7(1)Subject to sub-paragraph (2), the activities which are referred to in this Act as activities subject to additional controls are any activities which, so far as they are designated activities, are activities to which any one or more of the following paragraphs of this Part of this Schedule applies.
(2)The Secretary of State may by order amend this Part of this Schedule for the purpose of adding or excluding any such activities as he thinks fit to or from those that fall to be regarded for the purposes of this Act as activities subject to additional controls.
(3)The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by sub-paragraph (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Commencement Information
I1 Sch. 2 para. 7 in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(i)
I2Sch. 2 para. 7 in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(l)
I3Sch. 2 para. 7 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)
8(1)This paragraph applies [F1(subject to the following provisions of this paragraph)] to any activities which are activities of a security operative by virtue of paragraph 2 of this Schedule and are carried out—
(a)in relation to licensed premises; and
(b)at or in relation to times when those premises are open to the public.
[F2(1A)This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(a) only if they are carried out at or in relation to times when alcohol is being supplied (within the meaning of section 14 of the Licensing Act 2003 (meaning of “supply of alcohol”)) for consumption on the premises.
(1B)This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(b) only if they are carried out at or in relation to times when regulated entertainment is being provided on the premises.
(1C)This paragraph does not apply to activities which only involve the use of closed circuit television equipment.]
(2)In this paragraph “licensed premises” means (subject to sub-paragraph (3))—
[F3(a)any premises in respect of which a premises licence or temporary event notice has effect under the Licensing Act 2003 to authorise the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises;
(b)any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;]
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)any premises in respect of which a licence of a prescribed description under any prescribed local statutory provision is for the time being in force;
[F4(f)any premises specified in a public house licence (within the meaning of the Licensing (Scotland) Act 1976) which is for the time being in force;
(g)any premises specified in an hotel licence (within the meaning of that Act) which is for the time being in force;
(h)any premises specified in an entertainment licence (within the meaning of that Act) which is for the time being in force if they comprise a dance hall;
(i)any premises comprised in a place to which an occasional licence granted under section 33(1) of that Act (occasional licence for premises other than licensed premises or clubs) to the holder of a public house licence or hotel licence extends;
(j)any premises comprised in a place to which an occasional permission granted under section 34(1) of that Act (occasional permission for sale of alcohol in the course of catering for events arising from or related to the activities of a voluntary organisation) extends;
(k)any premises comprised in a place or class of place for the time being specified by resolution under section 9(5)(b) of the Civic Government (Scotland) Act 1982 (resolution specifying place or class of place falling to be licensed if to be used as place of public entertainment);
(l)any premises comprised in a place where an activity for the time being designated under section 44(1) of that Act (additional activities for which a licence is required) is carried on provided that, in the case of an activity designated under paragraph (a) of that section, the requisite resolution under section 9 of that Act has been obtained.]
[F5(3)For the purposes of this paragraph, premises are not licensed premises—
(a)if there is in force in respect of the premises a premises licence which authorises regulated entertainment within paragraph 2(1)(a) or (b) of Schedule 1 to the Licensing Act 2003 (plays and films);
(b)in relation to any occasion on which the premises are being used—
(i)exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or
(ii)for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act;
(c)[F6in relation to any occasion on which a casino premises licence or a bingo premises licence is in force in respect of the premises under the Gambling Act 2005 and the premises are being used wholly or mainly for the purposes for which such a licence is required;]
(d)in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph.]
(4)For the purposes of this paragraph the times when premises are open to the public shall be taken to include any time when they are open to a section of the public comprising the individuals who qualify for admission to the premises as the members of a particular club, association or group or otherwise as being persons to whom a particular description applies or in relation to whom particular conditions are satisfied.
(5)References in this paragraph to the occasion on which any premises are being used for a particular purpose include references to any time on that occasion when the premises are about to be used for that purpose, or have just been used for that purpose.
[F7(6)Sub-paragraphs [F8(1A), (1B),] (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.]
Textual Amendments
F1Words in Sch. 2 para. 8(1) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(2)
F2Sch. 2 para. 8(1A)-(1C) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(3)
F3Sch. 2 para. 8(2)(a)(b) substituted for Sch. 2 para. 8(2)(a)-(d) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(2) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F4Sch. 2 para. 8(2)(f)-(l) added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 14(d); S.S.I. 2006/381, art. 2(a)(i)(b)(i)
F5Sch. 2 para. 8(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(3) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F6Sch. 2 para. 8(3)(c) substituted (1.9.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(2), 5(4)
F7Sch. 2 para. 8(6) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(4) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)
F8Words in Sch. 2 para. 8(6) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(4)
Commencement Information
I4Sch. 2 para. 8 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)
I5Sch. 2 para. 8 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)
9This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 3 of this Schedule.
Commencement Information
I6Sch. 2 para. 9 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)
I7Sch. 2 para. 9 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)
[F99A.This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 3A of this Schedule.]
Textual Amendments
F9Sch. 2 para. 9A inserted (28.2.2005) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224), arts. 1(1), 4
[F1010This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 4A of this Schedule.]
Textual Amendments
F10Sch. 2 para. 10 and cross-heading added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 14(e); S.S.I. 2006/381, art. 2(a)(i)(b)(i)