Dps not allowing staff to sell alcohol

harperschoice

Hi all, just after some quick clarification if possible please. 

My wife is in business with a business partner the business partner is the designated premises surpervisor. (Dps)

Now for a few reasons the staff and my wife are just not getting along with mentioned business partner and either we buy them out or they buy my wife out situation is now happening.
cut to the chase, now that there are disagreements the business partner (the dps) has now issued my wife and staff a note saying unless the dps are physically on the premises then there are to be no alcohol sales at all.

this is a hard one as the business partner is only working 1 day a week at the moment and will not work more than that.

we are feeling that this is just ridiculous and just being petty. 

If someone could please let us know if this is ok for them to do or not then I would be grateful, can’t get hold of our solicitor over the weekend and really need some clarification if possible as to what grounds a dps can forbid the sale of alcohol. 

Many thanks 
Pete.

harperschoice

Oh just to add the actual business has a premises licence but the business partner is the dps hope this makes sense 
thanks again 

Annisele

This isn't something I know much about, so take what I say with the pound of salt it deserves. But on the face of it, I see no reason why a DPS couldn't forbid the sale of alcohol for any reason at all.

Gov.uk says a DPS is "the person who has day-to-day responsibility for the running of the business". If you have day-to-day responsibiltiy for something, then usually that means you can dictate how it is done - or, in this case, how and when it is not done.

Unfortunately it sounds as though the alcohol sale issue may be the least of your problems. Do you have a partnership agreement in writing?

harperschoice

Hi, thank you for taking the time to reply.

yes they have an agreement in writing.

it just seems to be a very spiteful move, there are no grounds at all for the DPS to forbid the sale of alcohol at all.

thanks again for your time.

adamp87

harperschoice said:

Hi, thank you for taking the time to reply.

yes they have an agreement in writing.

it just seems to be a very spiteful move, there are no grounds at all for the DPS to forbid the sale of alcohol at all.

thanks again for your time.

There is really as the DPS is ultimately responsible for the sales of alcohol & the actions of the staff that can have the license revoked. It’s not at all ideal or pleasant as you’ve mentioned but they are within their rights it seems

TELLIT01

What would the DPS be able to do if the partner simply ignored their ruling and continued as normal?

From the information supplied it would seem that the DPS is cutting off their nose to spite their face.  I'm guessing there is far more to this than is being divulged.

Masomnia

I used to deputy manage a shop many moons ago now and the police were always breathing down our necks, I think because we were in a bit of a problem area. You can get fines/prosecuted etc for selling alcohol to the underage and the DPS is ultimately responsible so I can see their POV here.

harperschoice

There is absolutely no risk of alcohol being sold to minors and never has been.

Grumpy_chap

This is deeper than simply the business partner restricting the sale of alcohol (as that does seem to be cutting off their nose to spite their face).  Given the actions, it seems unwise that the business partner working only one day per week is also the DPS for the alcohol licence.

What is in the partnership agreement about what each partner brings to the business, and the respective responsibilities to the business?  Finance?  Hours of work?  How do profits get split? Etc?

Is the business partner only doing one day per week always, or is that a recent change?

What type of business is it?  How important are the alcohol sales to the business success?

LittleVoice

Who is the premises licence holder?  If it is the partner, did they go on to appoint themselves as DPS?  If it is the "business" is that a company or a partnership and who controls that, in what proportions?

TELLIT01

harperschoice said:

There is absolutely no risk of alcohol being sold to minors and never has been.

Very easy to say but actually unrealistic to claim as fact.