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12 2004

Private Security Services Act 2004

PART 3

Licences to provide Security Services

Application for licence.

21. —(1) An application to the Authority for a licence to provide a security service shall be in the prescribed form and be accompanied by—

(a) the prescribed fee, and

(b) such references as to the applicant's character and competence as the Authority may require,

and shall contain such other information as may be required by the Authority.

(2) The Authority may require that the applicant's signature be witnessed by a person from within a prescribed category of persons.

(3) Without prejudice to sections 24 and 36, the Authority may—

(a) require an applicant to furnish such additional information in respect of the applicant's character, financial position and competence, and make such investigations and conduct such examinations in that regard, as it considers necessary,

(b) require verification by affidavit or otherwise of any information provided by the applicant, and

(c) require the applicant to supply a certificate by a member of the Garda Síochána not below the rank of superintendent in such form and containing such particulars in relation to the applicant as the Authority may prescribe.

(4) In this section references to the applicant's character, financial position and competence include references to the character, financial position and competence of—

(a) in the case of a body corporate, the directors, and

(b) in the case of a partnership, the partners,

and, in either case, any manager, secretary or other officer of the entity concerned.

Grant or refusal of licence.

22. —(1) Subject to subsection (3) and sections 24 and 25, the Authority may grant a licence to a person to provide a security service.

(2) When deciding whether to grant a licence the Authority shall take into account any information supplied to it under sections 21, 34 and 36.

(3) The Authority shall refuse to grant a licence if satisfied—

(a) if the applicant is an individual, that he or she:

(i) is not a fit and proper person to provide a security service,

(ii) is under 18,

(iii) does not comply with any requirement of this Act or regulations thereunder,

(iv) has not paid the prescribed fee,

(b) if the applicant is a body corporate:

(i) that any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in that capacity is not a fit and proper person to hold such a position in a body corporate which is providing a security service,

(ii) that subparagraph (iii) or (iv) of paragraph (a) applies in respect of the body corporate,

and

(c) if the applicant is a partnership, that one or more than one of subparagraphs (i) to (iv) of paragraph (a) applies or apply in respect of any of the partners.

(4) A licence, unless sooner surrendered or revoked or otherwise ceasing to be in force, shall remain in force for a period of 2 years from the date on which it is issued or for such longer period as may be prescribed.

(5) A licence—

(a) does not confer any right of property, and

(b) may not be transferred or assigned or be mortgaged, charged or otherwise encumbered.

Renewal of licence.

23. —(1) Every licence, unless it has been terminated in accordance with this Act, may, subject to sections 24, 25 and 26, be renewed from time to time by the Authority in the prescribed manner.

(2) An application for renewal of a licence shall be made within the prescribed time.

(3) If the application is not determined by the Authority before the licence expires, the licence shall continue in force until the application has been so determined.

(4) Sections 21 and 22 shall apply, with the necessary modifications, in relation to an application under this section.

Tax clearance.

24. —(1) In this section—

“Act of 1997” means the Taxes Consolidation Act 1997 ;

“Collector-General” means the Collector-General appointed under section 851 of the Act of 1997;

“person” does not include an individual who provides a security service in the course of an employment but includes—

(a) in the case of a body corporate, the directors, and

(b) in the case of a partnership, the partners;

“tax clearance certificate” means a certificate under section 1095 (as substituted by section 127(b) of the Finance Act 2002 ) of the Act of 1997.

(2) The Authority shall refuse to grant or renew a licence to or in respect of a person in relation to whom a tax clearance certificate is not in force.

(3) The Authority may nevertheless grant or renew a licence to or in respect of such a person if—

(a) the person has, at least four months before applying for the grant or renewal, applied for a tax clearance certificate and either—

(i) that application has not been determined, or

(ii) it has been refused and an appeal against the refusal has been made under section 1094(7) of the Act of 1997 but not determined,

and

(b) the Authority would, but for subsection (2), have granted or renewed the licence.

(4) The Authority shall notify the Collector-General of the issue of a licence granted or renewed under subsection (3).

(5) Such a licence shall expire—

(a) if the application for a tax clearance certificate is granted or is granted on appeal, on the day on which it would expire if the certificate had been in force when the licence was granted or renewed,

(b) if the application is refused and—

(i) an appeal against the refusal under the said section 1094(7) is not made within the period of 30 days after the refusal, on the expiration of that period, or

(ii) such an appeal is so made but is not successful, 7 days after the appeal has been determined or finally determined.

(6) The Collector-General shall notify the Authority of the determination of any such application for a tax clearance certificate, of any appeal against a refusal of such an application and of the final determination of any such appeal.

(7) The reference in subsection (3)(a)(ii) to section 1094(7) is to that provision as applied by subsection (6) of section 1095 (as substituted by section 127(b) of the Finance Act 2002 ) of the Act of 1997.

Documents to accompany certain applications.

