APLH DPS Responsibilities

Question 1

What is the role of the Designated Premises Supervisor (DPS) under the Licensing Act 2003?

Accepted 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

Answer

To manage all staff HR matters at the premises

Answer

To physically supervise every alcohol sale in person

Answer

To be the emergency contact for the licensing authority

Question 2

Is it a requirement for the DPS to be present at the premises at all times when alcohol is being sold?

Accepted Answer

No — the DPS authorises the sale of alcohol by others and does not need to be present in person for every sale

Answer

Yes — the DPS must be physically present whenever alcohol is sold

Answer

Yes — but only for off-licences

Answer

No — but the DPS must be within 1 kilometre of the premises during trading hours

Question 3

What happens to a premises licence for alcohol if there is no DPS named on it?

Accepted Answer

The premises may not sell alcohol until a new DPS has been nominated and the premises licence has been varied accordingly

Answer

The licence continues to operate normally without a DPS for up to 6 months

Answer

The premises may continue to sell alcohol if a personal licence holder is present

Answer

The licence is automatically revoked after 28 days without a DPS

Question 4

What must the DPS do to step down from their role at a premises?

Accepted 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

Answer

Simply resign from the position verbally to the employer

Answer

Give 3 months' written notice to the licensing authority

Answer

Return their personal licence to the licensing authority

Question 5

In what circumstance can the licensing authority remove the DPS designation from a premises licence without the DPS's consent?

Accepted Answer

Following a review of the premises licence where the licensing authority determines that removing the DPS is necessary to promote the licensing objectives

Answer

It cannot do so in any circumstances without the DPS's consent

Answer

After 3 complaints from the public about the premises

Answer

After the DPS has been absent from the premises for more than 14 days

Question 6

Can a premises licence authorise the sale of alcohol without naming any specific individual as DPS?

Accepted Answer

No — every premises licence that authorises the sale of alcohol must name a specific individual who holds a personal licence as the DPS

Answer

Yes, in a company-run operation where the board of directors takes collective responsibility

Answer

Yes, for off-licences operated by a sole trader who is the only personal licence holder in the business

Answer

Yes, where the premises holds a club premises certificate rather than a premises licence