Private Security Industry Act 2001

Door supervisors etc for public houses, clubs and comparable venues E+W+S

8 (1) This paragraph applies [F1 (subject to the following provisions of this paragraph)] to any activities which are activities of a security operative by virtue of paragraph 2 of this Schedule and are carried out—

(a) in relation to licensed premises; and

(b) at or in relation to times when those premises are open to the public.

[F2 (1A) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(a) only if they are carried out at or in relation to times when alcohol is being supplied (within the meaning of section 14 of the Licensing Act 2003 (meaning of “supply of alcohol”)) for consumption on the premises.

(1B) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(b) only if they are carried out at or in relation to times when regulated entertainment is being provided on the premises.

[F3 (1BA) [F4 This paragraph applies to activities carried out in relation to premises referred to in paragraphs (f) to (j) of sub-paragraph (2) only if they are carried out at or in relation to times when alcoholic liquor (within the meaning of the Licensing (Scotland) Act 1976) is being sold or supplied for consumption on the premises.]

[F4 This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(f) only if they are carried out at or in relation to times when alcohol (within the meaning given by section 2 of the Licensing (Scotland) Act 2005) is being sold or supplied (in terms of section 3 of the Licensing (Scotland) Act 2005) for consumption on the premises.]

(1BB) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(k) only if they are carried out at or in relation to times when the premises are being used as a place of public entertainment (within the meaning given in section 41(2) of the Civic Government (Scotland) Act 1982).

(1BC) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(l) only if they are carried out at or in relation to times when an activity designated as mentioned in that sub-paragraph is being carried on in the premises.]

[F5 (1BD) This paragraph applies to activities carried out in relation to licensed premises in Northern Ireland only if they are carried out at or in relation to times when—

(a) intoxicating liquor (within the meaning of the Licensing (Northern Ireland) Order 1996 is being sold or supplied for consumption on the premises; or

(b) an entertainment to which paragraph 1 or 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 applies is being provided on the premises.]

(1C) This paragraph does not apply to—

[F6 (a)] activities which only involve the use of closed circuit television equipment.]

[F7 (b) activities referred to in paragraph 2(1)(b) of this Schedule and which involve the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function; or

(c) activities referred to in paragraph 2(1)(c) of this Schedule.]

(2) In this paragraph “licensed premises” means (subject to sub-paragraph (3))—

[F8 (a) any 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;

(b) any premises in respect of which a premises licence or temporary event notice has effect under that Act to authorise the provision of regulated entertainment;]

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any premises in respect of which a licence of a prescribed description under any prescribed local statutory provision is for the time being in force;

[F9 (f) [F10 any premises specified in a public house licence (within the meaning of the Licensing (Scotland) Act 1976) which is for the time being in force;]

[F10 any premises within the meaning given to “licensed premises” in section 147(1) of the Licensing (Scotland) Act 2005;]

(g) [F11 any premises specified in an hotel licence (within the meaning of that Act) which is for the time being in force;

(h) any premises specified in an entertainment licence (within the meaning of that Act) which is for the time being in force if they comprise a dance hall;

(i) any premises comprised in a place to which an occasional licence granted under section 33(1) of that Act (occasional licence for premises other than licensed premises or clubs) to the holder of a public house licence or hotel licence extends;

(j) any premises comprised in a place to which an occasional permission granted under section 34(1) of that 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;]

(k) any 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);

(l) any premises comprised in a place where an activity for the time being designated under section 44(1) of that 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.]

[F12 (m) any premises in respect of which a licence under the Licensing (Northern Ireland) Order 1996 (S.I. 1996/3158 (N.I.22)) is in force;

(n) any place in respect of which an occasional licence under that Order is in force.]

[F13 (o) any place in respect of which an entertainments licence within the meaning of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 is in force.]

