DPS Responsibilities Flashcards

What training responsibilities does a DPS typically have for their bar staff?

Answer: Ensuring staff understand and comply with age verification policies, responsible alcohol service, the licensing conditions, and what to do in an emergency

Although the Act does not mandate specific training, a DPS who fails to train staff in responsible alcohol service and the licence conditions cannot claim due diligence — training is a practical necessity for operating lawfully.

What is the DPS's relationship with the premises licence holder if they are different people?

Answer: The DPS is named on the premises licence as the responsible day-to-day manager — they must cooperate with the licence holder to ensure the licence is operated in accordance with its conditions

The DPS and premises licence holder have complementary but distinct roles — the licence holder holds the authorisation, the DPS takes day-to-day management responsibility; both face liability for breaches of the licence.

A fire breaks out in a licensed premises during trading hours. What immediate responsibilities does the DPS have?

Answer: Initiate evacuation in accordance with the fire safety plan, ensure the emergency services are called, account for all persons, and cooperate with the fire service

Fire safety is a public safety matter directly engaging the public safety licensing objective — the DPS must act in accordance with the fire safety plan, prioritising human life above all else.

What documentation should a DPS maintain or have available in connection with the licence?

Answer: The premises licence document, the summary (displayed prominently), the licence conditions, up-to-date training records, refusal logs, and incident registers as appropriate

The DPS should have ready access to the full premises licence, maintain systems records including incident registers and training logs, and ensure the summary is displayed — this documentation underpins the due diligence defence.

Under the Licensing Act 2003, can a DPS be prosecuted personally for an offence committed by a member of their staff?

Answer: Yes — where the DPS 'knowingly' permitted the offence or was negligent in supervision, they may face personal prosecution

Where a DPS knowingly permits an offence or is reckless as to whether it occurs, they face personal liability — this is the personal accountability that makes the DPS role significant and not merely nominal.

What is the purpose of the premises licence 'summary' that must be displayed at licensed premises?

Answer: To provide publicly visible evidence that the premises holds a valid licence, showing key details including the licence number and the name of the DPS

The premises licence summary must be displayed prominently — it confirms the premises is licensed, identifies the DPS, and allows the public and enforcement officers to verify the licence at a glance.