25. —The Authority shall refuse to grant an application for a licence or for renewal of a licence—

(a) by or on behalf of a company, unless the application is accompanied by a certificate of the incorporation of the company, certified by the registrar of companies under section 370(1)(b) of the Companies Act 1963 and dated not earlier than 4 weeks before the date of the application, or

(b) by or on behalf of a person carrying on business under a name that is not that of the beneficial owner of the business, unless the application is accompanied by a copy of a certificate of registration of the person under the Registration of Business Names Act 1963 , certified in accordance with section 16(1)(b) of that Act.

Refusal to renew, suspension, etc., of licence.

26. —(1) Subject to section 27 , the Authority may—

(a) refuse to renew a licence, or

(b) at any time suspend a licence for a specified period or revoke it,

if it is satisfied on reasonable grounds that the licensee—

(i) has supplied information in or in connection with the application for the licence or its renewal that was false or misleading in a material particular,

(ii) has contravened any provision of this Act or regulations thereunder (whether or not the licensee has been convicted of an offence in relation to the contravention), or

(iii) is no longer a fit and proper person to provide a security service,

or if the Authority would not have granted the licence or renewed it if information obtained subsequent to the date of its grant or renewal had been available at that date.

(2) (a) The Authority shall—

(i) refuse to renew a licence, or at any time suspend a licence for a specified period or revoke it, if it is satisfied on reasonable grounds that the safety or welfare of any person or persons is or may be at risk from the continuance in force of the licence, and

(ii) notify the licensee of its decision.

(b) Section 27 does not apply in relation to a decision under this subsection.

(3) Without prejudice to subsection (1), if the Authority is satisfied on reasonable grounds that the licensee—

(a) has been guilty of misconduct in the course of providing a security service, or

(b) has contravened any provision of this Act or regulations thereunder (whether or not the licensee has been convicted of an offence in relation to the contravention),

it may take whichever of the following actions in relation to the licence or licensee is in its opinion appropriate in the circumstances of the case:

(i) revocation of the licence,

(ii) suspension of the licence for a specified period,

(iii) reprimand,

(iv) warning,

(v) caution,

(vi) advice.

(4) A licence which is suspended shall not be in force during the period of its suspension.

(5) A person whose licence has been suspended or revoked shall comply with any directions of the Authority in relation to delivering up to it the person's licence and identity card.

Notification to applicant of refusal, etc.

27. —(1) If the Authority proposes to—

(a) refuse to grant or renew a licence,

(b) suspend it for a specified period, or

(c) revoke it,

it shall notify the applicant or licensee of its proposal and consider any representations that are made to it in writing by the applicant or licensee within 14 days after the notification.

(2) If the Authority, having considered any such representations, decides to refuse to grant or renew a licence or to suspend or revoke it, it shall notify the applicant or licensee of the decision and the grounds for it and of the procedure for appealing against it.

Variation of licensed security service.

28. —(1) A licensee may apply to the Authority for a variation in the kind or kinds of security service to which the licence relates.

(2) Sections 21 and 22 shall apply, with the necessary modifications, in relation to the application.

Identity cards.

29. —(1) The Authority shall issue an identity card to each individual who is a licensee.

(2) Each such individual—

(a) shall have the identity card in his or her possession when providing the security service authorised by the licence, and

(b) shall, on request, produce it there and then for inspection by any person for whom the licensee is providing a security service under the licence and permit such a person to inspect it.

(3) A member of the Garda Síochána may require an individual who in the member's opinion is providing a security service to produce there and then for inspection by the member the identity card issued to the individual in connection with the grant of a licence authorising the provision of the service.

(4) An individual who produces an identity card in accordance with subsection (3) shall permit the person to whom it is produced to inspect it.

(5) Where an individual does not comply with subsection (3) or (4), the member of the Garda Síochána concerned may require the individual to give his or her name and address.

(6) The powers conferred on a member of the Garda Síochána by subsections (3) and (5) may also be exercised by an inspector.

(7) (a) In this subsection “identity card” includes an identity card or other form of identification issued by a corresponding authority.

(b) An individual shall not—

(i) produce for inspection an identity card issued to another individual, or

(ii) with intent to deceive, make or use a document purporting to be an identity card, alter an identity card or use an altered identity card.

(c) An individual who contravenes paragraph (b) is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(8) A member of the Garda Síochána may arrest without warrant—

(a) an individual who refuses to produce the identity card issued to him or her when required to do so under subsection (3) or does not permit the person to whom an identity card is produced under subsection (3) to inspect it,

(b) an individual who—

(i) does not give his or her name and address when required by a person under subsection (5) to do so, or

(ii) gives a name or address which that person reasonably believes to be false,

or

(c) an individual whom the member, with reasonable cause, suspects of having contravened subsection (7)(b).

(9) An individual who—

(a) contravenes subsection (2)(a) or (4), or

(b) does not comply with a request under subsection (2)(b) or a requirement under subsection (3) or (5),

is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(10) It is a defence in proceedings for an offence under subsection (2) or (3) for the defendant to prove that he or she had a reasonable excuse for not complying with the subsection concerned.

