Community Premises - Designated Premises Supervisor (DPS) Removal
As of the 29th July 2009 new legislation was introduced to amend the Licensing Act 2003, which has an impact on Village Halls and Community Premises such as church halls, community centres, village halls, chapels (and parts thereof).
Community premises are now allowed to apply to have the standard mandatory conditions under s19(2)(a), s19(2)(b), and s19(3) of the Licensing Act 2003 removed from their premises licence. These conditions require all premises licensed for the sale of alcohol to have a DPS and for all sales of alcohol to be made or authorised by a person who holds a personal licence. This change will enable community premises to operate without a DPS and for sales of alcohol to be made on such premises without the authorisation of a personal licence holder.
Only the management committee of the premises can apply under this procedure. The application form requires the applicants to provide the names of the management committee's key officers to the licensing authority. The licensing authority must be satisfied that arrangements for the management of the premises by the committee or board are sufficient to ensure the adequate supervision of the supply of alcohol on the premises.
Currently these premises are not exempt from the requirements of mandatory conditions regarding DPS's and personal licences, and as such premises need to apply to disapply the mandatory conditions.
Where a community premises already has a premises licence to sell alcohol, but wishes to benefit from the relaxation in the requirements regarding DPS, the management committee should apply to include the alternative licence condition in place of the usual mandatory condition by submitting the prescribed form together with the prescribed fee of £23.
The process for new premises licence applications by community premises requires the application for the premises licence to be made in the usual way, using the standard application form for a new premises licence, which should be accompanied by the prescribed form for requesting the removal of the mandatory DPS condition.
There is no extra charge for new applicants, who simply pay the application fee payable with the premises licence application itself which is based on the rateable value of the premise. There will be no application fee as per previous exemption if the application does not request alcohol sales or late night refreshment). No other condition can be altered or removed under this process. Any other changes should be applied for in the usual way (i.e. via a new, variation or minor variation application).
For more information, please contact the licensing team on 01256 844844 or email licensing@basingstoke.gov.uk
The relevant application forms and guidance are attached below.
