Community Premises
Disapplication or requirement for a Designated Premises
Supervisor
Community premises are allowed to apply to have the standard
mandatory conditions under s19 Licensing Act 2003 removed from
their premises licence. The s19 conditions require all premises
licensed for the sale of alcohol to have a DPS and for all sales of
alcohol to be made or authorised by a person who holds a personal
licence. This change will enable community premises to operate
without a DPS and for sales of alcohol to be made on such premises
without the authorisation of a personal licence holder.
In deciding if a premises is a
community premises the following factors will be taken into
consideration:
- Is the premises genuinely made
available for community benefit most of the time?
- Do a broad range of persons and
sectors of the local community access the premises for purposes,
which include purposes beneficial to the community as a
whole,
Schools and premises that require
membership to use the facilities are unlikely to fall into the
definition of "community premises".
In order to apply to have the mandatory
condition removed from the licence there must be a management
committee or board of individuals who will take responsibility for
the sale or supply of alcohol on the premises. The licensing
authority must be satisfied that arrangements for the management of
the premises by the committee or board are sufficient to ensure the
adequate supervision of the supply of alcohol on the premises.
Application for the removal of the mandatory
condition under section 19 of the Licensing Act 2003 must be made
on the appropriate form and accompanied by the requisite fee
(£23).
The management board or committee will
remain the premises licence holder and will be collectively
responsible for ensuring compliance with licence conditions and the
law. The hirer may be clearly identified as having responsibility
for matters falling within his or her control (e.g. in the contract
for hire between the hirer and the premises licence holder), e.g.
as per events held under Temporary Event Notices. Should a
review of the premises licence or club premises certificate be
called, or an offence be proven at court, the mandatory condition
may be reinstated and no alcohol sold or supplied until a
designated premises supervisor is appointed.
Contact the Licensing Section
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk
