Licensing | Community Premises - DPS
Community premises are now allowed to apply for a Premises Licence and have the standard mandatory conditions removed from the Premises Licence. The mandatory conditions are:
- That every sale is made or authorised by a Personal Licence Holder
- That a Designated Premises Supervisor (DPS) be appointed at the premises.
This change in the law 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.
Community Premises are such premises as church halls, chapels, community and village halls. Whether or not premises are defined as "community premises" will be decided on an individual basis and consideration given as to whether the premises:
- Are genuinely made available for community benefit most of the time
- Area accessible by a broad range of persons and sectors of the local community
- Are for purposes which include purposes beneficial to the community as a whole
Where community premises provide regulated entertainment there will be an exemption from paying a fee for the new Premises Licence. Community premises licensed to sell alcohol or provide late night refreshment will be required to pay a fee for the new Premises Licence.
Who can apply for the Premises Licence?
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 committees key officers to the local Council.
The Council must be satisfied that the arrangements for the management of the premises by the committee are sufficient to ensure the adequate supervision of the supply of alcohol on the premises.
If community Premises already have a Premises Licence how can they apply to have the mandatory conditions “disapplied”?
The committee will be required to complete an Application form and send a fee of £23 to the Council.
If community Premises do not already have a Premises how can they apply to have the mandatory conditions “disapplied”?
The Application for the new Premises Licence is made in the usual way using the standard Application form for a new Premises Licence which should be accompanied by the new Application form asking for the requirement for a DPS and Personal Licence Holder to be disapplied. There is no £23 fee payable.
How will the Council satisfy itself that the premises will be properly managed when licensable activities are taking place?
The Application form requires applicants to set out how the premises is managed, its committee structure and how supervision of alcohol sales is to be ensured in different situations. Applicants will also need to show how responsibility for this is determined in individual cases and reviewed within the committee procedure in the event of any issues arising.
The Council may request further details, if management of the premises is not sufficiently clear.
What happens if offences are committed under the Licensing Act?
The committee will remain the Premises Licence Holder and will be responsible for ensuring compliance with the law and licensing conditions. The hirer of any premises must be clearly identified as having responsibility for matters failing within his or her control ie, Temporary Event Notices.
Can anyone object to the Application?
In exceptional circumstances the Police can object to the application on the grounds of crime and disorder and issue a notice seeking the refusal of the application to include the new mandatory condition. A hearing would then be required and there is a right of appeal by either party.
Who should I contact if I need help?
Please contact David Smith at Turbervilles, Solicitors if you need any assistance with any of the matters referred to above.