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In addition, one Personal
Licence holder will be listed as the 'Designated Premises
Supervisor'. They should be the individual in day-to-day
control of the premises. Their name will be noted on the
Premises Licence. Changing
the Designated Premises Supervisor (the 'DPS')
This process can be compared with what used to be known as
'transferring' a licence from person to person.
Effectively what it involves is notifying the authorities of a
change of details of the individual in day-to-day control of the
premises. It is a much simpler exercise than under the old
system, as whoever is nominated as the DPS will already have to
have a Personal Licence. You may also need to transfer the
Premise Licence if the ownership of business is changing.
Challenges to your Licence
Licensees should be aware that the new Act gives local residents
a far greater say in the operation of your licence.
Under the old system the vast majority of licensees only came
across any challenge to their licence when they initially
applied for it at the Magistrates' Court. Thereafter, it
was only in extreme circumstances that the licence was
threatened. The only real avenue for the Police was for
them to apply to the Court for the licence to be revoked.
Licences were rarely revoked as Magistrates' were reluctant to
take the draconian step of effectively depriving a licensee of
their livelihood. Under the
new system any 'interested party' (which include local
residents) can now apply to review your Premises Licence.
The Local Authority are obliged to advertise this and hold a
review. Upon conducting a review, the Local Authority can
apply a much wider range of limitations upon your licence, such
as a reduction in your opening hours if there is a complaint of
late night noise. With the
availability of review being open to so many more 'interested
parties', as well as there being virtually no costs implications
for the applicant, we foresee that reviews of licences will be
commonplace in the future. Licensees should take
particular care to maintain good relations with local residents
as well as the usual responsible authorities. If you do
receive any complaints our licensing team are able to advise you
of the best way to protect your licence.
Varying your existing Premises Licence and the smoking ban
If you have already converted your Licence during the
transitional period now is the time to consider varying your
Licence. The new Act does not set permitted hours and you
might want to explore extending your hours as well as including
live music or entertainment at your premises to steal a march on
your competitors. If you are contemplating any
changes please contact us and we can provide initial advice as
well as guiding you through this process
About us
Marshall & Galpin have been
advising clients on many aspects of licensing for several
decades, both in Oxford and further afield. Our licensing
team are in tune with current issues both locally and nationally
and can help you make the most of the opportunities for changes
offered by the Licensing Act.
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