In this eNewsletter: Contacts  Alun Thomas Direct Dial: Email:   Catriona Watt Email:
Where are we?1 Rutland Court,
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Licences required for security staff and door supervisorsBackgroundThe Private Security Industry Act 2001 (‘The 2001 Act’) comes into force in Scotland today, Thursday 1 November 2007. The new law will affect individuals and companies which provide private security services. It will also affect organisations operating licensed premises where the security services are provided in house. The particular focus of this eZine is on in-house security provision and when the 2001 Act requires Security Licences to be obtained.
When is a licence required?(i) In-house security guarding: If someone is working in “door supervision” (as defined in the Act) on licensed premises they will require a Security Licence even if they are employed in house as opposed to being contracted in. The 2001 Act also obliges those individuals that manage or supervise in house door supervisors on licensed premises to obtain a “non front line licence”. However, not all licensed premises come within the ambit of the Act. Whether or not licensed premises are covered by the Act depends on what type of licence is held for the premises. Generally speaking, licensed premises which are open to the public and sell alcohol for consumption on site e.g. pubs, clubs, hotels etc come within the ambit of the Act whereas “private member clubs” e.g. most student unions, miners’ welfare clubs, will often be exempt. However, it is important that an organisation checks all the licences which they hold, as some may not result in exemption from the Act. If in any doubt, legal advice should be sought. If an organisation does fall within the ambit of the Act, they require in house door supervisors and their managers to hold front line and non front line Security Licences respectively. It is an offence for an operator of licensed premises to employ an unlicensed door supervisor. Penalties include fines of up to £5,000 or, for the most serious offence, up to six months in prison. (ii) Contracted security guarding In the case of security duties performed under the terms of a supply contract or services agreement, the contractor’s employees will require to be licensed but the third party purchaser will not. In other words, if “Security Guards Are Us” provide security services to “University of x”, the employees of “Security Guards Are Us Ltd” (both the security staff and their supervisors) require to be licensed under the Act whereas the university and its employees do not. (iii) Other exemptions from licensing It should be noted that under the legislation, Scottish Ministers will have the power to exempt people or groups from the 2001 Act’s Security Licensing requirements. Those seeking an exemption under section 4 of the 2001 Act must have in place equivalent arrangements for the protection of the public and processes which are in line with the standards of the Security Industry Authority. At present bodies which have been granted such exemptions in England and Wales include certain security activities (at airports and on trains) by employees of the Department of Transport. Any activities carried out in house, regardless of whether or not they are “designated activities” under the Act, which are not “door supervision” on “licensed premises” will not require a licence. How to applyFull details of how to apply for a licence are contained on the Security Industry Authority website; www.the-sia.org.uk The site details the cost of a licence (currently £240) and common mistakes that are made during the application process. Although it is the employee’s responsibility to make sure that they have a licence if required, employers should ensure that their staff have the correct licence for the role that they perform. From a practical and compliance viewpoint, it would be best for the employer of security personnel to take a pro-active role to ensure that staff apply for the appropriate licence and that they check to ensure that the application is successful.
Further informationFor further information please contact Alun Thomas in the Education team on 0131 625 7245 or Catriona Watt in the Public, Regulatory and Healthcare team on 0131 625 7215.
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