Council removes lessee's DPS role

Pub failed two underage sales

A council has stripped a lessee of his role as designated premises supervisor (DPS) after two underage sales.

The unusual move came after the council rejected lessee Darren Ferguson's argument that the premises licence holder, not the DPS, is responsible for avoiding sales to children.

A new DPS is in the process of being appointed by Scottish & Newcastle Pub Enterprises (S&NPE), which operates the Falchion in Stockton, Cleveland.

Ferguson remains the leaseholder.

The pub failed two test-purchase operations in November 2007 and February 2008.

A council licensing committee was told there was "no evidence" that Ferguson had taken action to stop underage sales after the first failure.

Ferguson argued in his defence that the responsibility lay with the premises licence holder, S&NPE.

Councillors agreed that the premises licence holder does have responsibility, but ruled that the DPS ultimately shoulders the blame.

S&NPE spokeswoman Jackie Huybs said the pub was not operated by S&NPE when the underage sales took place. "Our intention now is to nurture Mr Ferguson and bring his knowledge up to that which we would expect of one of our lessees."

She said it was hoped the police and council would eventually approve an application by Ferguson to return to being DPS. The MA was unable to contact Ferguson.

n Coulson — p20