All sales of alcohol must be made by, or under the authority
of, a Personal Licence Holder. This does not apply to
qualifying Clubs or Premises operating under a Temporary Event
Notice (TEN). Not everyone who makes a sale has to hold a
Personal Licence, so long as a Personal Licence Holder has
authorised the sale.
Every supply of alcohol under the premises license must be
made or authorised by a personal licence holder. This means that
even if a premises has a premises licence, alcohol cannot be served
if a personal licence holder is not named as the Designated
Premises Supervisor on the premises licence and if that person has
not authorised the sale of alcohol.
No, the only person at alcohol-serving premises who must have
a personal licence is the Designated Premises Supervisor (DPS).
However, it would be advisable for each premise to have at least
one other personal licence holder in the case of accident or
prolonged absence of the DPS at all times.
What is a Designated Premises Supervisor?
All premises operating under a Premises Licence to sell or
supply alcohol must appoint a Designated Premises Supervisor (DPS)
for the premises. Any premises where alcohol is supplied under
a
Premises Licence must have a DPS. They
will be named in the Premises Licence, a summary of which must be
displayed on the premises. The DPS will be singularly
responsible for the running of the premises. You should therefore
choose this person with care.
Applicants must nominate the DPS on their application
form. This person does not have to be on the premises at all
times, but they must take responsibility for what happens
there. This means the DPS should ensure any staff they
appoint are appropriately trained in the requirements of the
Licensing Act 2003 and of any specific conditions attached to the
Premises Licence.
A person cannot become a DPS unless he is also a Personal
Licence Holder. See our
Premises Licence
section for further details and an application form
Does the Designated Premises Supervisor (DPS) have to be on the
premises at all times when alcohol is being sold?
No, in some cases this will not physically be possible.
However, it will be expected that the DPS will spend a significant
amount of time on the premises. It is essential that the DPS is
contactable at all times, particularly when problems arise on the
premises.
The Act and Guidance requires DPS’s and Personal Licence
Holders to have responsibility for the sale and supply of alcohol
because of its impact on the wider community, crime and disorder
and anti-social behaviour. As this carries greater
responsibility than that is associated with the provision of
regulated entertainment and late night refreshment it is expected
that more rigorous stringent controls are in place. A Personal
Licence Holder can supervise the sale of and authorise such sales
and supplies.
Any premises at which alcohol is sold or supplied may employ
more than one Personal Licence Holder. For example, there may be
members of staff who hold Personal Licences as well as the owner or
senior manager.
Can anyone object to a person who is specified as a Designated
Premises Supervisor (DPS)?
Only the Chief Officer of Police will be able to make
representations about the specification of any DPS if he feels, in
the exceptional circumstances of the case, that the crime
prevention objective could be undermined by that specification.
This could include fears that the DPS would not be able to fulfil
the responsibilities in respect of the crime prevention objective
for more than one premises at the same time. Where the Chief
Officer of Police makes representations about the DPS, the
Licensing Authority must hold a hearing to consider them (unless
all parties agree that this is unnecessary). As a result of the
consideration of the representations, the Licensing Authority may
refuse to specify the DPS if it considers it necessary for the
promotion of the crime prevention objective to do so.
Can there be more than one designated premises supervisor (DPS)
at the same premises?
The Act and Guidance specifies that there may only be one DPS
for any premises.
What happens if the designated premises supervisor (DPS) leaves
his employment, notifies the Licensing Authority, but does not tell
the Premises Licence Holder?
The DPS must inform the relevant Licensing Authority if he or
she wishes to be removed as DPS. Within 48 hours of the Notice
being given to the Licensing Authority, the individual must also
give the Premises Licence Holder a copy of the Notice sent to the
Licensing Authority. The DPS must also send a Notice directing the
Licence Holder to send the Premises Licence to the relevant
Licensing Authority. If that is not practicable, a statement of the
reasons for the failure to provide the licence within 14 days of
receiving the Notice should be issued to the Licensing
Authority.
If the holder fails to comply with the direction he/she will
commit an offence.
Can I apply for a Premises Licence if the person I have named
as the DPS has not yet obtained their Personal Licence under the
new regime?
Yes, you do not have to hold a Personal Licence when you are
named as DPS. However, if the person named as DPS does not have a
Personal Licence by 24th November 2005
or the date of grant of licence, if after that date, you will be in
breach of the conditions of the Premises Licence and you will not
be able to sell alcohol.
