Licence requirement

Exemptions from licensing requirement
4
1
If—
a
it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements will apply, and
b
the Secretary of State is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under this Act,
then he may by regulations prescribing those circumstances provide that a person shall not be guilty of an offence under section 3 in respect of any conduct engaged in by him in those circumstances.
2
The provision that may be made by regulations under subsection (1) includes provision that a person is not to be guilty of an offence in respect of any conduct which is engaged in by him in the course of his employment by, or otherwise under the direction of, a person who is certified by the Authority in accordance with the regulations to be a person who the Authority is satisfied will secure that suitable alternative arrangements apply.
3
In subsections (1) and (2) references to suitable alternative arrangements are references to arrangements that the Secretary of State or, as the case may be, the Authority is satisfied are equivalent, for all practical purposes so far as the protection of the public is concerned, to those applying to persons applying for and granted licences.
3A
In the application of this section to Northern Ireland—
a
the reference in subsection (2)(c) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland; but
b
before making any order under subsection (2)(c) the Department of Justice in Northern Ireland must consult the Secretary of State.
4
A person shall not be guilty of an offence under section 3 in respect of any activities of his as a security operative if—
a
he carries out those activities in his capacity as the director of a body corporate, the partner of any firm or the employee of any person;
b
he has applied to the Authority for the grant of a licence and that application is pending;
c
the licence applied for would authorise him to carry out those activities and is not one he has previously been refused;
d
the body, firm or, as the case may be, the employer is a person who is for the time being registered under section 14 as an approved provider of security industry services; and
e
the Authority has given notice to the body, firm or employer that it has authorised that body, firm or employer to use directors, partners or employees whose applications are pending to carry out activities that consist in or include those activities.
5
Subsection (4) shall apply in the case of a person who carries out activities under directions given by or on behalf of another person in pursuance of a contract for the supply of the services of the first person as if the first person were an employee of the other one.
6
A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.
7
An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if—
a
it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and
b
that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view.
8
In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises.
9
In this section “
a relevant employee
”, in relation to a certified sports ground or certified sports stand, means a person employed by—
a
the holder of its safety certificate;
b
a person who manages the ground or stand or occupies the premises where it is or owns an interest in those premises;
c
a company which is in the same group as a company falling within paragraph (b).
10
In this section a reference to the use of a certified sports ground for purposes for which the safety certificate has effect is a reference to—
a
the use of the ground for activities specified in a general safety certificate in force in respect of the use of that ground; or
b
the use of the ground, on an occasion specified in a special safety certificate which is so in force, for activities specified in that certificate.
11
In this section a reference to the use of a certified sports stand for purposes for which the safety certificate has effect is a reference to—
a
the use of the stand for viewing activities specified in a general safety certificate in force in respect of the use of that stand; or
b
the use of the stand, on an occasion specified in a special safety certificate which is so in force, for viewing activities specified in that certificate.
12
In this section—
- “
certified sports ground
” means a sports ground in respect of which a safety certificate is in force;
- “
certified sports stand
” means a sports stand in respect of which a safety certificate is in force;
- “
company
”, “
holding company
” and “
subsidiary
” have the same meanings as in
section 1159 of the Companies Act 2006
;
- “
group
”, in relation to a company, means a holding company and all of its subsidiaries;
- “safety certificate”, “general safety certificate” and “special safety certificate”—
  1. in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and
  2. in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act);
- “
sports ground
” has the same meaning as in that Act of 1975 (see section 17(1) of that Act);
- “
sports stand
” means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act);
- “
visiting team
”, in relation to a certified sports ground (“the home ground”) or a certified sports stand contained in any premises (“the home premises”) means a team which uses as its base, or as one of its bases, any premises which are either—
  1. a certified sports ground which is not the home ground (“the visitors' ground”); or
  2. premises which are not the home premises and which contain a certified sports stand (“the visitors' premises”);
- “visitors' ground” and “
visitors' premises
”, in relation to a visiting team, have the meanings given by the previous definition.
13
In its application to Northern Ireland subsection (12) has effect as if—
a
for the definitions of “safety certificate”, “general safety certificate” and “special safety certificate” there were substituted—
“ safety certificate ”
,
“ general safety certificate ”
and
“ special safety certificate ”
1. in relation to a sports ground, have the same meanings as in Part 2 of the Safety of Sports Grounds (Northern Ireland) Order 2006 (
S.I.
2006/313 (N.I. 2) (“
the 2006 Order
”)) (see Article 3 of that Order);
2. in relation to a sports stand, have the same meanings as in Part 3 of the 2006 Order (see Article 12(1) of that Order);
,
b
for the definition of “sports ground” there were substituted—
“
sports ground
” has the same meaning as in the 2006 Order (see Article 2(2) of that Order);
, and
c
for the definition of “sports stand” there were substituted—
“
sports stand
” means a stand within the meaning of Part 3 of the 2006 Order (see Article 12 of that Order);
.
S. 4(1)-(3) in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(b)
S. 4(1)-(3) in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(b)
S. 4(4)(5) in force at 1.2.2004 by S.I. 2003/2710, art. 3(b)
S. 4 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)
S. 4(6)-(12) inserted (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), s. 63
S. 4 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3
S. 4 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3
Words in s. 4(12) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 188(2) (with art. 10)
S. 4(13) inserted (N.I.) (18.11.2009) by The Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009 (S.I. 2009/3017), arts. 1(1), 2
S. 4(3A) inserted by 2010 c. 17 s. 42(2) (as inserted) (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 22(3)(a) (with arts. 24-28)