The Private Security Industry (Licences) Regulations 2004

Statutory Instruments

2004 No. 255

SECURITY INDUSTRY

The Private Security Industry (Licences) Regulations 2004

Made

4th February 2004

Laid before Parliament

5th February 2004

Coming into force

1st March 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 8, 9 and 24(5) of the Private Security Industry Act 2001(1), having regard to the definition of “prescribed” in section 24(1), and having consulted, in accordance with section 24(4) of that Act, the Security Industry Authority, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Private Security Industry (Licences) Regulations 2004 and shall come into force on 1st March 2004.

(2) In these Regulations, “the Act” means the Private Security Industry Act 2001.

Application form to engage in licensable conduct

2.  The form set out in Schedule 1 to these Regulations, or a form to the like effect, is hereby prescribed for the purposes of section 8(2)(a) of the Act (form of application for the grant of a licence).

Form of licence to engage in licensable conduct

3.  For the purposes of section 8(5)(a) of the Act (form of licence to engage in any description of licensable conduct) the forms of licence that are hereby prescribed are—

(a) in the case of a person who falls within section 3(2)(a), (b), (c) or (h) of the Act (person carrying out licensable conduct) in relation to any of the activities to which paragraph 8 of Schedule 2 to the Act (door supervisors, etc for public houses etc) applies, the form set out in Schedule 2 to these Regulations, or a form to the like effect;

(b) in the case of a person (not coming within paragraph (a) above) who falls within section 3(2)(d), (e), (f), (g) or (i) of the Act (person acting as a manager, director, employer or partner in relation to licensable conduct) in relation to any of the activities to which paragraph 8 of Schedule 2 to the Act applies, the form set out in Schedule 3 to these Regulations, or a form to the like effect.

Licence conditions

4.—(1) The granting by the Authority of a licence to a person who falls within section 3(2)(a), (b), (c) or (h) of the Act (person carrying out licensable conduct) in relation to any of the activities to which paragraph 8 of Schedule 2 to the Act applies shall be subject to the conditions set out in paragraph (2).

(2) Those conditions are—

(a) the licensee shall display the licence on his person at all times when he is carrying out any activities to which paragraph 8 of Schedule 2 to the Act applies, unless the licence is in the possession of the Authority, or its loss or theft has been notified in accordance with sub-paragraph (b);

(b) the licensee shall notify the Authority and the police as soon as practicable if he discovers that the licence has been lost or stolen;

(c) the licensee shall return the licence to the Authority if the Authority so requests;

(d) the licensee shall notify the Authority as soon as practicable if he receives any conviction or caution, or if he is charged, for an offence identified as a relevant offence for the purposes of this regulation by the Authority in licensing criteria published under section 7 of the Act;

(e) the licensee shall notify the Authority as soon as practicable of any change in his name or address;

(f) the licensee shall produce his licence for inspection on the request of any constable, any member or employee of the Authority or other person so authorised by a direction of the Authority;

(g) the licensee shall not deface or alter his licence, and shall not display a licence which has been defaced or altered;

(h) the licensee shall notify the Authority as soon as practicable of any change to his right to remain or work in the United Kingdom.

(3) The granting by the Authority of a licence to a person (not coming within paragraph (1) above) who falls within section 3(2)(d), (e), (f), (g) or (i) of the Act (person acting as a manager, director, employer or partner in relation to licensable conduct) shall be subject to the conditions set out in sub-paragraphs (b) to (h) of paragraph (2) above.

(4) The granting by the Authority of a licence to engage in any licensable conduct in relation to any activities to which paragraph 8 of Schedule 2 to the Act applies which has been granted to any extent in reliance on the validity of a qualification or licence gained outside the United Kingdom, shall additionally be subject to the conditions set out in paragraph (5).

(5) Those conditions are—

(a) the licensee shall notify the Authority as soon as practicable of any changes to the validity of that qualification or licence;

(b) the licensee shall notify the Authority as soon as practicable of any disciplinary action taken or proposed to be taken against him in connection with that qualification or licence.

Licence fee

5.  The fee payable in relation to an application for the grant of a licence is hereby prescribed as £190.

Hazel Blears

Minister of State

Home Office

4th February 2004

Regulation 2

SCHEDULE 1 Application form to engage in licensable conduct

Regulation 3(a)

SCHEDULE 2 Licence to carry out door supervision of public houses etc

Regulation 3(b)

SCHEDULE 3 Licence to act as manager, director, employer or partner in relation to doorsupervision of public houses etc.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to applications to the Security Industry Authority for the grant of licences under the Private Security Industry Act 2001 to engage in the activity of door supervision for public houses, clubs and comparable venues.

Regulation 2 prescribes the application form to be used for such applications.

Regulation 3 prescribes the forms of licence to be issued for that activity. A distinction is made between licences for people who carry out that activity themselves and licences for those who act as manager, supervisor, employer or director etc of people who carry out that activity.

Regulation 4 prescribes the conditions on which a licence may be granted.

Regulation 5 specifies the fee to be paid to the Security Industry Authority on the making of an application for a licence.

(1)

2001 c. 12.