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Private Security Industry Act 2001 and the SIA (Security Industry Authority)

As a requirement of the Private Security Industry Act 2001 and, reporting to the Home Secretary, the SIA has been established to reform and regulate the UK Private Security Industry - with the assistance of and in collaboration with various enforcement authorities. Prior to this legislation, the Private Security Industry was unregulated, consequently any individual, irrespective of criminal background and qualifications, could become a 'provider of security services'. It was therefore inevitable that the outcome of many criminal investigations concluded "it was an inside job"

To achieve this 'deep cleaning', the Act of Parliament has set the SIA two primary objectives: firstly to establish and maintain a Best Practice standard for security contractors by way of the Approved Contractors Scheme (ACS). The scheme is voluntary and private security contractors who are ISO 9001:2000 registered and operating to UKAS approved audited standards are invited to apply for ACS registration - a hallmark for consumer (and insurance company) confidence. The second objective is mandatory, it is to licence all industry employees (including Managers and Directors), who have successfully passed criminal background checks and undertaken specified training and examinations. Working with the Police and other authorities, the SIA has been granted enforcement powers to accomplish this. The purpose of these far reaching measures is to eliminate a small criminal element from opting in and out of the industry, as has been the case, leaving in it's wake a trail of bad press, mistrust and indifference.

The enforcement of the Act is a vital element in regaining consumer confidence. As investigations are unfolding and prosecutions resulting, other criminal offences are simultaneously being discovered, benefit fraud and tax evasion as typical examples. Consumers are learning, often to their peril, it is unwise to contract the 'services' of such suppliers, who simply cannot deliver a credible/legitimate service at bargain basement prices. Best Practice contractors, approved by the SIA, have invested considerable resources in establishing quality products and services which stand the test of rigorous auditing. We support fully the prosecutions and demise of those 'suppliers' who are unable/unwilling to comply with the requirements of the Private Security Industry Act 2001.


Stakeholders of Valley Security Services take comfort in the knowledge that our systems in respect of recruitment, vetting/screening, training and systems monitoring, satisfy fully the requirements of the SIA's Approved Contractor Scheme, also of ISO 9001:2000.
As champions of Best Practice, VSS pledges its clients and consumers a uniformity in quality services, where our demanding service delivery targets are clearly defined and understood - as is our desire for continual improvement.

 

THE EVENTS INDUSTRY - DO I NEED TO EMPLOY LICENSED SECURITY STAFF?

1 Introduction
The purpose of this guidance is to ensure that everyone connected with the events industry is aware of their legal responsibilities under The Private Security Industry Act 2001.
The guidance contained within this document is produced by the Security Industry Authority. It is intended to assist event organisers, venue managers and those responsible for the management or deployment of security operatives at venues and sports stadia to determine licence requirements under the Act, and to ensure that all security personnel covered by the legislation are correctly licensed. It is however, only intended as general guidance. It is not a substitute for the definition of licensable activity within the Private Security Industry Act 2001, and for the avoidance of doubt should be read in conjunction with the Act. It does not remove the need for those concerned to consider the implications of the Act for particular events or premises, and to seek appropriate independent legal advice.
It is not possible to give definitive guidance as to who is licensable in all circumstances because it will always depend on the specific circumstances of the case. Nowhere in the legislation does it say that standing at a nightclub door or by a factory gate is licensable. It doesn’t describe watching a CCTV monitor, sitting at a reception desk, walking in a shopping mall or searching people or bags as licensable. These individuals become licensable if they engage in ‘designated activity’ as described in the legislation.
Understanding what makes someone licensable is important and that is why we have published this guidance. Those responsible for events or the deployment of personnel must consider the specific circumstances and ensure that those carrying out licensable activity are appropriately licensed.
We recognise that it is not always easy for event organisers and suppliers of personnel to establish which individuals carry out licensable activity. This guidance has been updated in the light of experience and some common misunderstandings. In considering our response to any given set of circumstances, we always aim to take a proportionate approach. We will expect to see that organisers have acted in good faith and sought to ensure that the right people are licensed by taking a reasoned and open approach including reference to this guidance and, where necessary, seeking authoritative legal advice. Contrivances or misrepresentations to disguise the fact that someone is licensable would not demonstrate good faith. Although we cannot speak for other authorities, it seems likely that a similar approach would be adopted.
The SIA licensing requirement does not include those individuals who do not engage in licensable activity. We do not have the remit or expertise to regulate events – this is the responsibility of other authorities.

