Scottish Licensing 101: Five Things to Consider Before Becoming a Designated Premises Manager.

Taking on the role of a Designated Premises Manager (DPM) under the Licensing (Scotland) Act 2005 is a serious legal responsibility. Before you put your name forward, consider the following five critical factors.

Taking on the role of a Designated Premises Manager (DPM) under the Licensing

(Scotland) Act 2005 is a significant step. It’s more than just a formality; it’s a serious legal responsibility.

Before you put your name forward, here are five critical things to weigh up.

1. Personal Legal Liability

This is the most crucial factor. As the named Designated Premises Manager, you are personally and legally responsible for everything that happens concerning the sale of alcohol on the premises. If staff sell to a minor or an intoxicated person, you could be held criminally liable. You must be able to prove you took all reasonable steps to prevent the offence, such as implementing robust training and procedures. A conviction can mean a substantial fine and a criminal record.

2. The Five Licensing Objectives

Your entire operation must be geared towards promoting these five legal objectives:

• Preventing crime and disorder

• Securing public safety

• Preventing public nuisance

• Protecting and improving public health

• Protecting children and young persons from harm

  
  

Every decision, from your staff training and operating hours to your noise management and dispersal policy, must be made with these goals in mind. The role is about responsibility, not just revenue.

3. Financial and Administrative Burden

Beyond the application fee, holding a licence comes with ongoing costs. These include the annual licence fee, potential legal fees for variations or hearings, and the cost of mandatory staff training. You are also responsible for the administrative burden of maintaining a refusals log, an incident book, and ensuring all mandatory licence conditions are meticulously followed every single day.

4. It’s a Hands-On Role

You cannot be an absent Premises Manager. The law requires you to have a thorough understanding of your own Operating Plan and the day-to-day running of the business. You must ensure your staff are fully trained and that policies are being followed correctly. Licensing Boards and Police Scotland expect you to be in control and may question your suitability if you are not actively involved.

5. The Need for Expert Guidance

The licensing process is complex and fraught with pitfalls. A simple error on your application can lead to rejection, delays, and lost revenue. Many prospective licence holders wisely engage a specialist licensing consultant to guide them through the application, ensure their Operating Plan is watertight, and represent them at any hearings.

This is not an unnecessary expense; it is a valuable investment in protecting yourself and your business from costly mistakes.

In summary:

Being a Designated Premises Manager is a role of significant legal and operational responsibility. Before you commit, ensure you are fully prepared for the liability, the commitment to compliance, and the hands-on work required to uphold the law.