Section 9:Licence conditions
40.Subsection (1) spells out some of the types of conditions that can be prescribed by the Secretary of State in regulations under section 8(5). These relate to training, registration and insurance; the manner in which activities are to be carried out; the production and display of the licence; information that the licensee is to provide to the Authority from time to time. The Secretary of State may prescribe any other conditions he thinks fit.
41.41.Subsection (2) permits conditions to include obligations for the licensee to meet requirements or directions stipulated by the Authority. Subsection (3) makes clear that references in subsection (1) to “licensees” include persons themselves engaging in door supervisor or wheelclamping activity, as well as their employers. Subsection (4) creates an offence of contravening the conditions of a licence. The penalty for the offence is, on conviction in a magistrates’ court, up to 6 months imprisonment or a fine not exceeding level 5 on the standard scale, or both. Subsection (5) provides a defence of due diligence.
