervisors (DPS)
Last Updated: 10 September 2021
Any premises where alcohol is supplied under a premises licence must have a Designated Premises Supervisor (DPS). They will be named on the premises licence, but will not necessarily be the premises licence holder, although this may sometimes be the case. Personal licence holders can be a DPS for more than one premises at the same time. They will be the points of contact for the premises at all times for licensing authorities, or the Police or Fire Services if problems occur at the premises.
The DPS does not have to be on the premises all the time but would be expected to spend a significant amount of time on the premises. It is essential that the DPS is contactable at all times, particularly when problems arise on the premises.
The Licensing Act 2003 and guidance requires DPS’s and personal licence holders to have responsibility for the sale and supply of alcohol because of its impact on the wider community, crime and disorder and anti-social behaviour. As this carries greater responsibility than that is associated with the provision of regulated entertainment and late night refreshment it is expected that more rigorous stringent controls are in place. A personal licence holder can supervise the sale of and authorise such sales and supplies.
Any premises at which alcohol is sold or supplied may employ more than one personal licence holder. For example, there may be members of staff who hold personal licences as well as the owner or senior manager.
Objections to a person being a DPS
Only the Chief Officer of Police will be able to make representations about the specification of any DPS if they feel 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 premises 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 may refuse to specify the DPS if it considers it necessary for the promotion of the crime prevention objective to do so.
Leaving employment as a DPS
The DPS must inform our licensing team if they wish to be removed as a DPS. Within 48 hours of notifying us the individual must also give the premises licence holder a copy of the Notice sent to us.
The DPS must also send a Notice directing the licence holder to send the premises licence to our licensing team. If that is not practicable, a statement of the reasons for the failure to provide the licence within 14 days of receiving the Notice should be issued to the licensing team.
If the holder fails to comply with the direction he/she will commit an offence.
Changing the details of the DPS
The premises licence holder should notify the Police when a DPS is to be newly appointed. The whole premises licence does not have to be provided for this amendment, just part of the licence will need to be submitted with the appropriate application form. This will also require submission of a schedule to the main licence giving personal details of key individuals. This should be amended by the licensing team.
If you need to apply to change the DPS fill in the application to vary the designated premises supervisor (DOC 75KB / 4 pages).
As part of the application, you will need to fill in the DPS consent form (DOC 40KB/ 2 pages).
Where premises are selling alcohol the Licensing Act 2003 allows for the mandatory requirement to have a designated premises supervisor (DPS) to be disapplied in relation to premises licences held by community type premises. Community premises being defined as premises that are or form part of;
- church hall, chapel hall or other similar buildings, or
- a village hall, parish hall, community hall or other similar buildings
If you would like to submit an application to disapply a DPS fill in the application to disapply the DPS (72KB / 6 pages).