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Change of DPS at Pub

The DPS wont move out what can I do?

Q: I am the Premises Licence Holder of a pub and have been having problems with the Designated Premises Supervisor (DPS). I have asked the Police to assist me by obtaining a set of keys held by the DPS so that he cannot gain access to the premises. The DPS has told the Police that as the DPS he needs 24 hour access to the premises and the Police have said that they do not really want to interfere as it is a civil matter. What are my options?

A: A. Whilst I cannot advise you on the employment issues relating to your DPS, there are steps you can take immediately to secure your Premises Licence and the right to sell alcohol.

You are required to have a DPS to sell alcohol; if, for example, the DPS disappears off the premises after an incident and informs the Police and Council that they no longer wish to be the DPS, you need to move quickly.

You will need to identify the new DPS and get them to sign a consent form confirming that they are willing to be the new DPS. The proposed DPS must hold a Personal Licence and details of the Personal Licence (the Authority which granted the licence and the expiry date) are required on the consent form.

If you don’t have a Solicitor or Agent representing you then you need to serve the application on the Police as quickly as possible; you can (depending on the Local Authority) hand deliver, submit online or email.

You do need to let the current DPS know that he no longer has that position but whether that makes the return of the keys any more likely remains to be seen! At least the licence is protected.

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