2 Why the Act was passed
In the UK, the private and public sectors spend around £4 billion a year on private security. This has created an economically important and politically significant industry; one that employs over 250,000 people. This is no small figure considering there are only around 155,000 police officers in England, Wales and Scotland.
Most venue managers agree that licensing of security personnel should help ensure that their events will be safe as well as successful. That’s good news for the entertainment business and the public.
The Security Industry Authority is responsible for regulating the private security industry in Great Britain; we license individuals undertaking designated activities within the private security industry and manage the voluntary Approved Contractor Scheme, which measures private security suppliers against independently assessed standards. We are committed to the Regulators’ Compliance Code, a statutory code of practice for regulators that promotes a risk-based, proportionate and targeted approach.

3 Licensable activities

3.1 Definition of licensable activities
Whether or not a licence is required is determined by the role that is performed and the activity that is undertaken. These are described fully in Section 3 and Schedule 2 of the Private Security Industry Act 2001 (as amended).
If licensable;
A front line licence is required if undertaking designated licensable activity other than key holding activities (a front line licence also covers undertaking non-front line activity). A front line licence is in the form of a credit card sized plastic card that must be worn where it can be seen at all times when engaging in designated licensable activity, subject to the licence conditions.
A non-front line licence is required for those who manage, supervise and/or employ individuals who engage in designated licensable activity, as long as front line activity is not carried out. A non-front line licence is issued in the form of a letter that also covers front line key holding activities.
Please note: Directors or partners of any company, business or firm that is part of, or a subsidiary of, a security provider supplying licensable operatives in connection with services supplied for the purposes of or in connection with any contract to a consumer will also need to be licensed as either front line or non-front line depending on their role.
For the purposes of the Act, directors includes executive and non executive directors, shadow directors, parent company directors and corporate entities holding a directorship.
The definition of a director for the purposes of the Private Security Industry Act can be found within section 25 of the Act.
Overseeing the deployment of contracted-in security operatives as an event organiser does not constitute a managerial or supervisory role for the purposes of the Private Security Industry Act, provided that management and supervision remains with the security company contracted to provide security operatives. However, those employing, managing or supervising in-house door supervisors (see section 3.2.3) require a licence.
Managers or supervisors of individuals where those individuals are required to carry out designated licensable activities for the purposes of or in connection with a contract for the supply of services will require a licence even if the managers or supervisors are an employee of the customer of the services. If a person merely gives directions to a licensable individual on the customer’s behalf, they are not considered a manager or supervisor of that person. In addition, if that person is engaged by the firm providing the security services, to give directions only, they are not required to be licensed.

3.2 Manned guarding
Manned guarding activity includes any of the following:
a) guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage;
b) guarding property against destruction or damage, against being stolen or against being otherwise dishonestly taken or obtained;
c) guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others.
All of the above includes providing a physical presence, or carrying out any form of patrol or surveillance, as to deter or otherwise discourage it from happening or to provide information, if it happens, about what has happened.
It is important to note that paragraph 2(2) of Schedule 2 of the Private Security Industry Act 2001 expands the activity of guarding premises against unauthorised access by including references to being wholly or partly responsible for determining suitability for admission to the premises. It does not qualify or limit the definition in paragraph 2(1)
(a) of Schedule 2 to only those who are wholly or partly responsible for determining suitability for admission that require a licence but also those individuals who are simply part of the process of guarding against unauthorised access. However, this does not include the activities of a person who exercises control over the persons allowed access to any premises to the extent only of securing, or checking, that persons allowed access have paid for admission or have invitations or passes allowing admission.
The manned guarding activities above do not apply to the activities of a person who, incidentally to the carrying out of any activities in relation to a group of individuals which are neither manned guarding activities or checking that persons allowed access have paid etc. (as above), maintains order or discipline amongst those individuals. An example might be a school teacher accompanying children on an outing.
There is a further exclusion that may apply where individuals who do not undertake licensable activity are faced with a sudden or unexpected situation e.g. a fight or going to the assistance of a colleague who is being attacked by members of the crowd. This exclusion will not apply if there is an expectation that an individual will respond to such incidents by, for example, its inclusion in their job description.
Exemption from licensing (in England and Wales only) applies to in house employees when carrying out duties in connection with their employer’s use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.
Employees of a visiting team to such premises are also exempt provided that the visiting team has a certified sports ground or stand. For a more precise description of the exemption see Section 4(6) to 4(12) of the Private Security Industry Act 2001 as amended and the explanatory notes to section 63 of the Violent Crime Reduction Act 2006.
There are certain exclusions mentioned within the Private Security Industry Act 2001. The Act should be referred to for full details of when a licence is not required.

Licensable activities
The following lists some examples of the types of guarding roles which are likely to require an SIA licence, but only if they are undertaken in relation to one or more of the
manned guarding activities defined above.
It is the responsibility of the individual and his/her employer to ensure that licences are held by those carrying out licensable activity.
It is a criminal offence for any individual to undertake licensable activity, or to supply an individual to undertake licensable activity, without the appropriate licence.
Screening a person’s suitability to enter the event or venue e.g. individuals under the influence of alcohol or drugs or demonstrating anti social behaviour. This includes those who are searching bags to ensure that there is no unauthorised access or any damage to property or injury to others.
Searching of persons and/or property to prevent items that are unauthorised or illegal from entering the premises e.g. cameras, alcohol, drugs or weapons. Note if the purpose of searching of persons or bags is to ensure that no-one with prohibited items enters the premises, then this is an activity that falls within paragraph 2(1)(a) of Schedule 2 of the Private Security Industry Act as an activity that consists of “guarding premises against unauthorised access”. If the purpose (or an additional one) is to ensure that no weapons or other dangerous articles are brought onto the premises, then the bag searching would also fall within paragraph 2(1)(a) and potentially paragraphs 2(1)(b) and (c) of Schedule 2 of the Private Security Industry Act on the basis that this would be guarding property and individuals respectively against damage and injury.
Responding to incidents within crowds, queues or the audience to control behaviour which is antisocial, undesirable or likely to result in harm to others.
Ejecting individuals from a venue or event or designated area e.g. concert pit or backstage areas.
Protecting a pitch, track or other identifiable area from spectators or others with the intention of preventing damage to property or persons.
Providing a security presence to prevent and detect crime within a designated area.
Guarding property and/or equipment in situ during the setup and breaking down of, for example, an event or exhibition.
Patrolling the perimeter of an event to prevent unauthorised entry being gained by individuals, through the climbing or breaching of any fences or barriers, or through being let in via an access point.
Observational and reporting roles as part of or in support of guarding fall within paragraph 2(1) as a result of paragraph 2(3) of Schedule 2 of the Private Security Industry Act which includes as licensable activity providing a physical presence or any form of surveillance as to deter or otherwise discourage something from happening or to provide information if it happens about what has happened.
Examples of such roles (but not limited to) include patrolling the venue, observing from fixed positions or monitoring CCTV footage.

3.2.1 Cash and valuables in transit
A Cash and Valuables in Transit licence is required when guarding property against destruction or damage, against being stolen or against being otherwise dishonestly
taken or obtained, involving the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function.
This applies if services are supplied for the purposes of or in connection with any contract to a consumer.

3.2.2 Close protection
A Close Protection licence is required when guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct
of others. This applies if services are supplied for the purposes of or in connection with any contract to a consumer.

3.2.3 Door supervision
A Door Supervisor licence is required if manned guarding activities are undertaken in relation to licensed premises*, except where the activity only involves the use of CCTV
equipment or falls within the definition of cash and valuables in transit or close protection described above. A Door Supervisor licence is required if an individual performs this
activity on their own behalf or for an employer or where services are supplied for the purposes of or in connection with any contract to a consumer.

3.2.4 Public space surveillance (CCTV)
A Public Space Surveillance (CCTV) licence is required when manned guarding activities are undertaken involving the use of closed circuit television equipment to –
a) monitor the activities of a member of the public in a public or private place; or
b) identify a particular person; including the use of CCTV in these cases to record images that are viewed on non- CCTV equipment, for purposes other than identifying a trespasser or protecting property.
This applies only if services are supplied for the purposes of or in connection with any contract to a consumer.

