Designated Premises Supervisor

Each pub must have a designated premises supervisor (DPS) who will be a point of contact for the licensing authorities, the police or fire services if problems occur at the premises. As such, they are named on the premises licence. The designated premises supervisor must hold a personal licence and will generally be the person in day-to-day control of the pub.

The designated premises supervisor is responsible for authorising every supply of alcohol at the pub, but this does not mean they have to be personally present at every transaction. They give authority to other members of staff to make sales. Neither is a designated premises supervisor required to be on the premises at all times. They can leave the premises in the hands of staff as long as they are contactable should problems arise. However, it should be remembered that the designated premises supervisor and the holder of the premises licence may be held responsible where staff are caught committing an offence under the Licensing Act.

Personal Licence

A personal licence allows the holder to sell alcohol for consumption on or off any premises covered by a premises licence. The licence is portable and lasts for 10 years, after which it can be renewed for a further 10. To qualify for a personal licence, an applicant must meet certain criteria laid out by the Licensing Act:

• The applicant must be over 18 years old.
• They must not have had a personal licence forfeited within the previous 5 years.
• They must possess an accredited licensing qualification.
• They must not have been convicted of any relevant or foreign offence.

 

Where the applicant fulfils all these criteria, the licensing authority must grant the application. If any of the first 3 requirements are not met, the application must be rejected. Where an applicant has been convicted of any relevant or foreign offence, the licensing authority must notify the chief officer of police, who may object to the application. In the case of a police objection, the normal procedure would be to reject the application, unless there are exceptional and compelling circumstances which justify granting it. If the police do not object, and the application meets the other requirements of the Licensing Act, the application must be granted.

Criminal Records Checks

All applicants are required to produce a Criminal Records Bureau Certificate to the licensing authority. All applicants must disclose whether they have been convicted outside England and Wales of a relevant offence or equivalent foreign offence.

Under the Data Protection Act, you can also request that the police provide you with details of any information about you, held on the Police National Computer. Contact your local police station for more details about this procedure.

What Are ‘relevant Offences’

Relevant offences include:

• Serious crime, including theft, burglary, firearms, violence and handling stolen goods.
• Serious dishonesty, including deception, false accounting, fraudulent evasion of duty, forgery and counterfeiting.
• Misuse of drugs, including production, supply and possession.
• Certain sexual offences.

• Offences under the Licensing Act 2003 or previous acts relating to licensing.
• Certain offences under the Trades Descriptions Act 1968, relating to alcohol.
• Certain offences under the Road Traffic Act 1988, involving drugs or alcohol.

Convictions While Holding A Personal Licence

If you are convicted of a relevant or foreign offence after you have been granted your personal licence, you are required to notify the court that you are a personal licence holder. You must also notify the licensing authority, who will notify the chief officer of police. If the police consider that continuing the licence would undermine the crime prevention objective, they may well insist on a hearing that could lead to the licence being revoked.

The Law Relating To Hours Of Opening

The Licensing Act 2003 allows flexible closing times rather than the fixed times that used to apply. It allows the possibility of the premises remaining open for up to 24 hours (if a publican felt that this was commercially viable). The actual hours of opening that are granted by the licensing authority will take into account the impact on local residents, businesses and the expert opinion of various authorities in relation to the licensing objectives. If no objections are raised, then the hours will be granted. Where there are objections, the licensing authority has discretion to determine what opening hours to allow.