Private Security Industry Act 2001

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

8 (1) This paragraph applies 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.

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

[F1 (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;]

(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.

[F2 (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;

(c) in relation to any occasion on which a licence is in force in respect of the premises under the Gaming Act 1968 (c. 65) and the premises are being used wholly or mainly for the purposes of gaming to which Part 2 of that Act applies; 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.

[F3 (6) Sub-paragraphs (2)(a) and (b) and (3)(a) and (b) are to be construed in accordance with the Licensing Act 2003.]

Textual Amendments

F1 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)

F2 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)

F3 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)

Commencement Information

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