Designated Premises Manager (DPM)
Every licensed premises in Scotland must have a designated premises manager (DPM) who works on the premises in order to sell alcohol under Schedule 3 Premises Licence Mandatory Conditions of the Licensing (Scotland) Act 2005. The only premises which are exempt from these requirements are clubs operating in terms of the Licensing (Clubs) (Scotland) Regulations 2007.
- Every premises must have a specified designated premises manager who works at the premises.
- Any individual intending to be a designated premises manager must also be the holder of a valid Personal Licence.
- A person can only be the designated premises manager of one premises at a time.
- If your designated premises manager stops working at the premises for any reason, or his licence expires or is revoked or suspended, the licence holder must notify the Licensing Board within one week or the premises will not be able to continue selling alcohol.
If you are naming a new person as your designated premises manager then you need to apply for a variation to your premises licence. This application can only be made by the premises licence holder as stated on the licence. You need to ensure that the person you are going to nominate is not currently named as a designated premises manager at any other premises within Scotland.
If your new premises manager has a personal licence which was issued by another Board in Scotland then you must include a copy of their personal licence with your application.
You need to complete theand return it with the appropriate fee of £31, your principal premises licence (i.e. not a copy) including the layout plan and a copy of the proposed new premises managers personal licence to West Lothian Licensing Board.
If any of the events listed below happen with your designated premises manager;
- the premises manager resigns
- the premises manager is dismissed
- the premises manager becomes incapable for any reason of acting as the manager, for example, if his personal licence expires
- the premises manager dies or
- the personal licence held by the premises manager is revoked or suspended
Then the premises licence holder, must, not later than seven days after the occurrence of the event, giveto the Licensing Board. (Section 54 Licensing (Scotland) Act 2005)
There is no fee for this notice.
If the premises licence holder fails to notify the Board within 7 days of any of the events above having taken place then the premises licence will be varied by the Board to remove the premises manager. This would result in the premises not being able to sell alcohol until this had been rectified by means of a variation application.
If you have given notice to the Board within 7 days as mentioned above then you must nominate a new designated premises manager within a period of 6 weeks from the date of the occurrence above.
When you are ready within the 6 week period, to name a new person as your designated premises manager then you need tofor a variation to your premises licence. This application can only be made by the premises licence holder. You need to ensure that the person you are going to nominate is not currently named as a designated premises manager at any other premises within Scotland and is up to date with their refresher training.
You need to complete theand return it with the appropriate fee of £31, your principal premises licence (i.e. not a copy) including your layout plan and a copy of your proposed new premises managers personal licence to West Lothian Licensing Board. You are advised to read the guidance attached to the application form and seek advice from your solicitor if required.
Details of how to make application are contained in the guidance notes attached to the application.
An application must be accompanied by the appropriate fee, all principal premises licence including the layout plan and a copy of your proposed new premises managers personal licence. If all parts of the premises licence are not available there must be a statement of the reason for the failure to produce the whole licence.
The fee for a variation to nominate a new premises manager is £31
If you have asked for the variation to take immediate effect then you must ensure your application is competent. The application must be completed by the licence holder and you must ensure that your new proposed premises manager is not a premises manager anywhere else in Scotland, has a personal licence and they are up to date with their refresher training. In order for the application to be accepted and the variation to take immediate effect the board must ensure that the application is competent before the application is accepted for processing. Please ensure you provide the correct telephone number and email address for the applicant in order that the process is not delayed.
Please note applications will not be processed until they have been checked by the Licensing Team to check that the application is competent and this can only be done after they receive the application.
If you have not asked for the variation to take immediate effect then you would need to wait for the Board to grant your application. If your application is competent then the Board must grant it, however the Board will make checks first to ensure the person you have nominated is not named as a premises manager anywhere else in Scotland.
If your complaint relates to the manner in which your application was processed, then you should address it in the first instance to the Clerk of the Licensing Board, West Lothian Civic Centre, Howden South Road, Livingston EH54 6FF.