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SIA Licensing is on the Doorstep

An overview of the imminent implementation of door supervisor licensing in Scotland.

Article "SIA Licensing is on the Doorstep", on the introduction of licensing requirements for persons working in the private security industry.  First published in Scottish Licensing Law & Practice in February 2007.

[2007] 36 SLLP 20

Introduction

In 2003 the Security Industry Authority (SIA), a creation of the Private Security Industry Act 2001, came into being. The SIA immediately began the process of licensing every person who works in the security industry inEngland and Wales with the aim of increasingsafety, professionalism and general standards.Following consultation with the Scottish Executive, theSIA’s remit was extended to Scotland through the SeriousOrganised Crime and Police Act 2005 (which was subjectto a Sewel Motion in February 2005).The effect of this is to make it an offence for a person who carries out a ‘licensable activity’ to operate without alicence as of 1 November 2007.In liquor licensing terms, this applies topeople who operate as door supervisors,and notably, also to those who runcompanies which provide such staff.

Licence applications  

The SIA began accepting individual licensing applications on 1 February 2007. It is estimated by the SIA that there are around 16,300 persons in Scotland requiring a licence. SLLP has been informed that 60 per cent of these people have requested application packs, and that over 2,000 licences have been issued. There are two types of licence available, both of which have a three-year currency: The non front-line licence, which applies to persons who are involved in the management or supervision of security personnel but who themselves are not working at the front line - this would apply to company directors and upper level management personnel. The non-front line licence is in the form of a letter of confirmation which should be kept for inspection where appropriate. The front-line licence is required for all security personnel. For the licensed trade, this means door supervisors or any other security staff. This licence is an ID card which the holder wears while on duty. In order to be awarded a licence, applicants must undergo and pass an approved training course, covering areas such as communication skills and conflict management as well as the effects of alcohol and licensing law. There are training courses specifically designed for the Scottish environment. After that, the applicant must then clear identity and criminal record checks. Applications can be made online or by requesting an application pack (although note the SIA has introduced a different process for companies who expect to make a considerable number of applications on behalf of their employees). Registration for this process may be carried out by email (bulkapplications@the-sia.org.uk) or telephone (0870 2430 100).

There are a number of standard conditions which attach to a front line licence. The holder must:

  • Wear the licence where it can be seen at all times when working (unless it has been reported lost or stolen, or it is in the possession of the SIA).
  • Tell the SIA and the police immediately if the licence is lost or stolen.
  • Tell the SIA immediately about any convictions, cautions or warnings, or charges for relevant offences whether committed in the UK or abroad.
  • Tell the SIA of any changes to his name or address.
  • Must not deface or change the licence in any way. If the licence has become damaged, the SIA should be advised and a replacement requested.
  • Not wear a licence that has been defaced or altered in

any way

  • Produce the licence for inspection by authorised personnel when asked to do so.
  • Return the licence to the SIA immediately if asked to do so.

Fees dispute

The cost of an SIA licence was, until 6 April 2007, £190. However, following the release of a Home Office Regulatory Impact Assessment (RIA) it was decided that the fee for the licence would increase to £245 on that date. The increase has been met with dismay by the Scottish Beer & Pub Association (SBPA), who wrote to the Executive some weeks prior to the rise, to express concerns despite the SIA fairing poorly against its own revenue targets, and in the context that the regime was yet to be fully integrated in Scotland. The Publican licensed trade paper quoted SBPA Chief Executive Patrick Browne of SPBA: ‘The reply from the Scottish Executive appears to wash its hands of the SIA increase in Scotland and is unwilling or unable to offer any clarity about why the licensed industry in Scotland should be liable for a very steep increase in the SIA charges before the SIA regime has even been introduced.’ SLLP contacted the SIA on this matter. Robert Buxton, Press Officer for the SIA replied: ‘The SIA is required to be self-funding and we raise revenue through application fees… ‘When the Scottish Executive invited the SIA to extend its remit to cover Scotland the SIA was considered the preferred and most cost efficient option that would prevent unsuitable people from working in positions of trust, drive up standards, raise professionalism and ensure that Scottish security businesses will not be disadvantaged in a competitive market… [We have] received overwhelming support from the industry, the police and the public.’

The Approved Contractor Scheme

For those organisations providing door staff to the licensed trade, the Approved Contractor Scheme has been introduced to afford them a ‘badge’ of accreditation, which will indicate that the company has met the rigorous expectations and standards of the SIA. The Scheme is based on minimum standard requirements set out in two well known business management models: the European Foundation for Quality Management Model; and the Balridge Model. Those seeking to become an approved contractor should note that as of 8 September 2006, out of 773 organisations seeking this status only 242 had been approved. The high quality required should ensure that those in the licensed trade seeking the services of approved security companies can be comforted that the staff they are receiving to patrol their premises for the night are licensed and employed by an appropriate organisation.

If you require further information, please contact a member of our Hospitality and Leisure Team