Sunday 21 July

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Premises licence - change of circumstance

Variation of a designated premises supervisor (DPS)

A change of a designated premises supervisor (DPS) is a variation in terms of the premises licence. However, because of the anticipated frequency of such changes - due to DPS's suddenly leaving the employment of the premises licence holder - the Licensing Act 2003 provides that the variation be given immediate effect.

An application must be given to this council accompanied by consent from the individual who is nominated as the new DPS.

The application must be copied to the Chief Officer of Police, who may within 14 days object to the proposed appointment where, in exceptional circumstances, he is satisfied that it would undermine the crime prevention objective.

The appointment then becomes valid with effect from the date of application, unless or until there is a successful police objection or the application is withdrawn.

Interim authority

This is issued in special situations such as when the holder of a premises licence dies suddenly or becomes bankrupt or incapacitated in some way. Special arrangements are made for the continuation of the business by applying for an interim authority notice within seven days, beginning the day after the licence lapses. The effect of giving the notice is to reinstate the premises licence and thereby allowing licensable activities to continue to take place, pending a formal application for transfer.

The maximum period for which an interim authority may have effect is two months. The police can give notice within 48 hours to cancel the interim authority on grounds that it would undermine the crime prevention objective. In such circumstances, the council will hold a hearing to consider the arguments of the parties involved.

Rights of an individual who has a property interest

Any person who has a legal interest in a licensed premises can apply (with the relevant fee) to be notified of any licensing matters affecting the property. (This is known as a Notice of Interest). The notice has effect for a period of 12 months, beginning with the day it is received by this council.

More information on the Licensing Act 2003:

Last updated: ‎12‎/‎06‎/‎2024‎ ‎11‎:‎47‎