APLH DPS Responsibilities 2 — Questions and Answers
Question 1: What responsibility does the DPS bear if staff sell alcohol to an under-18 customer without the DPS's knowledge?
- The DPS bears no responsibility — only the staff member who made the sale is liable
- The DPS may face personal liability if they failed to put in place adequate systems and training to prevent underage sales, or if they 'permitted' the sale through negligent oversight (Correct answer)
- The DPS is automatically liable regardless of their management practices
- Liability rests solely with the premises licence holder
Correct answer: The DPS may face personal liability if they failed to put in place adequate systems and training to prevent underage sales, or if they 'permitted' the sale through negligent oversight
The DPS can be liable if they knowingly or negligently permitted under-age sales — failure to implement adequate training, supervision, and age verification policies can amount to permitting the offence.
Question 2: What is the DPS's obligation if they become aware that the premises is being used for drug supply?
- Advise the premises licence holder in writing and take no immediate action
- Take immediate steps to prevent the drug supply, inform the police, and consider whether the premises licence needs to be reviewed (Correct answer)
- Report only to the licensing authority
- There is no specific obligation on the DPS in this situation
Correct answer: Take immediate steps to prevent the drug supply, inform the police, and consider whether the premises licence needs to be reviewed
A DPS who becomes aware of drug dealing must act — failing to take steps to prevent it could mean they are permitting a criminal activity on the premises, undermining the prevention of crime and disorder objective.
Question 3: When is a personal licence holder required to be present for the authorisation of an alcohol sale?
- For every sale of alcohol on the premises
- A personal licence holder must be available to give or have given authority for sales — but need not be physically present at every transaction provided they have delegated authority appropriately (Correct answer)
- Only for sales after 11pm
- Only when the premises is in a cumulative impact zone
Correct answer: A personal licence holder must be available to give or have given authority for sales — but need not be physically present at every transaction provided they have delegated authority appropriately
Section 153 allows personal licence holders to authorise others to make sales — the holder need not attend each transaction personally, but must have given valid authority to those selling on their behalf.
Question 4: What is the significance of the DPS being 'responsible for the day-to-day management' of the premises?
- It means the DPS must be the premises' general manager
- It means the DPS is the personal licence holder who accepts accountability for ensuring the licensing conditions are followed in practice and the licensing objectives are promoted (Correct answer)
- It requires the DPS to be present for all alcohol deliveries
- It means the DPS is responsible for financial management of the premises
Correct answer: It means the DPS is the personal licence holder who accepts accountability for ensuring the licensing conditions are followed in practice and the licensing objectives are promoted
Day-to-day management responsibility means the DPS is accountable for the culture, systems, and practices that determine whether the licensing objectives are being promoted — it is a responsibility of substance, not just title.
Question 5: What should a DPS do if they are about to be absent from the premises for an extended period, such as a long holiday?
- Inform the licensing authority in advance and the absence is automatically authorised
- Ensure that adequate management cover is in place from another personal licence holder or that the premises adjusts operations as appropriate, with a substitute DPS formally notified if required (Correct answer)
- The premises must close during the DPS's absence
- Nothing — the DPS role continues and the premises operates normally without active DPS oversight
Correct answer: Ensure that adequate management cover is in place from another personal licence holder or that the premises adjusts operations as appropriate, with a substitute DPS formally notified if required
There is no legal requirement to notify the authority of a short absence, but the DPS retains responsibility — for extended absences, it may be necessary to vary the DPS on the licence to ensure continuous accountability.
Question 6: What is the consequence for the DPS personally if the premises licence is revoked following a review?
- Their personal licence is automatically revoked at the same time
- Their personal licence is not automatically affected — it remains valid and they can act as DPS elsewhere, unless the court specifically orders otherwise (Correct answer)
- They are banned from the licensed trade for 5 years
- They must retake the APLH qualification before acting as DPS again
Correct answer: Their personal licence is not automatically affected — it remains valid and they can act as DPS elsewhere, unless the court specifically orders otherwise
Revocation of a premises licence does not automatically affect the DPS's personal licence — the personal licence and premises licence are separate instruments, and only a court can forfeit or suspend a personal licence.
APLH DPS Responsibilities 2
What responsibility does the DPS bear if staff sell alcohol to an under-18 customer without the DPS's knowledge?