3.2.5 Security guard
A Security licence is required when manned guarding activity, that does not fall under the descriptions above of door supervision, close protection, cash and valuables in transit, or public space surveillance (CCTV) is undertaken. This applies only if services are supplied for the purposes of or in connection with any contract to a consumer.

3.3 Other sectors
Additional or separate licences may be required by any individuals undertaking the following activities:
3.3.1 Immobilisation, restriction and removal of vehicles
This activity is:
Either:
a) the moving of a vehicle by any means;
b) the restriction of the movement of a vehicle by any means (including the immobilisation of a vehicle by attaching a device to it);
c) the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise
entitled to remove it, by removing any restriction on the movement of the vehicle by removing the device or by any other means; or
d) the demanding or collection of a charge as a condition of any such release of or for the removal of the device from a vehicle.
Vehicle immobiliser activity only applies to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to
remove it.
Vehicle immobiliser activity only applies where it is proposed to impose a charge for the release of the vehicle.
Vehicle immobiliser activity applies to any activities carried out in relation to a vehicle while it is elsewhere than on a road within the meaning of the Road Traffic Act 1988.
The requirement to hold a licence when carrying out the immobilisation, restriction or removal activity as defined in the Act applies to anyone e.g. land occupiers, in-house
employees, staff supplied for the purposes of or in connection with any contract to a consumer or volunteers.
There are certain exclusions mentioned within the Private Security Industry Act 2001.
The Act (see paragraphs 3 and 3A of Schedule 2) should be referred to for full details of when a licence is not required.
Vehicle immobilising does not apply to Scotland.
3.3.2 Key-Holding
A Key Holding licence is required when keeping custody of, or controlling access to, any key or similar device for operating (whether mechanically, electronically or otherwise) any lock. This does not apply to:
the activities of a person who holds a key or other device for obtaining access to any premises for the purposes incidental to the provision in relation to those premises,
or in relation to an individual present on those premises, or any services that do not consists of or include the carrying out of any of the manned guarding activities.
to activities carried out merely incidentally to the provision of any services in connection with a proposal for the sale of any premises or other property to which the key or similar device gives access.
The requirement to hold a key holding licence applies only if services are supplied for the purposes of or in connection with any contract to a consumer.
3.4 Licence integration
In some cases, we are satisfied that the licensing criteria to be met for one activity are sufficient to allow a licensed individual to carry out licensable activity within another.

3.5 Non-licensable activities
In determining whether an individual is licensable, consideration should be given to the full range of activities that an individual performs. Although other activities may make an individual licensable, the following, on their own, are not licensable unless performed in relation to manned guarding activities described in section 3.2.
Customer care duties including directing patrons to refreshments, toilet and first aid facilities
Directing spectators to seating areas by checking tickets
Providing safety advice and assistance to patrons as required
Ensuring gangways and exit/evacuation routes are kept clear for health & safety purposes
Providing assistance in the carrying out of evacuation procedures in the event of danger to patrons, including liaising with representatives of the emergency services
To be responsible for the health and safety and comfort of spectators within a designated area
Monitoring and maintaining the pedestrian flow at key locations e.g. entry and exit points.
Providing guidance and direction to visitors arriving by car or on foot, including the management of roadway crossings to ensure the safe passage of visitors over the roads
Report to a supervisor or safety officer any damage or defect which is likely to pose a threat to spectator ‘health and safety’ e.g. a damaged seat or barrier
This list is by no means exhaustive and it should be remembered that it is not the job title that is important; it is the work that an operative actually does (the activity
undertaken) that determines whether they need a licence.


3.6 Access control
Individuals that have any responsibility in relation to either screening a person’s suitability to enter the premises or their subsequent removal (where this is in relation to manned guarding activity described in section 3.2) from the premises, are still licensable.
Those who are searching persons or bags to make sure that there is no unauthorised access or any damage to property or injury to others are licensable as they are not only physically present, they are also carrying out a more pro-active activity that is intended specifically to guard against one or more of the activities listed in paragraph 2(1) of Schedule 2 of the Private Security Industry Act.
The Private Security Industry Act 2001 excludes certain people from the scope of manned guarding activities, including individuals whose sole responsibility is to control
access to a premises or designated area, through checking tickets, invitations or passes.

