Licensing@aol.com ...Stalemate in DPS dispute
Stalemate in DPS dispute
QWe have a difficult situation at one of our houses where there is a dispute with the designated premises supervisor (DPS). He refuses to step down and says that without his consent we cannot remove him. He wishes to remain in the private accommodation and continue with his role as DPS. If we sack him, can we install a new DPS?
ALeaving aside the employment issues, it is clearly possible to remove a DPS if you are the holders of the premises licence.
Authority to apply to the licensing authority for a change of DPS is given specifically to the premises licence holder and does not require the prior consent, written or otherwise, of the existing DPS.
It does, however, require a consent form from the person you wish to install (who must, of course, be the holder of a personal licence).
Under section 38 of the Licensing Act 2003 you can apply for the change to have immediate effect, and you can deliver the application to the offices of the licensing authority, at which point the change is made and the person with whom you are in dispute no longer holds the position of DPS.
Remember the authority to sell alcohol rests principally with the holder of the premises licence.
Unlike the previous situation, where the licence was tied to named licensees, the DPS is not the licensee and can be changed at any time, as can those entitled to sell alcohol on the premises.
As far as the employment dispute is concerned, you will doubtless be contacting your own solicitors to ensure that
the termination of employment is carried out properly
and the accommodation is released for use by the new manager.
Sunday group hours poser
QWe run a village pub and it has been suggested
to us that we can host a Sunday morning children and parents group in our conservatory. We want
to start this at 9am, but the "opening hours" on our licence for Sundays do not start until 11am. Can you tell us if we would be breaking the law if we opened at the earlier time?
AI understand that many pubs, even on straight converted licences, were issued with opening times for the pub premises, whether they asked for them or not. In particular, some licensing authorities used this as a device for ensuring some form of "drinking-up time" so that everyone had to be out of the premises half an hour after the last drink was sold.
In this instance, you clearly applied for a variation so that your Sunday hours run from 11am instead of midday. In such a case it is quite possible that the licensing authority imposed an "opening time" beginning then, unless you asked for something different in the relevant box.
However, my own view is that an event such as you are planning is not a "licensable activity" or connected with a licensable activity and as such there appears to be no offence contained in the Licensing Act.
It would indeed be a churlish licensing authority that sought to veto this kind of community-based opening by a stricter interpretation of the licensing legislation.
My TV recording dilemma
Q If you record a television programme on video and show it later in your pub, is this regulated entertainment?
A Well, it is not exempt as such. The exemption from
the entertainment provisions only applies to "live" television and radio (the simultaneous reception and playing).
The playing of a video recording, therefore, would be classified as an "exhibition of a film" and therefore would need to be included in your operating schedule in order to legalise it. There are also copyright issues, of course, if you have recorded items for playing to an audience.
