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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.
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issue: January 2008 |
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