FOI release

Legal requirement to display an SIA front line licence

Published 7 June 2023

1. Request

I believe I am correct in saying that it is a breach in licence if the licence holder does not publicly display their licence while on duty. However, could you explain what law specifically it is that states this? What exact section of the Private Security Industry Act (2001) states a licence holder must have it displayed to the public while on front-line duty?

Additionally, what is the typical punishment for this type of licence breach?

Lastly, as a preventative measure, what are the SIA doing to proactively police that SIA licence holders are displaying their licence to the public to prevent any potential licence conditions breaches?

Thank you for your help and I look forward to hearing back from you soon.

2. Response

I can confirm that the SIA does hold this information. An answer to each question has been provided in turn.

2.1 The law stating that the licence must be displayed

Section 9 of the Private Security Industry Act 2001 (PSIA 2001) enshrines in law the conditions on which a licence must be granted and the power the SIA has to impose additional conditions on an SIA licence.

(a) conditions containing requirements as to the training, registration and insurances which the licensee is to undergo, or to maintain, while the licence remains in force;

(b) conditions as to the manner in which the licensee is to carry out specified activities of a security operative that he is licensed to carry out;

(c) conditions imposing obligations as to the production and display of the licence;

(d) conditions imposing obligations as to the information to be provided from time to time by the licensee to the Authority; and

(e) such other conditions (whether or not relating to the criteria that would be applied by the Authority in determining whether to grant the licence) as the Secretary of State or the Authority thinks fit.

As per Section 9(c) of the PSIA 2001, it is a condition of an SIA licence to have the SIA licence on display whilst undertaking licensable conduct. Section of the 9 PSIA 2001 can be viewed further here: Private Security Industry Act 2001.

When an SIA licence is granted, the SIA will write to the licence holder to remind them that the SIA licence is issued subject to the conditions attached to their licence. The following conditions are imposed by the SIA unto the licence, enshrined by Section 9 of the PSIA (please note condition (a) does not apply if you have a Key Holding licence):

• You must wear the licence where it can be seen at all times when engaging in any licensable conduct unless:
  • the licence is in the possession of the SIA;
  • its loss or theft has been notified in accordance with sub-paragraph (b); OR
  • You can demonstrate that the nature of that conduct on that occasion requires that you are not immediately identifiable as someone engaging in such conduct. You must carry the licence on your person and be able to produce it on request. This cannot apply to vehicle immobilisers.
• You must tell the SIA and the police in writing as soon as practicable if you discover that the licence has been lost or stolen;
• You must return the licence to the SIA as soon as practicable if you are asked to do so;
• You must tell the SIA in writing as soon as practicable if you receive any conviction or caution, or are charged, for an offence identified as a relevant offence in the licensing criteria published under section 7 of the Private Security Industry Act 2001;
• You must tell the SIA in writing as soon as practicable of any change to your name or address;
• You must produce your licence for inspection on the request of any constable, any member or employee of the SIA or other person so authorised by the SIA;
• You must not deface or change your licence in any way (should your licence become damaged, you should advise us and request a replacement);
• You must not wear a licence which has been defaced or altered in any way;
• You must tell the SIA in writing as soon as practicable of any change to your right to remain or work in the United Kingdom;
• Where your licence has been granted to any extent in reliance on the validity of a qualification or licence gained outside the United Kingdom:
  • You must tell the SIA in writing as soon as practicable of any changes to the validity of that qualification or licence; and
  • You must tell the SIA in writing as soon as practicable of any disciplinary action taken or proposed to be taken against you in connection with that qualification or licence.

The first of these conditions relates to the display of an SIA licence whilst undertaking licensable conduct. I can confirm that this only relates to front line licences because front line licences are issued in a credit card sized physical format, where non-front line licences are not.

2.2 Typical punishment for this type of licence breach

It is a criminal offence to contravene the conditions of a licence pursuant to section 9(4). It is a criminal offence to not have a SIA licence on display whilst undertaking licensable conduct.

In respect of punishment, pursuant to section 9(4), a person who contravenes the conditions of any licence granted to them (failure to display a licence) can receive a term of imprisonment not exceeding 6 months or a fine, or both. The fine is different depending on where the case is tried:

• in England and Wales it is an unlimited amount
• in Scotland it is up to £10,000
• in Northern Ireland it is up to £5,000

2.3 SIA actions to ensure the licence is displayed

The SIA has regional investigation and compliance teams and we conduct random regional inspections at various licensed venues and festivals etc. We may also conduct intelligence related investigations. The SIA will issue warnings where proportionate and appropriate to individuals who are not displaying their licence whilst undertaking licensable conduct. We remind security providers and buyers of security that it is a legal requirement for security operatives to display their SIA licence at all times. Lastly, we also talk to partners, such as local police forces to raise awareness of the legal requirement for security operatives to have their SIA licence on display, thus the police will also issue warnings or report section 9 PSIA 2001 offences to us for enquiry or investigation.

[Reference: FOI 0415]