Home Office circular 027 / 2004 The Private Security Industry Act 2001 Modification of Local Enactments for Door Supervisor Registration Schemes…
Home Office circular 027 / 2004
The Private Security Industry Act 2001 Modification of Local Enactments for Door Supervisor Registration Schemes
- Broad subject: Crime and Disorder
- Issue date: Thu Apr 29 00:00:00 BST 2004
CRIME REDUCTION & COMMUNITY SAFETY GROUP Criminal Records & Security Industry Unit
No Linked Circulars
Copies sent to:
Clerks to the Police Authorities ,Chief Officers of Police,(England and Wales),Local Government Associations,Association of London Government,City of Newcastle local authority,The Town Clerk City of London
- Sub category: Crime and Disorder Legislation
- Implementation date: Mon Apr 19 00:00:00 BST 2004
For more info contact:
Bridgette Brooks 020 7411 5502
The Chief Executive County Councils District Councils London Borough Councils
This circular informs you about
The Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004
(Statutory Instrument 916/2004)
This Statutory Instrument sets out modifications to
- Part 5 of the London Local Authorities Act 1995
- Part 3 of the City of Newcastle upon Tyne Act 2000
- Schedule 1 to the Local Government (Miscellaneous) Provisions Act 1982
Under these Acts it is an offence for an unregistered person to act as a door supervisor and for the holder of a licence in respect of licensed premises or any person concerned in the conduct or management of such premises to employ an unregistered door supervisor.
Local Authorities outside London and Newcastle have relied on the provisions in Schedule 1 to the Local Government (Miscellaneous) Provisions Act 1982 to impose a registration scheme for door supervisors as part of a public entertainment licence. Under paragraph 12 of Schedule 1 the holder of a public entertainment licence commits an offence if the premises to which the licence relates are used otherwise than in accordance with the terms of the licence.
The registration schemes as set down in these acts will be replaced by the national licensing scheme provided for in the Private Security Industry Act (PSIA) 2001 during the course of this year and early 2005. The licensing of door supervisors by the Security Industry Authority (SIA) in Hampshire and the Isle of Wight commenced on 1 March and will roll out geographically across the country. The current timetable for the rollout is attached.
During the course of the rollout, it is possible that a person holding an SIA door supervisor licence working in one part of the country that is already subject to the national licensing scheme will seek to work as a door supervisor in another part of the country which is not currently subject to the national scheme. In such cases, the person concerned should be able to work as a door supervisor in any part of England and Wales without needing to be registered under the relevant local authority scheme. To this end, this Order modifies the relevant local enactments so that an SIA licence is recognised by local authorities with existing local registration schemes.
Any person who relies on an SIA licence in lieu of a local authority registration would still be liable for prosecution for an offence under section 15 of the City of Newcastle upon Tyne Act 2000, section 39 of the London Local Authority Act 1995, or paragraph 12 of Schedule 1 of the Local Government (Miscellaneous Provisions) Act 1982, as appropriate, if he fails to comply with the terms of his licence.
The current expectation is that the SIA will accept applications for door supervisor licences from persons working in Newcastle from 6 September 2004 and in London from 3 January 2005. It will be an offence to operate without an SIA in the two regions from 13 December 2004 and 11 April 2005 respectively.
Section 13(5) of the PSIA 2001 enables the provisions of these Acts to be repealed or modified as a consequence of the coming into force of any provisions of the 2001 Act. As the rollout timetable is only indicative at this stage we are not in a position yet to make an order repealing the Acts. However, with the commencement of SIA licensing, we need to provide for an SIA licence to be recognised by London boroughs, the City of Newcastle, and those Local Authorities using the powers of the Local Government (Miscellaneous) Provisions Act 1982 to impose registration schemes.
The SI can be obtained from Her Majesty’s Stationery Office, or viewed at www.hmso.gov.uk/si/si2004/20040916.htm