Identity badges.

30. —(1) An individual who is a member of a prescribed category of licensees shall, when providing a security service, wear an identity badge.

(2) An individual shall not—

(i) wear an identity badge relating to another individual, or

(ii) with intent to deceive, make or use a badge purporting to be an identity badge, alter an identity badge or use an altered identity badge.

(3) An individual who contravenes subsection (1) or (2) is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(4) It is a defence in proceedings for an offence under subsection (1) for the defendant to prove that he or she had a reasonable excuse for not complying with the subsection concerned.

(5) In this section—

“identity badge” means a badge—

(a) which clearly indicates the licence number of the licensee concerned,

(b) whose form, content and size are as prescribed for identity badges to be worn by members of the prescribed category of licensees concerned, and

(c) which, when worn, is clearly visible;

“prescribed category” means a category prescribed for the purposes of this section.

Issue of duplicate licence or identity card.

31. —The Authority, if satisfied that a licence or an identity card has been lost or destroyed, may issue a duplicate thereof on payment of the prescribed fee.

Surrender of licence.

32. —(1) Where—

(a) a licence is suspended or revoked or it expires, or

(b) a licensee ceases to provide a security service,

the licensee shall forthwith surrender to the Authority in the prescribed manner the licence and any identity card issued to the licensee.

(2) On the suspension, revocation or expiration of a licence, an inspector may seize and retain the licence and any identity card so issued.

(3) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

Register of licensees.

33. —(1) The Authority shall, as soon as may be after the commencement of this section, establish and maintain for the purposes of this Act a register of licensees to be known as the Private Security Register and which is referred to in this Act as “the Register”.

(2) The Register shall be in such form, and contain such entries and additions, as may be prescribed from time to time.

(3) The Register shall be kept at the offices of the Authority and be made available for inspection by any person free of charge during office hours.

(4) A copy of an entry in the Register shall, on request, be issued by the Authority on payment of such fee (if any), not exceeding the reasonable cost of making the copy, as may be prescribed.

(5) In any proceedings a document purporting to be a copy of such an entry and to be certified by an officer of the Authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify the document or that he or she was such an officer, be received in evidence and shall, unless the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the matters stated in it.

(6) The Authority shall cause the Register to be printed and published within one month after the establishment of the Register and annually thereafter.

(7) The Authority shall, when and as often as the Register is published, cause a copy of it to be furnished to every Garda station as soon as may be, and the copy shall be available for inspection at those stations by any person during normal business hours.

Provision of information by Garda Síochána.

34. —(1) The Authority may request the Commissioner of the Garda Síochána to provide any information requisite for the due performance of its functions in relation to any applicant for a licence or any licensee.

(2) Notwithstanding anything contained in any enactment, the Commissioner shall comply with any such request.

Production or display of licence.

35. Section 29 shall have effect in relation to possessing a licence or producing it for inspection as it does in relation to possessing or so producing an identity card, with the modification that, where the licensee is a company, it shall be sufficient compliance with subsections (2)(b) and (3), as so applied, of that section if the licence—

(a) is kept in the company's registered office,

(b) is displayed in a conspicuous place there, and

(c) is available for inspection on request by a member of the Garda Síochána, an inspector or any person for whom the licensee is providing a security service,

and with any other necessary modifications.

Notification of conviction of offence.

36. —(1) An applicant for a licence, or a licensee, who has been convicted of an offence (other than a prescribed offence), or against whom proceedings for such an offence are pending, under the law of the State or another state shall notify the Authority of the conviction or proceedings in the prescribed manner within the prescribed period and supply the Authority with the prescribed particulars thereof.

(2) A licensee shall, within the prescribed period, report to the Authority such other matter as may be prescribed.

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(4) A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of an applicant or a licensee who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

Prohibition of unlicensed security service.

37. —(1) A private security employer or an individual referred to in any of the paragraphs of the definition of “security service” in section 2 (1) shall not, on or after the commencement of the paragraph concerned, provide a security service or hold himself or herself out or represent himself or herself by—

(a) advertisement,

(b) displaying any shield, card or other object purporting to indicate that he or she is a licensee, or

(c) otherwise,

as available to provide such a service unless the individual is the holder of a licence under this Act authorising him or her to provide that particular service.

(2) Subsection (1) applies, with the necessary modifications, in relation to a body corporate and an unincorporated body of persons as it applies in relation to an individual.

(3) A person who contravenes subsection (1) is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

Prohibition of employment of unlicensed person.

38. —(1) A person shall not employ a person, or engage an independent contractor, to provide a security service if that person or the contractor is required to, but does not, hold a licence to provide the service.

(2) A person who contravenes subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(3) In any proceedings for a contravention of subsection (1) it is a defence to prove that the person providing the security service produced to the defendant—

(a) if the person is an individual, his or her identity card or licence, or

(b) if not, the person's licence.