S.I. No. 144/2012 - Private Security (Licensing and Standards) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th May, 2012.

The Private Security Authority, in exercise of the powers conferred on it by section 51 (as amended by section 15 of the Civil Law (Miscellaneous Provisions) Act 2011 (No.23 of 2011)) of the Private Security Services Act 2004 (No.12 of 2004), with the consent of the Minister of Justice and Equality, hereby makes the following regulations:

1. These Regulations may be cited as the Private Security (Licensing and Standards) Regulations 2012.

2. These Regulations come into operation on 10th May 2012.

3. (1) In these Regulations—

“door supervisor (licensed premises)” means a person who provides security services as a door supervisor at or in the vicinity of licensed premises;

“installer of security equipment (access control)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices designed, constructed or adapted to control or record access by persons or vehicles to or within premises where such equipment is situated;

“installer of security equipment (cctv)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices, which through visual images, warns of, monitors or records potential or actual unauthorised entry or misconduct on or in the vicinity of premises where such equipment is situated;

“installer of security equipment (installation and maintenance of intruder alarm)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices which warn of an unauthorised presence or of entry or attempted entry on or in the vicinity of the premises where such equipment is situated;

“licence” means a licence of a category prescribed under Regulation 4;

“licensed premises” means—

(a) premises licensed for the sale of intoxicating liquor under the Licensing Acts 1833 to 2011,

(b) premises licensed under the Public Dance Halls Acts 1935 to 2003,

(c) premises licensed under the Gaming and Lotteries Acts 1956 to 2003,

and includes—

(i) a club registered under the Registration of Clubs Acts 1904 to 2004,

(ii) food premises, or a food stall or food vehicle, within the meaning of the Food Hygiene Regulations 1950 to 1989;

“maintainer of security equipment (intruder alarm)” means a person who maintains, repairs or services electronic or other devices which warn of an unauthorised presence or of entry or attempted entry on or in the vicinity of premises where such equipment is situated but who, on and from 1 August 2006, is not an installer of security equipment (installation and maintenance of intruder alarm);

“security guard (monitoring centre)” means a person who as a security guard monitors security equipment which consists of a continuously manned remote centre to which information concerning the status of one or more alarm systems is reported;

“security guard (static)” means a person who as a security guard guards property for the purposes of preventing loss, damage or waste by crime, fire, carelessness or flood.

4. (1) The following are prescribed as categories of licenses which may be granted by the Authority to a private security employer or an independent contractor—

(a) door supervisor (licensed premises) licence,

(b) installer of security equipment (access control) licence,

(c) installer of security equipment (cctv) licence,

(d) installer of security equipment (installation and maintenance of intruder alarm) licence,

(e) maintainer of security equipment (intruder alarm) licence,

(f) security guard (monitoring centre) licence,

(g) security guard (static) licence.

5. (1) Subject to paragraph (2), the standards specified in column (3) of Table 1 at a particular reference number are prescribed as the standards to be observed in the provision of a security service by the category of licensee specified in column (2) of that Table at that reference number.

Table 1

(2) Where the holder of a licence of the category installer of security equipment (installation and maintenance of intruder alarm) also holds a licence of the category installer of security equipment (cctv), the standard specified in column (3) of Table 2 is prescribed as the standard to be observed in the provision of security services by the holder of such licences in relation to the service specified in column 2 of that Table

Table 2

(3) Paragraph (2) shall not apply on or after 1 October 2013.

6. (1) An application for a licence of a category prescribed by Regulation 4 shall be accompanied by the appropriate fee.

(2) In this Regulation “appropriate fee” means the fee applicable to the category of licence concerned standing prescribed for the time being by regulations made under section 51 of the Private Security Services Act 2004 .

7. The following are revoked:

(a) the Private Security (Licensing and Standards) Regulations 2005 ( S.I. No. 834 of 2005 )

(b) the Private Security (Licensing and Standards)(Amendment) Regulations 2006 (S.I. 435 of 2006), and

(c) the Private Security (Licensing and Standards) (Amendment) Regulations 2009 (S.I. 419 of 2009).

The Minister for Justice and Equality consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice and Equality,

10 May 2012.

ALAN SHATTER,

Minister for Justice and Equality.

GIVEN under the Seal of the Private Security Authority,

10 May 2012.

RONAN KING,

Chairperson.

GERALDINE LARKIN,

Chief Executive.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations prescribe categories of licence and the standards to be observed by licensees in the provision of security services under the Private Security Services Acts 2004 and 2011. These Regulations revoke S.I. 834 of 2005, S.I. 435 of 2006 and S.I. 419 of 2009.