Objections, hearings, appeals
The police may object to the designation of a new DPS where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective.
The council and the police may ask an applicant to attend a meeting before taking up their duties as a DPS to ensure that the licensing objectives are understood clearly by those responsible for the licensed premises. In most cases the council and police licensing officers will make a visit to the premises within three months of the DPS being appointed.
If the police object to the application on the grounds of crime prevention, the council will arrange a hearing at which the issue can be considered. As the Licensing Act 2003(the Act) provides that the applicant takes up their post as DPS immediately, the hearing will determine whether or not to remove an individual from this post.
The council must confine its considerations to issues of crime and disorder. Applicants will be provided with the full reasons for any decision that is made.
Review of licences
The police can, at any stage after the appointment of the DPS, seek a review of a Premises Licence on any grounds relating to the licensing objectives, if anxieties arise about the performance of the DPS.
If an application is refused for any reason, the applicant will be entitled to appeal against the decision at a magistrate's court. Similarly, if the application is granted despite a police representation, the chief officer of police is entitled to appeal against the council's decision.