Application to vary a Premises Licence to specify an individual as a Designated Premises Supervisor

Legislation

In every premises licensed for the supply of alcohol, a Personal Licence holder must be specified as the Designated Premises Supervisor (DPS). This will normally be the person who has day-to-day responsibility for running the premises.

In the event that the Designated Premises Supervisor changes, the Premises Licence must be varied to show the new DPS. It is important that the Licensing Authority and Police are notified of this change as soon as possible. The new DPS must also consent to this variation.

How To Apply

An application to Vary a DPS must be made to the Licensing Authority for the area in which the premises is situated.

The application must be accompanied by the Premises Licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence;

The application must be accompanied by a consent form from the proposed DPS to show that they consent to taking on this responsible role (if the application is made online, the consent may also be given online);

Only one DPS may be specified in a single Premises Licence; where there are frequent changes of supervisor, the Premises Licence holder may submit the form in advance specifying the date when the new individual will be in post and when the change will take effect.

The applicant must give notice of the application to the Chief Officer of Police for the Police area in which the premises are situated (for contact details, see Responsible Authorities) and to the existing DPS (if there is one).

Applications can be made using the online application forms available on this webpage or using an application form available from the DCMS website.

If the application is made online, the Licensing Authority will, within one working day, serve copies on all relevant Responsible Authorities on your behalf.

What Happens Next

The Act provides a mechanism, which allows the variation of DPS to come into immediate interim effect as soon as the Licensing Authority receives it, until it is formally determined or withdrawn. This is to ensure that there is no interruption to normal business at the premises.

The Chief Officer of Police has 14 days, beginning with the day on which they are notified, to consider the application.

They can either:

  • object to the designation of the new premises supervisor where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective as set out in the Licensing Act 2003; or
  • raise no objection to the application.

The total timescale for determining an application for Variation of DPS (no objection received) is expected to be no more than 21 consecutive days, commencing with the correct receipt of the application paperwork (including the Chief Officer of Police) and the associated fee (see below). In this situation, the Licensing Authority has to grant the variation of DPS.

Will Tacit Consent apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the Licensing Authority by the end of the target completion period of 60 calendar days.

However, if an objection is received from the Chief Officer of Police, then arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and objection notice within 20 working days beginning the day after the period within which the Chief Officer of Police may give a notice.

Applicants should be aware that the timescales for processing an application do not start until all the necessary information has been received in full.

Because the timescales for processing a licence start once the necessary information has been submitted, rather than received, where tacit consent is applicable, it will only apply for applications that are submitted electronically or when the applicant can show proof of delivery from a post office or recognised courier.

Hearing

If an objection is received from the Chief Officer of Police, arrangements will be made for the council’s Licensing Sub-Committee to hear the application and objection notice within 20 working days beginning the day after the period within which the Chief Officer of Police may give a notice.
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant and the Chief Officer of Police at least 10 working days before the day of the hearing.
The applicant and Chief Officer of Police must give notice to the Licensing Authority at least 2 working days before the start of the hearing stating:

  • whether they will attend the hearing in person;
  • whether they will be represented by someone else (e.g. Lawyer / Councillor / MP);
  • whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing);
  • any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.

Hearing - what action is available to the Licensing Sub-Committee?

A hearing will go ahead, unless the Licensing Authority, the applicant and the Chief Officer of Police (giver of notice) agree through mediation that a hearing is unnecessary.

The 2003 Act provides that the applicant may apply for the individual to take up the post as DPS immediately and, in such cases, the issue would be whether the individual should be removed from this post. The committee must therefore restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision.

In this case, the committee would reject the application if it felt sufficient grounds existed; otherwise, the application would be approved.

Determination (hearing)

Where the application is either granted or rejected, the Licensing Authority will give a notice to that effect to the applicant, the proposed DPS and the Chief Officer of Police.

Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.

Where the application is granted, the notice must state the time when the variation takes effect.

Appeal

Right of appeal exists to the Magistrates' Court for both applicant and Chief Officer of Police and must be lodged with the Court within 21 consecutive days of the date of the objection notice.

Application Forms

If you wish to submit an online application see details below.

Read the instructions for online applicants.

Alternatively you can download forms from the DCMS website.

Postal applications should be sent to:

Licensing

2nd Floor
Civic Centre
44 York Street
Twickenham
TW1 3BZ

Telephone: 020 8831 6455
Fax: 020 8891 7713
Email: licensing@richmond.gov.uk

Applications can also be handed to Civic Centre reception at the Civic Centre. Our office hours are 9.00am to 5.15pm Monday to Thursday and 09.00 – 5.00 Friday.

In case of query, please telephone Licensing on 020 8831 6455 or e-mail us at licensing@richmond.gov.uk

Charges

A completed application must be submitted with a fee of £23.00 payable to ‘LBRUT’ and sent to the Licensing Team at the address above.

Further Information

Trade associations

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Updated: 20 January 2012