APLH DPS Responsibilities 1 — Questions and Answers
Question 1: What is the role of the Designated Premises Supervisor (DPS) under the Licensing Act 2003?
- To manage all staff HR matters at the premises
- To be the individual who holds day-to-day responsibility for ensuring that the premises operates in accordance with its licence, and in whose name each sale of alcohol is authorised (Correct answer)
- To physically supervise every alcohol sale in person
- To be the emergency contact for the licensing authority
Correct answer: To be the individual who holds day-to-day responsibility for ensuring that the premises operates in accordance with its licence, and in whose name each sale of alcohol is authorised
The DPS is the key contact between the premises and the licensing authority — they are the responsible personal licence holder who accepts accountability for the day-to-day operation of the licence.
Question 2: Is it a requirement for the DPS to be present at the premises at all times when alcohol is being sold?
- Yes — the DPS must be physically present whenever alcohol is sold
- No — the DPS authorises the sale of alcohol by others and does not need to be present in person for every sale (Correct answer)
- Yes — but only for off-licences
- No — but the DPS must be within 1 kilometre of the premises during trading hours
Correct answer: No — the DPS authorises the sale of alcohol by others and does not need to be present in person for every sale
The DPS authorises others to make sales under s.153 — they need not be present in person at every sale, but they must be the named responsible individual and must operate appropriate supervision systems.
Question 3: What happens to a premises licence for alcohol if there is no DPS named on it?
- The licence continues to operate normally without a DPS for up to 6 months
- The premises may not sell alcohol until a new DPS has been nominated and the premises licence has been varied accordingly (Correct answer)
- The premises may continue to sell alcohol if a personal licence holder is present
- The licence is automatically revoked after 28 days without a DPS
Correct answer: The premises may not sell alcohol until a new DPS has been nominated and the premises licence has been varied accordingly
A premises licence authorising the sale of alcohol must always name a DPS — without one, the sale of alcohol is not authorised, and the licence cannot be used for alcohol sales until a new DPS is nominated.
Question 4: What must the DPS do to step down from their role at a premises?
- Simply resign from the position verbally to the employer
- Give consent in writing (on the prescribed form) and the premises licence holder must apply to vary the DPS to name a replacement, or the authority will be notified of the vacancy (Correct answer)
- Give 3 months' written notice to the licensing authority
- Return their personal licence to the licensing authority
Correct answer: Give consent in writing (on the prescribed form) and the premises licence holder must apply to vary the DPS to name a replacement, or the authority will be notified of the vacancy
Changing or removing the DPS is a formal variation to the premises licence — the outgoing DPS gives consent and the licence holder applies to substitute a new DPS, or notify the authority of the vacancy.
Question 5: In what circumstance can the licensing authority remove the DPS designation from a premises licence without the DPS's consent?
- It cannot do so in any circumstances without the DPS's consent
- Following a review of the premises licence where the licensing authority determines that removing the DPS is necessary to promote the licensing objectives (Correct answer)
- After 3 complaints from the public about the premises
- After the DPS has been absent from the premises for more than 14 days
Correct answer: Following a review of the premises licence where the licensing authority determines that removing the DPS is necessary to promote the licensing objectives
A licence review can result in removal of the DPS as a condition — the licensing authority can order that a named individual is removed as DPS without their consent if the review determines this is necessary.
Question 6: Can a premises licence authorise the sale of alcohol without naming any specific individual as DPS?
- Yes, in a company-run operation where the board of directors takes collective responsibility
- No — every premises licence that authorises the sale of alcohol must name a specific individual who holds a personal licence as the DPS (Correct answer)
- Yes, for off-licences operated by a sole trader who is the only personal licence holder in the business
- Yes, where the premises holds a club premises certificate rather than a premises licence
Correct answer: No — every premises licence that authorises the sale of alcohol must name a specific individual who holds a personal licence as the DPS
A specific named individual with a personal licence must be designated as DPS on every premises licence authorising alcohol sales — there is no alternative arrangement; clubs with a club premises certificate are a different matter.
APLH DPS Responsibilities 1
What is the role of the Designated Premises Supervisor (DPS) under the Licensing Act 2003?