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Premises: Variation of Designated Premises Supervisor (DPS)

In every premises licensed for the supply of alcohol, a personal licence holder must be specified as the designated premises supervisor (DPS). This will normally be the person who has day-to-day responsibility for running the premises.

 

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Department: 

Licensing Team, Vale of Glamorgan Council, Civic Office, Holton Road, Barry, CF63 4RU

 

Application Process 

To make application you must submit:

  • the premises licence or, if that is not practicable, a statement of the reasons for the failure to provide the licence
  • relevant application form
  • relevant fee (this fee is not refundable)
  • 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.

 

  •  Application Notice
    The applicant must give notice of the application to the Chief Officer of Police for the Police area in which the premises are situated / Home Office and to the existing DPS (if there is one). If applying online via UK Welcomes or through Flexible Support for Business the Vale of Glamorgan Council is responsible for sending the relevant copies to the responsible authorities.

     

    The Chief Officer of Police / Home Office 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.

     

    The total timescale for determining an application for variation of DPS (no objection received) is expected to be no more than 21 consecutive days, commencing with the correct receipt of the application paperwork (including the chief officer of police / Home Office) and the associated fee (see below). In this situation, the licensing authority has to grant the variation of DPS.

    If an objection is received from the chief officer of police / Home Office, arrangements will be made for the council’s Licensing Sub-Committee to hear the application and objection notice within 20 working days beginning the day after the period within which the chief officer of police may give a notice.

     

    Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant and the chief officer of police at least 10 working days before the day of the hearing.

     

    The applicant and chief officer of police / Home Office must give notice to Vale of Glamorgan Council at least 2 working days before the start of the hearing stating:

    • whether they will attend the hearing in person
    • whether they will be represented by someone else (e.g. lawyer / councillor / MP)
    • whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing)
    • any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.

     

  •  Determination

    Where the application is either granted or rejected, the licensing authority will give a notice to that effect to the applicant, the proposed DPS and the chief officer of police / Home Office.

    Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.

    Where the application is granted, the notice must state the time when the variation takes effect.

  •  Hearing - what action is available to the licensing sub-committee?

    A hearing will go ahead, unless the licensing authority, the applicant and the chief officer of police / Home Office(giver of notice) agree through mediation that a hearing is unnecessary.

    The 2003 Act provides that the applicant may apply for the individual to take up the post as DPS immediately and, in such cases, the issue would be whether the individual should be removed from this post. The committee must therefore restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision.

    In this case, the committee would reject the application if it felt sufficient grounds existed; otherwise, the application would be approved.

 

 

Tacit Consent

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.

 

The target time is 14 calendar days.

This may be extended if objections are received to allow for a hearing.

 

Background and Eligibility Criteria

The Act provides a mechanism, which 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.

Where there are frequent changes of supervisor, the premises licence holder may submit the form in advance specifying the date when the new individual will be in post and the change will take effect.

 

An application must be made by the holder of the premises licence.

 

Licensing objectives and aims

The legislation (the Licensing Act 2003) provides a clear focus on four statutory objectives, which must be addressed when licensing functions are undertaken.
These are:

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm

Each objective is of equal importance. It is important to note that there are no other licensing objectives, so that these four objectives are paramount considerations at all times.

 

Fees

A completed application must be submitted with a fee of £23.00. This fee is not refundable.

 

Complaint and Other Redress

  •  Failed Application Redress

    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by a refusal to be granted a licence may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

     

    Appeal Process

    Right of appeal exists to the Magistrates' Court for both applicant and chief officer of police and must be lodged with the Court within 21 consecutive days of the date of the objection notice.

    The longest possible expected timescale for the determination of the variation of DPS, where a hearing proceeds, is 77 consecutive days.

  •  Licence Holder Redress
    Please contact the Licensing Team in the first instance:

     

    Tel:  01446 709105

    Email:  licensing@valeofglamorgan.gov.uk

     

    Any person aggrieved by any conditions to which a licence is subject may appeal to the Magistrates Courts who may give such directions regarding the licence or its conditions as it thinks proper.

  •  Consumer Complaint
    We would always advise that in the event of a complaint the first contact is made with the trader by you, preferably in the form of a letter with proof of delivery. 

     

    If that has not worked and you are located in the UK Consumer Direct will be able to give you advice.    

     

    If you have a complaint from across Europe contact the UK European Consumer Centre.

 

 

Regulations and Guidance

 

Trade Associations

 

ALMR  BECTU  FLVA

 

 

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