The manager of a bar is absent when police visit at 23:00. A member of staff is serving alcohol. DC Osei checks the premises licence and notes the designated premises supervisor named on it left the employment three months ago and has not been replaced. Which of the following is correct?
- AThe bar is operating lawfully - the premises licence itself authorises alcohol sales and the DPS requirement relates to management accountability rather than the validity of sales
- BOperating without a designated premises supervisor means the mandatory conditions of the premises licence are not being met and sales of alcohol in those circumstances are unlicensed
- CThe bar may continue to operate until the next licensing review hearing provided it notifies the licensing authority of the change in DPS within 28 days
- DThe personal licence holder serving behind the bar takes on the DPS responsibilities automatically where the named DPS has left and no replacement has been appointed
Show answer and explanation
Under the Licensing Act 2003 a mandatory condition of any premises licence authorising alcohol sales is that a designated premises supervisor is specified. The DPS must hold a personal licence. If the DPS leaves and is not replaced the premises is operating without a mandatory condition being met and alcohol sales become unlicensed. There is no automatic transfer of DPS responsibilities to another personal licence holder and no 28-day grace period.
- A: The DPS requirement is a mandatory condition of the licence itself - not merely a management accountability measure. Without a DPS in post the licence conditions are breached and sales cannot lawfully continue.
- C: There is no 28-day notification period or grace period during which trading can continue. The breach is immediate on the DPS leaving without a replacement being named.
- D: DPS responsibilities do not automatically transfer to another personal licence holder. A new DPS must be formally nominated and the licence varied accordingly. A personal licence alone does not confer DPS status.