Ask the Expert: General Licensing

The “DPS” is a Designated Premises Supervisor (Designated Premises Manager – DPM - in Scotland). Every Premises Licence should identify a DPS on the Licence being the person having current day to day control of the premises in question. The exact role and responsibilities of a DPS is not defined. To become a DPS you must be the holder of a Personal Licence and have the BII accredited NCPLH qualification.

The Act is the Licensing Act 2003 for England and Wales; there are separate provisions for Scotland (2005 Act – and not identical)

The application for review can be made on the application of any party if there are concerns relating to the operation of the premises and its impact on the licensing objectives – see sections 51 – 53. Please note however that it is not quite as simple as that because subsequent provisions added to the Act (not shown in the above) allow for summary reviews where there are serious problem premises which also lead to a full review and revocation (new sections 53A/B/C) and also (for example) where a closure order is made under sections 161 – 170.

Sections 36 – 40 in the 2005 Act have the principal provisions for Scotland.

In England and Wales this is technically possible on a short term basis although the Police are likely to expect that you do have some daytime responsibility and powers of supervision at both sites. If you have any doubts about your particular circumstances, please give us a call.

In Scotland it is not possible to be the Designated Premises Manager (as it is called in Scotland) at more than one site at a time.

As a Personal Licence Holder charged with an offence, you are likely to be required to produce to the Court your Personal Licence at your first appearance or if that is not practical, notify the Court of the existence of your Personal Licence and explain why you cannot produce the Licence. This obligation arises where you are charged with a "relevant offence". "Relevant offences" are defined and include any licensing offence, various road traffic offences and most other serious offences. Details can be supplied upon request.

There are two ways to be extend the licensable activities permitted by your premises licence. You can apply to vary your licence on a permanent basis or you can obtain a Temporary Event Notice if, for example, you are having an irregular or one off event.

A permanent variation is a lengthier and more complicated process and it is advisable to seek legal advice before submitting an application. Please see our section on variations for more details.

If you require advice in regards to a permanent variation, please contact our one of our solicitors on 0114 2668664.

If you are conducting an irregular or one off event where you need to extend your licensable activities then you could obtain a Temporary Event Notice. This is meant to be a simpler alternative to a variation and your later hours will only apply for a set duration. However, there is a long list of time limits and restrictions associated with these Notices so please contact our Licensing Team on 0114 2668664 to discuss the best way forward.

There are a number of authorities that can visit your premises (inside, or sometimes outside, your hours of operation) and for numerous reasons ranging from routine visits to trying to close your premises. If you find yourself in the position where authorities are asking you to close voluntarily, have produced a closure notice or you simply feel you need expert legal advice immediately then contact our offices without delay.

We operate a 24 hour helpline where you can get in touch with an experienced licensing solicitor 24 hours a day, 7 days a week.

Please contact us on 0114 2663400 if you need to speak to us outside our normal office hours.

No - as long as alcoholic products do not comprise the majority of the prizes, then there is a good chance the customers could win something which is non alcoholic.