Does a personal licence holder need to be in a venue 7 days a week, 24 hours a day and 365 days a year to authorise the sale of alcohol? In a nutshell, no, but they do have responsibilities they must follow.
This article explains the rules, clarifies the difference between a personal licence holder and a DPS (Designated Premises Supervisor), and covers what happens when things go wrong.
Personal Licence Holder vs. Designated Premises Supervisor
First, a quick clarification. The question is usually about the Designated Premises Supervisor (DPS), not personal licence holders generally.
- Personal licence holder: Someone who has passed the APLH qualification and holds a licence allowing them to authorise alcohol sales.
- Designated Premises Supervisor (DPS): The specific personal licence holder named on a premises licence as the person responsible for managing alcohol sales at that venue.
Every premises selling alcohol must have one named DPS, and that person must hold a valid personal licence. A venue can employ multiple personal licence holders, and one person can be a DPS at more than one premises.
Does the Designated Premises Supervisor Need to Be Present on the Premises?
No. A Designated Premises Supervisor does not have to be present at the premises at all times, but they must be easy to contact by the licensing authorities when not present. If the Designated Premises Supervisor is not going to be at the premises, they must leave contact details with their staff.
According to Home Office guidance, the DPS is expected to spend a significant amount of time on the premises and remain contactable at all times—particularly if problems arise.
Who Can Sell Alcohol?
Under section 19 of the Licensing Act 2003, every sale of alcohol must be made or authorised by a personal licence holder. However, the person physically serving doesn’t need to hold a licence themselves.
In practice:
- Bar staff without a personal licence can serve alcohol
- A personal licence holder (the DPS or another licence holder) must have authorised those sales
- The authorisation doesn’t require the licence holder to be present for each transaction—a general authorisation is sufficient
The section 182 statutory guidance confirms that the licence holder “does not have to be present on the premises or oversee each sale.”
What Happens If the DPS Cannot Be Contacted?
If a Designated Premises Supervisor is not on the premises and is not contactable for whatever reason—or not contactable within a reasonable timescale—it may result in further action being taken by the licensing authorities.
This could include:
- A formal warning
- A licence review, which could lead to conditions being added, the licence being suspended, or the DPS being removed
- In serious cases, prosecution if the DPS doesn’t hold a valid licence or if no DPS is in place
Staff should always have the DPS’s current contact details readily available.
What If There Is No DPS?
If a premises has no DPS, or the DPS doesn’t hold a valid personal licence, alcohol sales are not permitted. The Home Office DPS factsheet states this clearly:
“Where a licensed premises has no DPS, or where the DPS does not hold a valid personal licence, the sale of alcohol is not permitted.”
The premises licence holder must appoint a new DPS before alcohol sales can resume.
The Bottom Line
While a Designated Premises Supervisor does not have to physically be present on the premises to legally authorise the sale and supply of alcohol, they do have a legal responsibility to ensure the law is being followed, that staff are trained on alcohol laws, and that they are contactable by licensing authorities if and when required.
Ultimately, being a Designated Premises Supervisor and personal licence holder is a position of responsibility—one that doesn’t end at the end of the day.
FAQs
Yes, provided the DPS remains contactable and has authorised staff to sell alcohol in their absence.
No. Sales must be authorised by a personal licence holder, but the person serving doesn’t need one themselves.
Alcohol sales must stop. It’s illegal to sell alcohol without a valid DPS in place.
Yes. However, you must be able to manage each premises properly and remain contactable for all of them.
How to Get a Personal Licence
Thinking of applying for a personal licence? The APLH training course teaches you about the law and your legal responsibilities as a licence holder.
Once you’ve passed, you can apply to your local council for your personal licence. If you’d rather skip the paperwork, our Easy Apply service handles the entire application for you. Get started today!
