Community Premises DPS disapplied

Where can it be used?

Community premises that are or form part of a church hall, chapel hall or other similar building or a village hall, parish hall or community hall or other similar building.

These type of premises may apply to have the mandatory condition removed requiring a licensed premises to have a Designated Premises Supervisor named on the licence who would be responsible for all alcohol sales.

This application may only be made if the licence holder is a committee or board of individuals with responsibility for the management of the premises.  If such an application is successful, the effect of the alternative licence condition will be that the licence holder/committee becomes responsible for the supervision and authorisation of all alcohol sales made pursuant to the licence.  All such sales will have to be made or authorised by the licence holder/committee.

As the premise licence holder, the management committee will collectively be responsible for ensuring compliance with licence conditions and the law (and may remain liable to prosecution for one of the offences in the Licensing Act) although there would not necessarily be any individual member always present at the premises. While overall responsibility will lie with the management committee, where the premises are hired out the hirer may be clearly identified as having responsibility for matters falling within his or her control (e.g. under the contract for hire offered by the licence holder), much in the same way that the event organiser may be responsible for an event held under a Temporary Event Notice. Where hirers are provided with a written summary of their responsibilities under the 2003 Act in relation to the sale of alcohol, the management committee is likely to be treated as having taken adequate steps to avoid liability to prosecution if a licensing offence is committed.

When can it be used?

To remove the need for a Designated Premises Supervisor when:

  • Applying to remove an existing condition
  • Making a new application
  • Applying to vary a premises licence.

Application Process

  • You can download an application form on gov.uk (opens in a new window).  A copy should be sent to the Licensing Authority and the police.
  • Fee of £23 if existing premises
  • Only police may object – Hearing if required

Where the management committee of a community premises is applying for authorisation for the sale of alcohol for the first time, it should include the form with the new premises licence application or the premises licence variation application.  No extra payment is required beyond the existing fee for a new application or a variation.

Where a community premises already has a premises licence to sell alcohol, but wishes to include the alternative licence condition in place of the usual mandatory conditions under the Licensing Act 2003 Act, it should submit the form on its own together with the required fee.  The work required to process such an application is expected to be similar to that required for the process of an application for a variation of a Designated Premises Supervisor.

Police views

An additional safeguard is that in exceptional circumstances the Chief Officer of Police for the area in which the community premises is situated can object to a request for inclusion of the alternative licence condition on the grounds or crime and disorder, and any responsible authority and/or interested party can seek reinstatement of the mandatory conditions through a review of the licence (as provided in section 52A of the 2003 Act). The police will want to consider any history of incidents at an establishment in light of the actual or proposed management arrangements, including the use of appropriate hire agreements. If the Chief Officer of Police issues a notice seeking the refusal of the application to include the alternative licence condition, the licensing authority must hold a hearing in order to reach a decision on whether to grant the application.

Regulation Summary links

Licensing Act 2003 (opens in a new window)

Home Office (opens in a new window)

Further Information

Licensing Section
Erewash Borough Council
The Civic Centre
Derby Road
Long Eaton
NG10 1HU

Call: 0115  9071113
Fax: 0115 9071121
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

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Licensing Section
Derbyshire Police
South Division Headquarters
Prime Park Way
Chester Green
Derby
DE1 3AB

Call: 0300 1225860
Fax 0300 1227737
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.