It must be noted however that it can take up to 3 months to
process applications for Personal Licences, therefore it is
recommended that applicants apply for licences as early as
possible, to enable the Personal Licence number to be quoted on the
DPS form.
Can I be a Designated Premises Supervisor (DPS) at more than
one premises at the same time?
Yes. The only requirement for being a DPS is that the
individual concerned must be the holder of a Personal Licence. This
ensures that where the activities concern the supply of alcohol,
there is a person who supervises the premises who has an
understanding of the social issues, potential problems associated
with the sale of alcohol and who is responsible for licensable
activities at the premises.
How do you change the details of the DPS?
Where a Designated Premises Supervisor is to be newly
specified, the normal procedure is for the Premises Licence Holder
to notify the Police of this. The whole Premises Licence does not
have to be provided for the amendment. The Act states that part of
the licence must be submitted with the appropriate application
form. This will also require submission of a schedule to the main
licence giving personal details of key individuals. This should be
amended by the Licensing Authority.
Does the Designated Premises Supervisor need to be on the
premises when alcohol is being served?
No, but that person should always be contactable. As the
Designated Premises Supervisor is ultimately responsible for every
alcohol sale, if there is any problem at the premises, it will be a
matter for the courts to decide if the DPS has shown due
diligence.
Although qualifying clubs don't need a DPS to sell alcohol to
members and their guests, this exemption does not apply if the
premises are hired out for wedding receptions and the like.
You need a full Premises Licence for these activities (unless you
are only holding a small number of events, which you can hold under
a TEN) and therefore need to appoint a DPS
What do I need to apply for a Personal Licence
There is a fee to obtain this Licence that must be paid at the
time of application. The applicant must apply for the Licence to
the Licensing Authority responsible for the region that they live
in - This may not be the same region in which they work.
The applicant must be over the age of 18 years.
Your application form must be accompanied by:
1. Two photographs of the applicant, which shall be
–
(a) taken against a light background so that the applicant's
features are distinguishable and contrast against the
background;
(b) 45 millimetres by 35 millimetres;
(c) full face uncovered and without sunglasses and, unless the
applicant wears a head covering due to his religious beliefs,
without a head covering;
(d) on photographic paper; and
(e) one of which is endorsed with a statement verifying the
likeness of the photograph to the applicant by a solicitor, notary,
a person of standing in the community or any individual with a
professional qualification.
2. Proof that you hold a Licensing Qualification that has been
accredited by the Secretary of State, or proof that you are a
person of prescribed description.
3. Either
(a) a criminal conviction certificate issued under section 112
of the Police Act 1997(a);
(b) a criminal record certificate issued under section 113A of
the Police Act 1997; or
(c) the results of a subject access search under the Data
Protection Act 1998(b) of the Police National Computer by the
National Identification Service; and in any case such certificate
of search results shall be issued no earlier than one calendar
month before the giving of the application to the relevant
licensing authority, and
4. A declaration by the applicant, in the form set out in
Schedule 3, that either he has not been convicted of a relevant
offence or a foreign offence or that he has been convicted of a
relevant offence or a foreign offence accompanied by details of the
nature and date of the conviction and any sentence imposed on him
in respect of it. A relevant/foreign offence that is spent within
the terms of the Rehabilitation of Offenders Act 1974 need not be
declared.
5. The fee of £37.
6. Accredited Licensing Qualification Certificate
For the purpose of Personal Licences, the Secretary of State
has accredited 2 qualifications under the Licensing Act 2003.
These are as follows:-
BIIAB Level 2 National Certificate for Personal Licence
Holders, QCA Accreditation Number: 100/4866/2 and;
GOAL Level 2 Certificate for Personal Licence Holders, QCA
Accreditation Number: 100/4865/0
Further information about the BIIAB qualification is available
on the BII website –
http://www.bii.org/If there are relevant offences, the Police can make a
representation against the application on the prevention of crime
and disorder grounds. If the police make a representation then
there will be a hearing of the application.
A copy of the application must be submitted to:
Local Licensing Authority
Cumbria Police
The holder of the licence is required by the 2003 Act to
notify the Licensing Authority that issued the licence of any
changes in name or address. The changes will be
recorded.
The holder is also under a duty to notify the Licensing
Authority of any subsequent convictions of any relevant offences
committed in this country or abroad.
These measures ensure that a single record will be held of the
holder’s history in terms of licensing.
Allerdale Borough Council
