Private Security Services

Security Services

A “security service” means a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor (but, except in the case of a door supervisor or security guard, does not include a service provided by a person whose principal function is to provide it only for the person’s employer):

• door supervisor,
• installer of security equipment,
• private investigator,
• security consultant,
• security guard,
• provider of protected forms of transport,
• locksmith,
• supplier or installer of safes,
• enforcement guard.

Exceptions

The Private Security Services Act does not apply to relevant persons or to—

• a member of the Garda Síochána,
• a member of the Defence Forces,
• a member of a company’s harbour police within the meaning of section 54 of the Harbours Act 1996,
• an authorised officer, or authorised person, within the meaning of the Air Navigation and Transport Acts 1936 to 1998,
• an officer or employee of a Government department or State agency,
• a person employed as apprentice by a person providing a security service, or
• a person appointed by a county registrar or sheriff for the execution of a certificate under section 960L of the Taxes Consolidation Act 1997,

while carrying out the duties of his or her office or employment or to a person employed as a resident caretaker who keeps property under surveillance only as an incidental part of the duties of his or her employment.

The Authority may by order exempt from any or all of the provisions of the Act persons providing security services or security services of a particular class at a specified place, event or function or specified class of place, event or function or in connection with a visit to the State by a specified person where in its opinion, by reason of the size of the expected attendance or other exceptional circumstances, it would not otherwise be reasonably practicable to provide the requisite level of security services there.

Door Supervisor

“door supervisor” means a person who for remuneration, as part of his or her duties, performs any of the following functions at, in or in the vicinity of any premises or any other place where a public or private event or function is taking place or is about to take place:

• controlling, supervising, regulating or restricting entry to the premises or place,
• controlling or monitoring the behaviour of persons therein,
• removing persons therefrom because of their behaviour;

Enforcement Guard

“enforcement guard” means a person other than a sheriff, county registrar or court messenger who for remuneration, as part of his or her duties, is authorised to perform any of the following functions:

• removing one or more persons from any premises or any other place in order to take possession of the premises or place,
• controlling, supervising or restricting entry by one or more persons to any premises or any other place in order to take possession of the premises or place, or
• seizing goods or other property in lieu of an outstanding debt,

which said authorisation is conferred by or under an enactment, pursuant to a court order, in accordance with an agreement or a consent, pursuant to a contract, or otherwise in accordance with the law;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;

“identity badge” has the meaning given to it by section 30; “identity card” means a card issued;

“inspector” has the meaning given to it by section 14;

Security Equipment Installers

“installer of security equipment” means a person—

• in the course of a business, trade or profession, installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to give warning of, or monitor or record unauthorised entry or misconduct on or in the vicinity of premises,
• in the course of a business, trade or profession, installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to control or record access by persons or vehicles to or within premises by means of—
  • personal identity verification, including by means of biometrics,
  • vehicle identification,
  • numerical codes,
  • alphabetical codes,
  • access or other card management, or
  • electronic key management,
  • or any combination of such means,

and includes a person who in connection with the provision of services referred to gives advice relating to the installation of such equipment or advice relating to the protection of such devices from damage or interference;

Private Investigator

“private investigator” means a person who in the course of a business, trade or profession, conducts investigations into matters on behalf of a client and includes a person who—

• obtains or furnishes information in relation to the personal character, actions or occupation of a person or to the character or kind of business in which a person is engaged, or
• searches for missing persons;

“private security employer” means a person who employs persons whose principal function is to provide security services for persons other than the employer;

“Register” means the Private Security Register established under section 33; “relevant person” has the meaning given to it by section 42;

“remuneration” includes a benefit in kind but does not include any meal or refreshment provided in connection with the performance of a service;

Security Guard & Consultation

“security guard” means a person who for remuneration guards or patrols or provides any other protective services in relation to persons or property and includes a person who for those purposes—

provides those services exclusively for an employer who is not a private security employer,

• monitors security equipment,
• supervises and inspects security guards while they are guarding or patrolling,
• accompanies a guard dog while the dog is guarding or patrolling, or
• controls, supervises, regulates, restricts or directs the movements of persons, whether in vehicles or otherwise, in relation to any premises or any other place ere a public or private event or function is taking place or about to take place.

“security consultant” means a person who in the course of a business, trade or profession, advises on methods of protecting property, including information recorded in non-legible form, from vandalism, intrusion, trespass, theft or from being otherwise damaged or interfered with but does not include—

• a person who advises on such methods in the ordinary course of carrying out an audit, or
• an installer of security equipment;