Where a premises licence authorises the supply of alcohol, this condition restricts the supply of alcohol at the premises at a time when there is no designated premises supervisor or when they do not hold a personal licence or if their personal licence is suspended.
Mandatory condition 1
No supply of alcohol may be made under this licence:
a) at a time when there is no designated premises supervisor in respect of it; or
b) at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.
Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
Guidance relating to this condition
The Act does not require a designated premises supervisor (DPS) or any other personal licence holder to be present on the premises at all times when alcohol is sold. However, the designated premises supervisor and the premises licence holder remain responsible for the premises at all times including compliance with the terms of the Licensing Act and conditions attached to the premises licence to promote the licensing objectives.
It is therefore imperative that those appointed as designated premises supervisor (DPS) should notify the council if they leave the premises on a permanent basis. A withdrawal of consent form will need to be completed so that it releases the DPS from being prosecuted for any offences under the legislation that could take place after they have left the premises. Please contact the licensing team to obtain this form.
The premises licence holder is responsible in submitting a vary to specify a DPS application when their is a change of DPS at the premises immediately, otherwise, they commit an offence of trading (supplying alcohol) in breach of this mandatory condition.
For more information contact Licensing Services on 01634 337 107 or 01634 337 108 or Enforcement on 01634 337 112 or 01634 337 106 or by email: email@example.com
Write to: Licensing Unit, Medway Council, Gun Wharf, Dock Road, Chatham, Kent ME4 4TR