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