Guide Removing the need for a DPS at your community premises

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2. Apply to disapply the need for a DPS at a community premises

How to apply

You can apply to remove the requirement for a DPS at a community premises online.

You'll need to:

  • give a description of the premises and the committee or board responsible for managing the premises
  • explain how you will make sure alcohol sales are properly supervised
  • explain any arrangements you have in place for hiring out the premises

Responsible authority role

We will send a full copy of your application to Devon and Cornwall Police.

The chief officer of the police for the area in which the community premises is situated can object on the grounds of crime and disorder. 

The other responsible authorities (for example, environmental health, fire service) do not have the right to issue a notice seeking refusal. They can however seek reinstatement of a DPS (Designated Premises Supervisor) at a later date through a review of the licence.

You should also note that if any issues arise with how the premises are run by the management committee then the police are able to request that the licence is reviewed so that the premises must have a DPS again if the sales of alcohol are to continue.

Payments

You'll be charged a fee for this application.  Please make sure you are aware of how much this will cost.

Data Protection

Any personal information which you provide will be held and used by East Devon District Council for the purpose of the licensing service to process your application for the mandatory alcohol conditions to be dis-applied and to administer any related premises licence.  Your information may also be shared within East Devon District Council for the purposes of carrying out our lawful functions.  Otherwise your personal information will not be disclosed to anybody outside East Devon District Council without your permission, unless there is a lawful reason to do so, for example disclosure is necessary for crime prevention or detection purposes.  Your information will be held securely and will not be retained for any longer than is necessary.  There are a number of rights available to you in relation to our use of your personal information, depending on the reason for processing.  Further detail about our use of your personal information can be found in the relevant privacy notice

Start the journey

Start

More info about the journey

You'll need to attach any documents you have that identify the premises and how it is managed.

You'll need to attach copies of any hiring agreements.

You'll need a credit or debit card.

If you have an existing premises licence you'll need to send this to us in the post.

When we receive your application we'll check it to make sure it's been completed correctly. We'll telephone you if there is anything else we need.

As soon as we have the complete application and all the information we need, we'll accept it and there will then by 28 days (from the day after we accept the application) when the police can make a representation.  

You are not able to act as though the requirement for a DPS has been removed during this time.

If no representation is received your application will be granted and we'll send you your licence in the post.  

If the police do make a representation then a hearing must be heard before members of the licensing sub-committee unless all parties agree this isn't necessary.

After the hearing we'll write to you with the decision.  

What you can do if you haven't heard from us

If at least 35 days have passed since you gave us your completed application and you haven't heard from us you can act as though your application is granted. 

If you are submitting your application by post then this will only apply when you can show proof of delivery from the Post Office or a recognised courier.

Time scales for processing an application do not start until all the necessary information has been received in full

What you can do if your application is unsuccessful

Please contact us in the first instance.

Appeals

If an application to disapply the mandatory DPS condition is refused then you can appeal.  

All appeals must be made to a magistrates court within 21 days of notice of the decision:

North and East Devon Magistrates Court, Southernhay Gardens, Exeter, EX1 1UH

Tel: 01392 415300