Private Security Industry Act 2001

Part 2 E+W Activities subject to additional controls

General E+W

7 (1) Subject to sub-paragraph (2), the activities which are referred to in this Act as activities subject to additional controls are any activities which, so far as they are designated activities, are activities to which any one or more of the following paragraphs of this Part of this Schedule applies.

(2) The Secretary of State may by order amend this Part of this Schedule for the purpose of adding or excluding any such activities as he thinks fit to or from those that fall to be regarded for the purposes of this Act as activities subject to additional controls.

(3) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by sub-paragraph (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Annotations:

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Commencement Information

I1 Sch. 2 para. 7 partly in force; Sch. 2 para. 7 not in force at Royal Assent, see s. 26(2); Sch. 2 para. 7 in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(i)

Prospective

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))—

(a) any premises in respect of which a justices’ on-licence (within the meaning of the Licensing Act 1964 (c. 26)) is for the time being in force;

(b) any premises comprised in a place to which an occasional licence (within the meaning of that Act) extends;

(c) any premises in respect of which a licence under the Private Places of Entertainment (Licensing) Act 1967 (c. 19) is for the time being in force;

(d) any premises in respect of which a licence under paragraph 1 or 4 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) or under Schedule 12 to the London Government Act 1963 (c. 33) (licensing of public entertainments) is for the time being in force;

(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.

(3) For the purposes of this paragraph premises are not licensed premises in relation to any of the following occasions—

(a) any occasion on which the premises are being used exclusively for the purposes of a club which is registered in respect of those premises under Part 2 of the Licensing Act 1964, other than an occasion on which a certificate under section 79 of that Act (music and dancing) is for the time being in force in respect of those premises;

(b) any occasion on which a Part 4 licence (within the meaning of that Act of 1964) is in force in respect of the premises (restaurants and guest houses) and they are being used wholly or mainly for the purposes by reference to which they are premises for which such a licence may be granted;

(c) any occasion on which a licence is in force in respect of the premises under the Theatres Act 1968 (c. 54);

(d) any occasion on which letters patent of the Crown make it lawful for those premises to be used for the public performance of plays without a licence under that Act of 1968;

(e) 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;

(f) any occasion on which a licence is in force in respect of the premises under the Cinemas Act 1985 (c. 13) and they are being used wholly or mainly for the purposes for which such a licence is required; or

(g) 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.

Prospective

Immobilisation of vehicles E+W

9 This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 3 of this Schedule.