Back to basics: the buck stops with your DPS

Licensing reform has brought many new challenges into the working life of the publican, and at the centre of it all is a completely new role - that of the designated premises supervisor (DPS).

As the 2003 Licensing Act has bedded in it's become clear that the DPS is pivotal to the legal operation of the pub. If there's trouble with the authorities it's where the buck stops, so it's essential your DPS knows their responsibilities. If they don't, it's your licence that's at risk.

The DPS has to be a personal licence-holder, and most publicans are the DPS of their premises. But as existing licensees were last year able to transfer onto the new licence without having to take the accredited qualification required of newcomers, it leaves a worrying knowledge gap.

As a result, both the industry's leading qualification providers, the BII and the Confederation of Professional Licensees (CPL), have launched one-day courses for the DPS.

The CPL's Level 3 National Diploma for Designated Premises Supervisors, which I took, gives an all-round view of the job of the DPS - and revealed just how much there is to the job.

This week we take a broad overview of the responsibilities of the DPS based on the course, which was run by trainer and former licensee Cyn Kelly. Future Business Builder features will deal with various issues in more depth.

Designated Premises Supervisors​

Every pub must have a DPS named in the premises licence, whether or not it's the publican. A DPS must be a personal licence-holder themselves and it's well worth making sure there's at least one other senior member of staff who is a personal licence-holder, so they can take over the role should your DPS leave.

In effect, the DPS controls the day-to-day running of the pub. As the law puts it, they "authorise" all sales of alcohol.

There has been some confusion over whether this means they should be on the premises at all times alcohol is being served, but now, fortunately, it's clear that's not the case.

It does mean, though, that a DPS must know how they want the pub to be run and they must be confident that staff can carry out their jobs legally when they are absent.

So they also have a responsibility to train people properly - and keep records to prove they have done so.

Authorisation to serve alcohol should also be put in writing for each member of staff.

To do their job properly and understand how the pub can best be run, the DPS should carry out a risk assessment (see below) for each of the four licensing objectives:

• Prevention of crime and disorder
• Public safety
• Public nuisance
• Protection of children from harm

Their findings, and any actions taken to reduce the risks, must be documented in each case

Here are some of the things you need to consider under each objective. Bear in mind that the cumulative impact of other pubs, bars and clubs operating in your area means you may need to work together on the issues.

Prevention of crime and disorder​

Crimes might include underage drinking, drunkenness, drug use and dealing, assaults, anti-social behaviour, prostitution and robbery. Don't merely consider the threat to your licence these might bring, but the immediate effect on customers, staff and others.

Assess how serious a risk these are at your particular pub. For instance, a young person's venue is more likely to attract drug users. Is there anything you need to do to reduce the risk? You might participate in the local crime reduction partnership or give staff extra training in drugs awareness.

Public safety​

This goes beyond the risk assessment you should already have carried out under the Health & Safety at Work Act. It might include maximum occupancy levels - and the controls you have in place to make sure you meet those demands. Areas you may need to consider could be the design of the premises. For instance, the ease of escape in case of fire, the presence of alcohol, opening hours, your customer profile, hazardous equipment - especially if you've got entertainment, and waste disposal.

Public nuisance​

This relates to the impact the pub has on the local community. You need to think about how close you are to people's homes or other buildings that might be sensitive to noise, smells, light, disturbance and litter - such as hospitals and places of worship.

Your opening hours are important when assessing the risk here, especially if you're trading between 11pm and 7am, as are music volumes, security lighting and noisy extractor fans. You also need to consider parking, public transport and the location of your bins.

Protection of children from harm​

'Harm' is defined in the widest possible sense, not only physical but psychological and moral. That could include exposure to things of an adult nature, such as drugs, gambling, violence and disorder as well as excessive noise and smoke.

Under-10s and disabled children are considered to be especially vulnerable. If you decide to admit children under your operating schedule you need to take into account the structure and layout of the pub, special facilities such as baby-changing, play equipment and its supervision, training for staff in dealing with children and first aid.

Promoting the licensing objectives​

The law specifically refers to the promotion of the four licensing objectives. So as well as addressing the aspects of the operation that could be detrimental to the objectives, it's a good idea to come up with positive ways of attaining them.

These might include restrictions on drinks promotions, using toughened or plastic glasses, joining the local Pubwatch scheme, staff training, CCTV, sensible drinking campaigns, zero tolerance of drugs, noise limitation, a robust proof-of-age policy and a good range of soft drinks.

Other legal and social responsibilities​

Beyond the Licensing Act the DPS is also responsible for:

• health and safety, as set out by the Health & Safety at Work Act
• food safety, including good hygiene practices and staff training
• weights and measures, ensuring the correct glasses and measures are used for drinks
• consumer protection, displaying price lists and other mandatory notices
• preventing sales of smuggled alcohol and tobacco
• controlling the use of fruit machines, especially ensuring children cannot play on them, and other gaming
• ensuring the pub has the right licences for both regulated and unregulated entertainment
• avoiding discrimination against customers and employees on the grounds of race, sex, sexual orientation, disability, religion or beliefs.