Designated Premises Supervisor

Variation of the designated premises supervisor

You can vary the Designated Premises Supervisor (DPS) of an existing premises licence which authorises the sale by retail of alcohol.

If you are a DPS of a premises, you can request to be removed from the premises licence.

The existing premises licence holder (or their authorised agent) of a premises licence may apply for a variation of Designated Premises Supervisor:

  • an application must be made by the holder of the premises licence;
  • it 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;
  • an application must also be accompanied by a consent form from the proposed DPS to show that they consent to taking on this responsible role;
  • Only one DPS may be specified in a single premises licence;
  • The applicant must give notice of the application to the Chief Officer of Police for the police area in which the premises are situated and to the existing DPS (if there is one).

Read a summary of the regulation relating to this licence.

Application process

Note

When making an application on GOV.UK, please ensure that the payment status is "paid". If no payment has been authorised, this may lead to your application being rejected. If you are in any doubt please contact the Licensing Team on our hotline 020 7364 5008.

Application evaluation process

Applications must be sent to the licensing authority for the area where the premises are located.

The Home Office have advised:

‘We amended the form to require date of birth, place of birth and nationality of the new DPS. The form asks the licensee to send a copy of the application to the existing DPS, and sharing this personal information is in breach of the Data Protection Act 1998.

We will amend the form via amending regulations. Unfortunately, we will have to wait until after the election to lay the regulations in Parliament. In the meantime we’ve put a the following note on the gov.uk page with the application form:

The application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003 asks the licensee to give a copy of the form to the existing premises supervisor. The completed form contains personal information about the proposed new DPS and sharing this information would be in breach of the Data Protection Act 1998. It is sufficient for the licensee to inform the DPS that the application has been made, without the need to share the specific details of the application. A full copy of the application form must still be sent to police. The form will be amended via regulations as soon as possible to make this clear.

Visit premises supervisor page on the central government website

The Act requires the existing DPS to be notified of the application, so when we amend the form it will ask the applicant to notify the existing DPS but not actually share the application form.’

What fee do I pay?

The fee is £23.

Online payments can be made on the payments page.

You can a make payment by telephone on 020 7364 5008.

What information do I need to include with the application form?

  • The consent form completed by the proposed premises supervisor
  • The premises licence, or the relevant part of it or an explanation

Where do I send copies of the forms?

To the Licensing Authority and the Chief Officer of the Police and the existing premises supervisor (if any)

The Chief Officer of Police:

Metropolitan Police Service
Tower Hamlets Division
Licensing Unit
Bethnal Green Police Station
12 Victoria Park Square
London E2 9NZ


Tel: 027 161 8793
Email: HT-LicensingOffice@met.police.uk

The Act 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.

Request to be removed as the Designated Premises Supervisor

You can request to be removed as Designated Premises Supervisor from the premises licence.

If you are an existing Designated Premises Supervisor, you can request to be removed from the premises licence.

Read a summary of the regulation relating to this licence.

Applications must be sent to the licensing authority for the area where the premises are located.

What fee do I pay?

There is no fee for this application

What information do I need to include with the application form?

Where the individual is the holder of the premises licence, the notice must also be accompanied by the premises licence (or the appropriate part of the licence) or, if that is not practicable, by a statement of the reasons for the failure to provide the licence (or part).

Where do I send copies of the forms?

Where you are NOT the Premises Licence Holder you must, no later than 48 hours after the time of giving this Notice to the Licensing Authority:

  • give a copy of this Notice to the Premises Licence Holder and
  • direct the Holder to send to the Licensing Authority, within 14 days of receiving a copy of the Notice, the Premises Licence or a statement of the reasons for failing to do so (sample Notice attached).

Application to Disapply the Designated Premises Supervisor

What type of premises can disapply the designated premises supervisor (DPS) provisions?

Where premises are selling alcohol the Licensing Act 2003 (“the Act”) allows for the mandatory requirement to have a designated premises supervisor (“DPS”) to be disapplied in relation to premises licences held by “community” type premises.

