By April 2005 all doorstaff must be licensed with the SIA.
by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson.
The Private Security Industry Act became law in May 2001.
Under it the current system of local registration for door supervisors will be replaced with a system of national registration with the Security Industry Authority (SIA).
By April 11, 2005, every door supervisor working at licensed premises in England and Wales will be required to hold an SIA licence. It will be against the law to work as a door supervisor without the licence. It will also be against the law to employ a door supervisor who is not registered with the SIA.
The function of the SIA
- license individuals in specific sectors and to approve security companies
- monitor activities of those working in the industry
- carry out inspections
- set approved standards of conduct, training and supervision
- ensure SIA licences are carried and displayed.
The pilot scheme
The SIA has announced the launch of a pilot registration scheme for door supervisors in Hampshire and the Isle of Wight. From March 1, 2004, door supervisors working in this region will be able to apply for an SIA licence and on June 4, 2004, local authority licences in this region will cease to be valid.
What is a licensable activity?
A licence will only be required for door supervisors at premises licensed to sell alcohol or at premises with an entertainment licence. Door supervision includes:
- guarding against unauthorised access or outbreaks of disorder
- guarding against damage or screening the suitability of people entering these premises.
Who will need a licence?
Anyone involved in work of a door-supervisory nature, either contracted to premises by a security company or employed directly will require a licence.
Security companies, employees, managers, supervisors and directors will all be required to register. While security companies may assist employees with registration, responsibility to register will rest with individuals.
Training requirements
The SIA has worked with the industry to devise a new national qualification for door supervisors involving a two-part training course and two assessments.
Some existing door supervisor training will allow full or partial exemption from the new training, for example, the British Institute of Innkeeping's door supervision qualifications will be recognised by the SIA if the applicant has passed them within three years prior to the new licence application. Exemptions are listed on the SIA website.
The application process
Applications will be made on a regional basis. Door supervisors can establish their region and application dates from the SIA website.
- an application should take four to six weeks to be processed
- the fee is estimated to be between £150-£190
- the applicant can request an application form from the SIA. They will receive a partially completed application form and must return it with proof of identity and a photograph
- the application will be determined by the SIA and a decision will be provided in writing. An appeal is permitted if a licence is refused, suspended or revoked
- licences will last for three years.
Offences
The act will make it an offence for a person to engage in regulated activities without being a SIA licence holder.
Employing an unlicensed person will be a breach of the act. The penalty on summary conviction at a magistrates court is six months imprisonment and/or a maximum fine of £5,000. On conviction at crown court the maximum sentence is five years imprisonment and/or unlimited fine.
The SIA has indicated that it will ensure compliance through measures ranging from written warnings to revocation of licences and prosecutions.
Door supervisors and the Licensing Act 2003
Where premises are required to have door supervisors, all premises licences will contain the condition that all door supervisors must be registered with the SIA.
Premises licence conditions will be legally enforceable and breach of a condition could lead to the review of the licence.
Further information can be found at www.the-sia.org.uk or by telephoning the SIA on 020 7227 3600.