APLH - Award for Personal Licence Holders Role of the DPS Questions and Answers — Questions and Answers
Question 1: A pub's Designated Premises Supervisor (DPS) has resigned. The Premises Licence Holder (PLH) immediately submits an application to the licensing authority to specify a new DPS. When can the premises legally resume selling alcohol?
- After the 14-day police consultation period ends without objection.
- As soon as the application is submitted to the licensing authority. (Correct answer)
- Only after a new premises licence summary has been issued and displayed.
- Once the new DPS physically arrives on the premises to start their shift.
Correct answer: As soon as the application is submitted to the licensing authority.
When an application to vary the DPS is submitted to the licensing authority, it can take immediate effect, allowing the premises to continue selling alcohol without interruption. The police have a 14-day period to object, but the authorisation to sell alcohol is provisionally in place from the moment the application is correctly made.
Question 2: Which of the following statements most accurately describes the legal accountability of a Designated Premises Supervisor (DPS)?
- The DPS is the primary contact for authorities but shares legal responsibility equally with all other personal licence holders on site.
- The DPS is responsible for authorising alcohol sales but the Premises Licence Holder retains all legal accountability for breaches.
- The DPS has day-to-day responsibility for the premises and is legally accountable for authorising the sale of alcohol. (Correct answer)
- The DPS is only legally accountable for breaches of the licence that occur when they are physically present on the premises.
Correct answer: The DPS has day-to-day responsibility for the premises and is legally accountable for authorising the sale of alcohol.
The DPS is the person with day-to-day responsibility for the running of the business and is responsible for authorising alcohol sales. This role makes them the key point of contact and legally accountable, even though they can delegate tasks. While other personal licence holders have responsibilities, the DPS holds the specific legal accountability for the supervision of alcohol sales as named on the licence.
Question 3: A single individual holds a personal licence and has been appointed as the Designated Premises Supervisor (DPS) for three separate pubs owned by the same company. Under the Licensing Act 2003, is this arrangement permissible?
- No, an individual can only be the DPS for a maximum of two premises.
- No, an individual must work full-time at any premises for which they are the DPS.
- Yes, provided they can effectively manage and supervise all premises to ensure the licensing objectives are promoted. (Correct answer)
- Yes, but only if the pubs are all located within the same local authority area.
Correct answer: Yes, provided they can effectively manage and supervise all premises to ensure the licensing objectives are promoted.
The Licensing Act 2003 allows a single individual to be the DPS for more than one premises. The key consideration is whether they are able to ensure the proper management and promotion of the four licensing objectives across all the sites for which they are responsible.
Question 4: The police have concerns that the appointment of a proposed new Designated Premises Supervisor (DPS) would be detrimental to the prevention of crime and disorder. What is the primary action the police can take in this situation?
- Issue a fixed penalty notice to the Premises Licence Holder.
- Revoke the premises licence immediately.
- Object to the appointment within a 14-day period. (Correct answer)
- Require all staff at the premises to retake their APLH training.
Correct answer: Object to the appointment within a 14-day period.
If the police are satisfied that granting the application to vary the DPS would undermine the crime prevention objective, they can object. They have a 14-day period from the day they are notified of the application to raise this objection with the licensing authority.
Question 5: Which of the following is NOT a mandatory requirement for an individual to be appointed and to act as a Designated Premises Supervisor (DPS)?
- They must hold a valid personal licence.
- They must be formally named on the premises licence.
- They must be physically present on the premises at all times alcohol is sold. (Correct answer)
- They must provide a signed consent form to act as DPS with the application.
Correct answer: They must be physically present on the premises at all times alcohol is sold.
A DPS is not required to be on the premises at all times. However, they must have day-to-day responsibility and be contactable. They must hold a personal licence, be named on the premises licence, and consent to the role.
Question 6: A community village hall holds a premises licence authorising the sale of alcohol. The management committee finds it difficult to ensure a single individual can always be available to act as DPS. What special provision may be available to them under the Licensing Act 2003?
- They can operate without a premises licence if sales are for charity.
- They can apply to the licensing authority to remove the requirement to have a DPS. (Correct answer)
- They can appoint any adult member of the management committee as temporary DPS for each event.
- They can sell alcohol without any authorisations as long as the profits go to the community.
Correct answer: They can apply to the licensing authority to remove the requirement to have a DPS.
Certain community premises, such as village and church halls, can apply to the licensing authority to 'disapply' the mandatory condition requiring a DPS. If granted, the responsibility for authorising alcohol sales passes to the management committee as a whole.
APLH - Award for Personal Licence Holders Role of the DPS Questions and Answers
A pub's Designated Premises Supervisor (DPS) has resigned.
The Premises Licence Holder (PLH) immediately submits an application to the licensing authority to specify a new DPS.
When can the premises legally resume selling alcohol?