Designated Premises Supervisor
You are required to appoint an individual who is the “designated premises supervisor” (DPS) for the store. They will be the individual, who is responsible for the operation of the premises. This individual will be the contact for any immediate concerns. They will, for example, be required to talk to local police as issues arise relating to the sale of alcohol on the premises or in the area around the store.
The DPS must hold a current personal licence.
There is nothing in the 2003 Act that requires the DPS to be on the premises at all times when alcohol is being sold. What is essential is that the DPS is contactable, particularly should problems arise with the premises.
There is no problem with an individual being both premises licence holder and DPS. Where the DPS is not the premises licence applicant you have to submit a signed letter from them accepting the responsibility.
Therefore you should select the most appropriate individual and nominate them to the local authority as the DPS, specifying name and address. The DPS would most often be the store-owner in the case of an independent retailer or the store manager in the case of multiples or groups.
Some retailers who run more than one shop are considering appointing themselves as the DPS of more than one store. In the same way some groups are considering appointing area managers to the position for the stores they are responsible for. This is perfectly in line with the Licensing Act 2003. However it is important to remember that the Licensing Authority needs to satisfy itself that a DPS is taking their responsibility for alcohol sales seriously, and a significant amount of day-to-day contact with the premises is likely to be part of that.
Each decision has to be taken on a case- by- case basis, and the way to decide what is the best decision for your store is, where possible, to discuss your plans with the local authority. They should be able to give you a strong indication of what they think of how you propose to manage this aspect of your licence.
Any changes to the DPS have to be notified to the licensing authority immediately and a new DPS nominated, who can take-over effective immediately. To do so you must write to or deliver written notification to your local authority. You must also provide a letter from the new designated premises supervisor signalling their consent to take the role on.
Your business is operating outside its licence if there is no designated premises supervisor appointed when alcohol is being served.