3.7 Volunteers
Only those individuals employed, or contracted in, to carry out licensable activities are covered by the legislation. Volunteers, by virtue of not being employed or contracted in
are not considered to be employees and therefore are not licensable under the Private Security Industry Act 2001 (unless in relation to vehicle immobilising – refer to the
Private Security Act 2001).
However, volunteers working as manned guards at events must provide their services for free and receive no financial benefit, payment in kind or a reward for their services to be defined as a volunteer.
The principles on what constitutes a payment in kind or reward are in line with those set out by HM Revenue & Customs. HM Revenue & Customs identifies a payment in kind or benefit as whether it is subject to either PAYE (tax) or National Insurance contributions.
The list provided on the HM Revenue & Customs website (address below) is comprehensive, but not prescriptive, and if in doubt, individuals or organisations should
seek independent legal advice.
The following examples provide an indication as to how some common occurrences are likely to be treated:
The payment of out of pocket expenses (e.g. travelling to and from the event) would not be considered a payment in kind
The payment of a donation made direct to a charitable organisation would not be considered as a payment in kind as long as no part of this payment is then passed on
to the individual
The provision of a meal or meal vouchers during the working day is acceptable. However, provision of vouchers to be exchanged for, ‘lunch at the Ritz’ for example could be considered a reward
The ability to view the event while working (directly before, during or after a shift) would not be considered a reward, however preferential treatment or discounted rates for premium tickets (e.g. Men’s Final on the Centre Court at Wimbledon, or a Cup Final match) could
Tickets provided to an individual for use by themselves (whilst not working), their family or any associate could be viewed as a reward
The provision of uniform or appropriate equipment for the job would not be considered payment in kind or a reward, nor would certain other items of clothing such as a motif tie. However, the provision of official merchandise e.g. CDs or DVDs could be

3.8 Approved Contractor Scheme – Licence dispensation
The SIA Approved Contractor Scheme provides a framework for setting, improving and monitoring the standards of business management and organisation amongst companies that provide private security services; from licensable operatives deployed on site through to the executives in the boardroom.
As well as giving purchasers assurance of a commitment to compulsory licensing and the quality and standards that can be expected from SIA Approved Contractors, the scheme provides confidence and reassurance to wider stakeholders such as the public, police, employees and the local community. Approved Contractors may use the Approved Contractor Scheme accreditation mark on stationery, livery and websites.
SIA Approved contractors have the authority to deploy a small proportion of staff whose licence applications are pending, in the form of a licence dispensation notice. Please note that the licence dispensation notice is not applicable where operatives work with children or vulnerable adults.
There is a register of approved contractors available on the SIA website - click here to view.

4 Assessing requirements
In overall terms, the SIA licensing requirement at any venue or event will be dependent upon a number of factors including:
The security requirement according to the level of risk associated to any venue or event (see section 7.1)
The employment status of an individual (see section 3.7)
The type of work (activity) undertaken by that individual (see section 3.2 and section 3.7)
The extent of the premises which are considered to be ‘licensed premises’ (see section 6.1)
Whether those premises are open to members of the public at times when alcohol is being supplied for consumption, or regulated entertainment is being provided, on the
premises (see section 6.2)

5 Close protection operatives
Corporate and celebrity clients are often accompanied by close protection operatives (see section 3.2.2) when attending any venue or event; more commonly known as
‘bodyguards’ these operatives provide protective security, enabling clients to go about their work or leisure activities safely. They may work with a client on a permanent basis, or for the duration of a holiday or business trip.
It is illegal for any individual, supplied under a contract for services, to operate as a close protection operative in England, Wales and Scotland without holding an SIA licence. This applies to operatives entering Great Britain from abroad regardless of the duration of their assignment.
We recommend that anyone responsible for the management of a venue or organisation of an event and their staff are aware of the requirement for close protection officers
to be licensed, either those contracted directly by the event organiser or those brought in, for example, by a celebrity. Organisers should not permit operatives to work at their
event or venue if they do not hold the appropriate licence.

