Legal expert Peter Coulson discusses the big DPS mystery

The closure of pubs reported in this paper last week is as a result of poor drafting of the new Licensing Act - a fact which will become all too apparent in the next year or so.

It was a rush job. There was no proper scrutiny in Parliament - even Culture Secretary Tessa Jowell admitted as much to the Commons - and the whole legislation lacked clarity and proper explanation.

Nowhere is this more apparent than in the concept of the designated premises supervisor (a term that could only possibly be created by a Whitehall civil servant who has never worked in a pub).

Apparently, the DPS was created late in the day in response to a plea from the Association of Chief Police Officers (ACPO) that there should be an iden-tified individual ultimately responsible for the conduct of licensed premises.

Not the conduct of any licensed premises, mind you. Only those where the sale of alcohol takes place. So entertainment premises without a bar will not need a DPS.

But the role of the DPS is not spelled out anywhere in the Act.

One early section says what the phrase means, which is 'the individual for the time being specified in that licence as the premises supervisor'. But that by no means defines his or her role or responsibilities at all.

This is what I mean by poor drafting. Much has been made of this individual. There is even a qualification for those who aspire to be one.

But there is actually very little in the way of job description which, seeing as they apparently play such a key role in the new licensing system, is somewhat surprising.

One thing we have worked out is that the DPS needs a personal licence. Not that the Act actually says that, in so many words. What it does say is if the DPS at any time does not have a personal licence, no sales of alcohol may take place.

That is expressed as a condition on the licence. So it has to be spelled out on every document issued, so that people know that it is a condition.

Again we are no nearer the truth. What does a DPS actually do? Well, it is not just selling alcohol, or even authorising the sale. Both of those activities can be undertaken by other people.

Nor is it, clearly, being resident on, or permanently present in, the licensed premises when they are open for business.

Is there any single responsibility under the Act that rests solely with the DPS? Is there any offence provision that mentions him or her by name or title?

Apparently not. All the offence provisions mention others as well - the holder of the premises licence, a personal licence holder or anyone in authority in the premises. So there is nothing that the DPS does which others do not.

Hold on. There is one thing. They have their name plastered up on the licence summary. That is so that everyone knows who they are.

But what does that achieve? Well, I am told it is so the police can contact them when there is a problem as the pub, so that it can be resolved more speedily and effectively.

But what have the police been doing so far? They have dealt with the manager or the personal licence holder or the bar staff, as they always have done.

If there is a problem on the premises, then they will act on that problem there and then.

Anyway, on many licences neither the address nor the contact number of the DPS is given on the summary. So not much help there, then.