[F14 (3) For the purposes of this paragraph, premises are not licensed premises—

(a) 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);

(b) in relation to any occasion on which the premises are being used—

(i) exclusively for the purposes of a club which holds a club premises certificate in respect of the premises, or

(ii) for regulated entertainment of the kind mentioned in paragraph (a), in circumstances where that use is a permitted temporary activity by virtue of Part 5 of that Act;

[F15 (ba) in relation to any occasion on which the premises are being used exclusively for the purposes of a registered club within the meaning of the Registration of Clubs (Northern Ireland) Order 1996;]

(c) [F16 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;]

[F17 (ca) in relation to any occasion on which a licence is in force in respect of the premises under the Theatres Act 1968 and the premises are being used wholly or mainly for the purposes for which the licence is required;

(cb) in relation to any occasion on which a licence is in force in respect of the premises under the Cinemas Act 1985 and the premises are being used wholly or mainly for the purposes for which such a licence is required; [F18 or]]

(cc) [F19 if the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies;[F20 or]]

[F21 (cd) in relation to any occasion on which a bingo club licence within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required;

(ce) in relation to any occasion on which a licence permitting theatrical performances is in force in respect of the premises under the Local Government (Miscellanous Provisions) (Northern Ireland) Order 1985 and the premises are being used wholly or mainly for the purposes of a theatrical performance for which the licence is required;

(cf) in relation to any occasion on which a licence within the meaning of the Cinemas (Northern Ireland) Order 1991 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required; or]

(d) in relation to any such other occasion as may be prescribed for the purposes of this sub-paragraph.]

(4) For the purposes of this paragraph the times when premises are open to the public shall be taken to include any time when they are open to a section of the public comprising the individuals who qualify for admission to the premises as the members of a particular club, association or group or otherwise as being persons to whom a particular description applies or in relation to whom particular conditions are satisfied.

(5) References in this paragraph 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.

[F22 (6) Sub-paragraphs [F23 (1A), (1B),] (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.]

Textual Amendments

F1 Words in Sch. 2 para. 8(1) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(2)

F2 Sch. 2 para. 8(1A)-(1C) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(3)

F3 Sch. 2 para. 8(1BA)-(1BC) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 5(2)

F4 Sch. 2 para. 8(1BA) substituted (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 8(2) (with art. 3)

F5 Sch. 2 para. 8(1BD) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 5

F6 Word in Sch. 2 para. 8(1C) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 5(3)(a)

F7 Sch. 2 para. 8(1C)(b)(c) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 5(3)(b)

F8 Sch. 2 para. 8(2)(a)(b) substituted for Sch. 2 para. 8(2)(a)-(d) (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(2) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F9 Sch. 2 para. 8(2)(f)-(l) added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 14(d); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F10 Sch. 2 para. 8(2)(f) substituted (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 8(3) (with art. 3)

F11 Sch. 2 para. 8(2)(g)-(j) repealed (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 2 (with art. 3)

F12 Sch. 2 para. 8(2)(m)(n) inserted (N.I.) (18.11.2009) by The Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009 (S.I. 2009/3017), arts. 1(1), 3

F13 Sch. 2 para. 8(2)(o) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 6

F14 Sch. 2 para. 8(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(3) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F15 Sch. 2 para. 8(3)(ba) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 7(2)

F16 Sch. 2 para. 8(3)(c) substituted (1.9.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(2), 5(4)

F17 Sch. 2 para. 8(3)(ca)(cb) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 5(5)

F18 Word in Sch. 2 para. 8(3)(cb) omitted (S.) (1.9.2009 at 5.00 a.m.) by virtue of The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 8(4)(a) (with art. 3)

F19 Sch. 2 para. 8(3)(cc) inserted (S.) (1.9.2009 at 5.00 a.m.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), art. 1(1), sch. 1 para. 8(4)(b) (with art. 3)

F20 Word in Sch. 2 para. 8(3)(cc) omitted (E.W.) (19.11.2009) by virtue of The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 7(3)

F21 Sch. 2 para. 8(3)(cd)-(cf) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 7(4)

F22 Sch. 2 para. 8(6) inserted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 118(4) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F23 Words in Sch. 2 para. 8(6) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 5(4)

Commencement Information

I1 Sch. 2 para. 8 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I2 Sch. 2 para. 8 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 Sch. 2 para. 8 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I4 Sch. 2 para. 8 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3