“Community premises” being defined as premises that are or form part of:

  • (a) a church hall, chapel hall or other similar building, or
  • (b) a village hall, parish hall, community hall or other similar building.

How will you decide whether or not my premises are a “community” type?

Where it is not clear whether premises are “community premises”, we will need to approach the matter on a case-by-case basis. The main consideration in most cases will be how the premises are predominately used. If they are genuinely made available for community benefit most of the time, and accessible by a broad range of persons and sectors of the local community for purposes which include purposes beneficial to the community as a whole, the premises will be likely to meet the definition.

This could feasibly include educational premises, such as school halls, but only where they are genuinely and widely used for the benefit of the community as a whole, and not just for the particular school in question. As such, community premises are usually multi-purpose and a variety of activities can be expected to take place in them, such as playschools, senior citizens’ clubs, indoor sports, youth clubs and public meetings. Many community premises such as school and private halls are available for private hire by the general public.

This fact alone would not be sufficient for such halls to qualify as “community premises”. Although availability of premises for hire might be seen as providing a facility for the community, we will want to consider whether halls used largely for private hire by individuals or private entities are genuinely by their nature “community premises”. The statutory test is directed at the nature of the premises themselves, as reflected in their predominant use, and not only at the usefulness of the premises for members of the community for private purposes. If the community premises is a registered charity, please include its Charity Commission number.

If the general use of the premises was contingent upon membership of a particular organisation or organisations, this would strongly suggest that the premises in question were not “community premises” within the definition. However, the hire of the premises to individual organisations and users who restrict their activities to their own members and guests would not necessarily conflict with the status of the premises as “community premises”, provided the premises are generally available for use by the community in the sense described above.

It is not the intention that ‘qualifying’ clubs which are able to apply for a club premises certificate should instead seek a premises licence with the disapplication of the usual mandatory conditions in sections 19(2) and 19(3) of the Act relating to the supply of alcohol.

What does “disapplication” mean?

Section 19 of the Act makes it a mandatory condition, in any premises licence authorising the sale of alcohol, that there must be no supply of alcohol under the licence when either:

  • i) there is no DPS in respect of the licence, or
  • ii) where the DPS does not hold a current personal licence.

In addition, it is a mandatory condition that every supply of alcohol must be made, or authorised by, a personal licence holder.

Whenever the mandatory conditions are disapplied an alternative mandatory condition will automatically apply instead. The effect of this alternative condition will be that responsibility for authorising sales of alcohol would fall on the premises licence holder itself, which will be the committee or board of individuals responsible for the management of the premises.

These individuals will be required to undertake the responsibilities that would normally be undertaken by a DPS. Provided the premises licence holder (i.e. the committee) had properly authorised the sale of alcohol, for example in written form through a hire agreement for the premises, an organisation or hirer using these premises for the sale of alcohol under the authority of the premises licence would not be required to obtain a personal licence.

There will be no automatic disapplication of the conditions in respect of any premises. A management committee of a community, church or village hall that seeks the removal of the conditions from an existing licence, or wishes to apply for a licence that does not include them will need to apply to us for the conditions to be removed, and have the alternative condition imposed instead. This may be done either as a part of a grant application, or as a separate application to vary their licence to disapply the DPS provisions.

In making an application to vary my licence to disapply the DPS provisions what do I need to produce?

An applicant must produce:

  1. a completed application form
  2. any documents (if available) which identify the premises and how it is managed;
  3. the appropriate fee of £23 and
  4. you must also submit the premises licence (or the appropriate part of that licence), or if that is not practicable, a statement of the reasons for the failure to provide the licence (or part).

Who do I serve notice on?

When serving the application on the Licensing Authority and, the applicant should simultaneously serve a copy of the application on the Police other than an online application where this will be done automatically for you. The application is not valid until this has been completed.

Complaints and appeals

See the main page for information on how to appeal or complain and our contact details.