6 Licensed premises

6.1 Definition of licensed premises
For the purpose of the Private Security Industry Act 2001 in England, Wales and Scotland, the definition of ‘licensed premises’ is:
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;
premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;
premises in respect of which a licence of a prescribed description under any prescribed local statutory provision is for the time being in force;
premises specified in a public house licence (within the meaning of the Licensing (Scotland) Act 1976) which is for the time being in force;
premises specified in an hotel licence (within the meaning of the 1976 Act) which is for the time being in force;
premises specified in an entertainment licence (within the meaning of the 1976 Act) which is for the time being in force if they comprise a dance hall;
premises comprised in a place to which an occasional licence granted under section 33(1) of the 1976 Act (occasional licence for premises other than licensed premises or clubs) to the holder of a public house licence or hotel licence extends;
premises comprised in a place to which an occasional permission granted under section 34(1) of the 1976 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;
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); or
premises comprised in a place where an activity for the time being designated under section 44(1) of the 1982 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.
Premises are not licensed premises…
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); in relation to any occasion on which the premises are being used exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or
for regulated entertainment of the kind mentioned in paragraph 2(1)(a) of Schedule 1 to the Licensing Act 2003 (plays and films), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of the 2003 Act;
in 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; or for Scotland, in relation to any occasion on which a licence is in force in respect of the premises under the Theatres Act 1968 or the Cinemas Act 1985 and the premises are being used wholly or mainly for the purposes for which the licence is required.
The licensing authority may choose to license a complete event, stadium or venue. This would require all those undertaking licensable manned guarding activities to be licensed as door supervisors, unless exempted in connection with a certified sports ground or stand (see section 3.2)
The extent of the area covered by any of the premises licences and when such an area is considered to be open to the public will be up to the local licensing authority and not the SIA to decide.
6.2 Premises open to the public
For the purpose of the Private Security Industry Act 2001, licensed premises are considered to be open to the public when alcohol is being supplied for consumption, or regulated entertainment is being provided, on the premises. For a complete understanding of how licensed premises affect manned guarding, please refer to the Private Security Industry Act 2001, Schedule 2, Part 2 (as amended).
References 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.
Examples of when events or venues may be considered open to the public:
A ticket only event where the public can purchase tickets either at the door or through agents.
An event open to selected members of the public e.g. delegates at a work related conference or exhibition.
A venue open to members e.g. a student union bar which has been issued a premises licence under the Licensing Act 2003 However it is ultimately the premises licence
holders’ responsibility to determine when the premises are open to the public.
Examples of when events or venues may not be considered open to the public, for the purposes of the Private Security Industry Act 2001:
The set up and break down of an event or exhibition where access is restricted to exhibitors and those responsible for its organisation.
A beer tent situated within a showground, that is closed to members of the public.
Any occasions when alcohol is not being supplied for consumption, or regulated entertainment is not being provided, on the premises.

7 Managing the implications
We recommend event organisers use risk assessments and job descriptions to determine the SIA licensing requirements at any event or venue. Other opportunities open to
organisers to effectively manage the implications of licensing include the use of multi-role staff and/or volunteers.
7.1 Risk assessments
A risk assessment should help identify whether there is a need for staff that carry out any of the designated activities covered under the Private Security Industry Act 2001.
A risk assessment should also prove useful when planning an event to determine the appropriate level of security that may be required or in support of an application to the
licensing authority for either a Premises Licence or Temporary Event Notice. It is therefore recommended that event organisers contact their respective licensing authority at the earliest possible opportunity to discuss any licensing requirements for the event.
7.2 Job descriptions
We recommend that every member of staff is provided with a clear job description.
This should detail the activities to be undertaken as part of the role, and the purpose for which activities are being undertaken. It is also suggested that the licensable status of the individual and the location of where the work is to be undertaken are included.
This information will help establish those individuals who undertake designated activities, and which of those do so in relation to licensed premises.
7.3 Multi role staff
It is worth considering if licensed staff could be used for more than one activity, such as being part of a quick response team when no longer required to undertake searches of person and property at the entrance to an event. This may reduce the number of SIA licensed staff required, whilst not compromising the safety of the event. It may also
ensure that those who are employed are being efficiently used.

