Do You Need an SIA Licence

10 February 2010

Whether or not an individual undertaking a particular activity is licensable will always depend on the activity itself and the circumstances in which it is undertaken.

Ultimately it will be for the courts to decide if an activity is licensable, but the SIA aim to avoid such circumstances by providing advice in good faith. However, only those directly involved are aware of the full facts of the activity being undertaken, and if they are in any doubt as to whether a licence is required to carry out that activity legally they are advised to seek independent legal advice. The Private Security Industry Act 2001 (PSIA) defines guarding activity as � guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage. � guarding property against destruction or damage, against otherwise being stolen or against being otherwise dishonestly taken or obtained. � guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others. Where this activity is carried out in relation to a licensed premise a Door Supervisor licence is required. The PSIA also allows that the activities of an individual who exercises control over the persons allowed access to any premises, to the extent of only securing, or checking, that persons allowed access have paid for admission, or have invitations or passes allowing admission, will not be licensable. If the individuals concerned only undertake this activity they may not be licensable; if however they undertake other guarding activities they may be licensable. In specifically considering individuals involved in a licensed premise as a director of the company or as a sole trader running that premise we have drawn up the following guidance. This guidance is intended to give an indication as to whether a licence may or may not be required, it has no legal status. The actual legislation should be referred to.