Made | 13th March 2007 | ||
Laid before Parliament | 16th March 2007 | ||
Coming into force | 6th April 2007 |
(2) "Category of licensable activity" means any one of the following—
including the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, for purposes other than identifying a trespasser or protecting property ("Public Space Surveillance (CCTV)");
(e) activity to which paragraph 2 of Schedule 2 to the 2001 Act applies, to which paragraph 8 of that Schedule does not apply, which may be carried out in relation to any premises including licensed premises within the meaning of paragraph 8 of that Schedule and which does not fall within sub-paragraphs (a) to (d) ("Security Guard");
(f) activity to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies ("Vehicle Immobiliser"); or
(g) activity to which paragraph 6 of Schedule 2 to the 2001 Act applies ("Keyholder").
Application form to engage in licensable conduct
3.
The form set out in Schedule 1, or a form to the like effect, is prescribed for the purposes of section 8(2)(a) of the 2001 Act (form of application for the grant of a licence).
Form of licence to engage in licensable conduct
4.
—(1) The following forms of licence are prescribed for the purposes of section 8(5)(a) of the 2001 Act (form of licence to engage in any description of licensable conduct).
(2) The form set out in Schedule 2, or a form to the like effect, is prescribed in the case of a person who engages in front line licensable conduct which involves the carrying out of any of the activities specified in paragraph (4)(a), (b), (c) or (e).
(3) The form set out in Schedule 3, or a form to the like effect, is prescribed in the case of a person—
(4) The activities specified for the purposes of this paragraph are activities which fall within the following paragraphs of Schedule 2 to the 2001 Act—
Licence conditions
5.
—(1) A licence granted by the Authority to a person to engage in front line licensable conduct which involves the carrying out of any of the activities specified in regulation 4(4)(a), (b), (c) or (e) shall be subject to all the conditions set out in paragraph (3).
(2) A licence granted by the Authority to a person to engage in—
which does not fall within paragraph (1), shall be subject to the conditions set out in paragraph (3)(b) to (i).
(3) The conditions specified for the purposes of this paragraph are—
(b) the licensee shall notify the Authority and the police as soon as practicable if he discovers that the licence has been lost or stolen;
(c) the licensee shall return the licence to the Authority if the Authority so requests;
(d) the licensee shall notify the Authority as soon as practicable if he receives any conviction or caution, or if he is charged, for an offence identified as a relevant offence for the purposes of this regulation by the Authority in the licensing criteria published under section 7 of the 2001 Act (licensing criteria);
(e) the licensee shall notify the Authority as soon as practicable of any change in his name or address;
(f) the licensee shall produce his licence for inspection on the request of any constable, any member or employee of the Authority or other person so authorised by a direction of the Authority;
(g) the licensee shall not deface or alter his licence and shall not display a licence which has been defaced or altered;
(h) the licensee shall notify the Authority as soon as practicable of any change to his right to remain or work in the United Kingdom;
(i) where the licence has been granted to any extent in reliance on the validity of a qualification or licence gained outside the United Kingdom—
(4) This paragraph applies on any occasion where the licensee—
Additional conditions for front line licences for the immobilisation, restriction, removal of vehicles
6.
—(1) The granting of a licence to a person to engage in front line licensable conduct which involves the carrying out of any activities specified in regulation 4(4)(b) or (c) (immobilisation, restriction and removal of vehicles) shall be subject to the conditions specified in paragraph (2).
(2) The conditions specified for the purposes of this paragraph are—
(3) The information specified for the purposes of this paragraph is—
(4) In this regulation—
Scope of licence
7.
—(1) A licensee who holds a licence to engage in front line licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in non-front line licensable conduct which involves the carrying out of the same category of licensable activity.
(2) A licensee who holds a licence to engage in front line licensable conduct which involves the carrying out of a category of licensable activity listed in column 1 of table 1 may also under that same licence engage in any licensable conduct which involves the carrying out of a category of licensable activity, or activities of a particular description falling within a category of licensable activity, listed in the corresponding entry in column 2 of that table.
(3) A licensee who holds a licence to engage in non-front line licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in non-front line licensable conduct which involves the carrying out of any other category of licensable activity.
(4) A licensee who holds a licence to engage in any category of licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in any licensable conduct which involves the carrying out of any of the activities which fall within paragraph 6 of Schedule 2 to the 2001 Act (keyholding).
Table 1
Column 1
Column 2
door supervisor
security guard
close protection
security guard or door supervisor
public space surveillance (CCTV)
activities involving the use of CCTV equipment which fall within the security guard category of licensable activity
Fee to be paid on application for licence
8.
—(1) Subject to paragraph (2), the fee to be paid on application for the grant of a licence is prescribed as £245.
(2) Where a licensee is granted a licence (licence B) at any time when a previous licence granted to him (licence A) remains valid for a period of at least four months, the licensee may apply for a refund of 50% of the licence fee payable on application for licence B where the conditions specified in paragraph (3) are satisfied.
(3) The conditions specified for the purposes of this paragraph are—
(a) no refund under paragraph (2) has previously been granted to the licensee in respect of the application for licence A;
(b) licence B does not relate to any activities to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies; and
(c) licence B does not relate to the same category of licensable activity as licence A.
Transitional provision
9.
The fee prescribed in regulation 8(1) applies to any application for the grant of a licence which is received by the Authority on or after 6th April 2007.
Revocations
10.
—(1) The instruments listed in paragraph (2) are revoked.
(2) Those instruments are—
Vernon Coaker
Parliamentary Under-Secretary of State
Home Office
13th March 2007
[2] Section 24(4) of the 2001 Act has been amended by paragraph 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005.back
[3] Paragraph 3 of Schedule 2 to the 2001 Act has been amended by paragraphs 1 and 14 of Schedule 15 to the Serious Organised Crime and Police Act 2005, S.I. 2005/224 and S.I. 2006/1831.back
[4] Paragraph 3A of Schedule 2 to the 2001 Act was inserted by S.I. 2005/224 and has been amended by S.I. 2006/1831.back
[5] Paragraph 2 of Schedule 2 to the 2001 Act has been amended by S.I. 2006/1831.back
[6] Paragraph 8 of Schedule 2 to the 2001 Act has been amended by paragraph 118 of Schedule 6 to the Licensing Act 2003 (c. 17), paragraph 14(d) of Schedule 15 to the Serious Organised Crime and Police Act 2005 and S.I. 2006/1831.back
[7] 1960 c. 16. Section 253(5) has been amended by S.I. 1981/1373.back
[8] 1970 c. 44. Section 21 has been amended by the: Local Government Act 1972 (c. 70); Transport Act 1982 (c. 49); Road Traffic Regulation Act 1984 (c. 27); Local Government Act 1985 (c. 51); Road Traffic Act 1991 (c. 40); Local Government (Wales) Act 1994 (c. 19); Local Government (Scotland) Act 1994; Transport (Scotland) Act 2001; the Traffic Management Act 2004 (c. 18); the Disability Discrimination Act 2005 (c. 13); and Transport (Scotland) Act 2005. The amendments made by the Disability Discrimination Act 2005 are only in force in relation to England and those made by the Transport (Scotland) Act 2005 are not yet in force.back
[9] S.I. 1989/1796. Regulation 3(2) has been amended by S.I. 1994/2280 and S.I. 1994/2567.back
[10] S.I. 2004/255; which has been amended by S.I. 2005/237; S.I. 2005/2118; and S.I. 2006/3410.back