8 Licensing checklist
We recommend that those responsible for security at events:
1 Include in risk assessments for events or venues the level of security that may be required.
2 Identify the employment status (in-house, contract or volunteer) of individuals working at the event to identify if those individuals are within the scope of the Private Security
Industry Act 2001.
3 Develop job descriptions for each person working at the event or venue to identify the type and number of licensed operatives that may be required.
4 Liaise with the local licensing authority and police to discuss any licence requirements for the event including:
a) The type of licence, if any, required for the event to take place.
b) Special conditions to be imposed on the licence in respect of security.
c) The area to be covered by the licence.
5 Following this, work out how to provide the level of security required, which may include the use of:
a) Multi role staff to be deployed throughout the course of the event.
b) Volunteers.
6 Make contact with a security provider to discuss the security requirements for the event:
a) Obtain assurances from the company to ensure that only appropriately licensed staff will be provided.
b) Check whether an individual is licensed via the Register of Licence Holders on the SIA website
7 Consider whether the additional assurance of using an SIA Approved Contractor is required.
8 If responsible for the management of a venue where security is arranged by customers:
a) Liaison is recommended to ensure any proposals put forward which relate to the provision of both licensable and non licensable individuals comply with requirements.
b) Obtain assurances from the company to ensure that only appropriately licensed staff will be provided.
c) Check whether an individual is licensed via the Register of Licence Holders on the SIA website.

9 Enforcement

9.1 Penalties
For those working in a licensable security role or supplying unlicensed security staff, without an SIA licence the penalties are currently as follows; summary conviction at a Magistrate’s Court, Sheriff Trial or District Court: a maximum penalty of six months imprisonment and/or a fine of up to £5,000, or (for supplying unlicensed staff only) trial on indictment at Crown Court, High Court of Justiciary or Sheriff and jury trial: an unlimited fine and/or up to five years imprisonment.
Interested parties should seek their own independent legal advice on this matter if they are concerned about their individual liabilities.
9.2 Insurance
Those using contract security teams / staff who undertake licensable activities, are advised to seek assurances from suppliers, for instance through the contract with them, that they are able to provide correctly licensed personnel. Failure to do so could invalidate insurance. The same applies for the use of unlicensed in-house security teams in relation to licensed premises.
The Association of British Insurers has issued guidance to commercial insurers and insurance companies about recognising the importance of SIA licensing. They are equally conscious of the commercial benefits of differentiating between “the best and the rest” of security providers.
The Association of British Insurers recommendations for insurers to consider when underwriting a risk are:
On issuing or renewing policies and when claims are made, ensuring security providers or business owners are using licensed operatives
For property claims, consider whether policy conditions have been fully met if unlicensed security operatives have been employed
Liability insurers have noted the SIA licensing rules and will expect their customers to comply with these rules. Liability insurers may wish to ask their customers if they are
employing SIA licensed staff
Additionally failure to comply could put premises and personal licences at risk.
9.3 Reporting unlicensed operatives or unlawful behaviour
We want all of the private security industry to be compliant with the law. We have a range of sanctions for non-compliance available to us including (but not limited to) prosecution. As we say in our published ‘Enforcement policy – code of practice’, prosecution is not our preferred option but we will prosecute when we think it is justified.
To report unlicensed operatives, breaches of licence conditions and related unlawful behaviour for all licensable sectors online, visit our website, www.the-sia.org.uk. You can
report ACS companies who are operating in breach of the ACS conditions or standard, or who are misadvertising ACS status through this route. This information can also be
provided by telephoning our call centre on 0870 2430 100. Please note that our call centre receives a high volume of calls and there may be a delay in the information you
provide reaching us.
If you would prefer to provide information anonymously you can do so by calling Crimestoppers on 0800 555 111. Crimestoppers is an independent registered charity that operates across the UK to help identify, prevent and reduce crime. Every call is treated with absolute anonymity so nobody knows the identity of the caller.
We do not routinely disclose our sources and seek to protect the source of any information we receive before disclosing intelligence to our partners (for example, the police, local authorities or other government departments). However, we cannot guarantee the confidentiality of any information provided to us where there are legal, regulatory or operational reasons for disclosure. For example, where a criminal offence has been committed, the police or another government body may need to be informed. Before disclosing a source, we will obtain consent where it is reasonable to do so. Where consent is not obtained, it remains within our discretion to make a disclosure (the source
will be informed where it is reasonable to do so). In some circumstances it may be appropriate to disclose without consent or notice, but in these cases we will always take
into account the need for sensitivity towards the source’s position. If you wish to ensure anonymity, please report the information through Crimestoppers.
Please note: Crimestoppers will not handle any reports of training provider or qualifications malpractice, or reports of ACS companies not conforming to the ACS conditions or standard.

 

HEALTH AND SAFETY

With a proactive approach, Valley Security Services works hard to remain accident free and compliant in all aspects of the Health and Safety at Work Act. We have in place non flexible policies and an externally audited H&S management system - our people understand our passion for compliance, striving to uphold Health and Safety Best Practice. Our accident record is exemplary - a great deal of effort, from all levels within the company, is directed at maintaining this level of achievement.
With this in mind, we commissioned a consultancy to firstly audit our existing arrangements, subsequently to fine tune our policies and practices, which we have diligently ensconced, also to audit ongoing to exacting standards.
Health and Safety proactive clients who responsibly ensure that contractors / suppliers operating on their premises are fully compliant, are suitably assured and impressed when dealing with Valley Security Services.

 

FIRE SAFETY LAW

The Regulatory Reform (Fire Safety) Order 2005 (which came into force in October 2006), has simplified and replaced the Fire Precautions Act, plus many of the fire safety references from the Licensing Act and Housing Act. The Order imposes legal obligations upon owners/users of, for example: offices and shops, factories and warehouses, premises providing care, community buildings, pubs, clubs and restaurants, schools, hotels and hostels, tents and marquees, but excludes purely domestic premises occupied by a single family. The inspection of premises and the issuing of Fire Safety Certificates by Fire Officers has been replaced by the nomination of a "responsible person". Documented fire risk assessments must be undertaken, identifying all hazards/risks and the appropriate actions taken. Within the detail are rules and regulations pertinent to Portable Fire Fighting Equipment, quantities and types of appliance, inspection, maintenance and certification. Additionally regulations relating to signage, means of escape and fire practice drills for example are laid down and must be followed.
All equipment supplied by us is British Standards ‘kite’ marked and conforms to BS EN3 specifications.

 

Web site Legal Information

The information provided on this web site is free of charge and is for informational purposes only. You accept full responsibility for its use.
Your access to and use of this web site is confirmation that you understand and agree to be bound by these terms and conditions:
While Valley Security Services Limited (The Company) aims to ensure the information in this site is current, accurate and complete, no warranty is given in these respects. The Company will not be held responsible for any errors, omissions or for the consequences resulting from the use of this information.
No warranty of any kind, express or implied is given, including but not limited to warranties of performance, merchantability and fitness for a particular purpose.
In no event will the Company be liable to any party for any direct, indirect, incidental, special, or any other damages (including but not limited to lost profits, business interruption, loss of computer data) arising out of or in connection with use of this web site, or any web site service linked to it. Any use made of information provided on this web site, or any web site or service linked to or from this web site, is at your own risk.
No warranty is given as to the freedom of this web site from errors, defects, viruses or other malicious computer-related conditions.
Links from this web site are for your convenience/information and may lead to services or web site's not operated by the Company.
Such links do not imply any endorsement or warranty of a web site or service by the Company, which accepts no responsibility or liability for information contained on any such site.
Copyright:
Unless stated to the contrary, the contents of this site are the copyright of the Company. You may download or print individual sections for personal reference, but otherwise its contents, including text, images, html coding, are not to be reproduced or copied without the express permission of the Company. All rights are reserved.
Trademarks:
All trademarks used or mentioned in this web site are the property of their respective owners.
Law Applicable:
This site is maintained in the United Kingdom. You agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the Laws of England, and subject to the jurisdiction of the English Courts. This condition applies wherever in the world you are located, or from where in the world you visited this site.
Severance:
If at any time any one or more of the provisions of these conditions becomes invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
This disclaimer is subject to change without notice.
Last issue: January 2008

 

 

 

 

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