Security Licensing

Table of Contents

Application for licence

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

the prescribed fee, and
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.

The Authority may require that the applicant’s signature be witnessed by a person from within a prescribed category of persons. The Authority may—

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,
require the applicant to furnish particulars of every person who, in a case in which the applicant is a company, is the beneficial owner of more than 5 per cent of the share capital of the company,
require verification by affidavit or otherwise of any information provided by the applicant, and
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.

References to the applicant’s character, financial position and competence include references to the character, financial position and competence of—

in the case of a body corporate, 4the shareholders to whom subsection (3)(ab) refers and the directors, and
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.

The Authority may grant a licence to a person to provide a security service. When deciding whether to grant a licence the Authority shall take into account any information supplied to it

The Authority shall refuse to grant a licence if satisfied—if the applicant is an individual, that he or she:

is not a fit and proper person to provide a security service,
is under 18,
does not comply with any requirement of the Act or regulations thereunder,
has not paid the prescribed fee,

if the applicant is a body corporate:

that any director, shareholder to whom section 21(3)(ab) refers, 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,

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. A licence—

does not confer any right of property, and
may not be transferred or assigned or be mortgaged, charged or otherwise encumbered.

Renewal of licence.

Every licence, unless it has been terminated in accordance with this Act, may be renewed from time to time by the Authority. An application for the renewal of a licence shall be made in accordance.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.

Tax clearance.

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.

The Authority may nevertheless grant or renew a licence to or in respect of such a person if the person has, at least four months before applying for the grant or renewal, applied for a tax clearance certificate and either—that application has not been determined, or 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, the Authority would, otherwise, have granted or renewed the licence.

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

The Authority may 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—

if the licensee is an individual, that he or she—
- 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,
- has contravened any provision of the Act or regulations thereunder (whether or not the licensee has been convicted of an offence in relation to the contravention),
- is no longer a fit and proper person to provide a security service, or
- has not paid the prescribed fee,
if the licensee is a body corporate—
- that any director, shareholder to whom the provision refers, 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, or
- that subparagraph (I), (II) or (IV) of paragraph (i) applies in respect of the body corporate, or
- if the licensee is a partnership, that one or more than one of subparagraphs

The Authority shall—

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
notify the licensee of its decision.

If the Authority is satisfied on reasonable grounds that the licensee—

has been guilty of misconduct in the course of providing a security service, or
has contravened any provision of the 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:

revocation of the licence,
suspension of the licence for a specified period,
reprimand,
warning,
caution,

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

If the Authority proposes to—

refuse to grant or renew a licence,
suspend it for a specified period, or
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.

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.

Temporary licence.

Where the Authority has received an application for a licence and, having considered the application it is satisfied that—

the requirements of the Act and any regulations relating to licence applications made have been complied with (otherwise than as respects the competence of the applicant to provide the security service to which the application relates), and
it is appropriate to grant a temporary licence to the applicant to enable the applicant to display the necessary competence to provide security services of a type to which the application for a licence relates,

the Authority may grant a temporary licence for a period not exceeding 6 months to enable the applicant to satisfy the Authority that the applicant has the necessary competence to provide security services of a type to which the application relates.

Where the Authority has granted a temporary licence under this section and the Authority is satisfied that exceptional circumstances exist, the Authority may extend the term of such licence by a period not exceeding 3 months. The Authority may, in respect of a particular licensee, exercise its power once only.

Variation of licensed security service.

A licensee may apply to the Authority for a variation in the kind or kinds of security service to which the licence relates. The application provisions apply, with the necessary modifications, in relation to the application.

Identity cards.

The Authority shall issue an identity card to each individual who is a licensee.

Each such individual—

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

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.

An individual who produces an identity card shall permit the person to whom it is produced to inspect it. Where an individual does not comply the member of the Garda Síochána concerned may require the individual to give his or her name and address.

The powers conferred on a member of the Garda Síochánamay also be exercised by an inspector.

An “identity card” includes an identity card or other form of identification issued by a corresponding authority. An individual shall not—

produce for inspection an identity card issued to another individual, or
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.

An individual who contravenes this provision is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

A member of the Garda Síochána may arrest without warrant—

an individual who refuses to produce the identity card issued to him or her when required to do so or does not permit the person to whom an identity card is produced to inspect it,
an individual who does not give his or her name and address when required to do so, or gives a name or address which that person reasonably believes to be false, or an individual whom the member, with reasonable cause, suspects of having contravened the above.

An individual who contravenes the above or does not comply with a request or a requirement is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

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

Identity badges

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

An individual shall not wear an identity badge relating to another individual, or 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.

An individual who contravenes this requirement is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both. It is a defence in proceedings for an offence for the defendant to prove that he or she had a reasonable excuse for not complying with the subsection concerned.

Issue of duplicate licence or identity card.

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.

Where—

a licence is suspended or revoked or it expires, or
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.

On the suspension, revocation or expiration of a licence, an inspector may seize and retain the licence and any identity card so issued. A person who contravenes this obligation is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

Register of licensees.

The Authority shall, as soon as may be after the commencement of this section, establish and maintain for the purposes of the Act a register of licensees to be known as the Private Security Register and which is referred to in the Act as “the Register”. The Register shall be in such form, and contain such entries and additions, as may be prescribed from time to time.

The Authority shall make the Register available for inspection free of charge by members of the public—

at the offices of the Authority during normal working hours, and
on its internet website in such a manner that the section of that website which contains the Register is readily accessible by members of the public.

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.

Interpretation.

A “corresponding authority” means an authority in a member state of the European Communities which—

has functions that substantially correspond to those of the Authority, and
is designated by the Authority as such an authority; “relevant person” means a person who or which—
- holds from a corresponding authority a licence or other form of authorisation that is in force and that authorises the person to provide a security service that corresponds to a security service provided by one of the persons mentioned in the definition of “security service”
- proposes to provide or is providing that security service in the State, and
- is not prohibited by the Authority from providing such a security service.

Application of Act to relevant persons.

For the purposes of controlling and supervising relevant persons in the interests of the protection of the public and investigating and adjudicating on any complaints against them the Act shall have effect in relation to such persons with the modifications specified in Schedule 3 and with any other necessary modifications.

Prior notification by relevant person of conviction or criminal proceedings.

A relevant person 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, before providing a security service in the State, notify the Authority in the prescribed manner of the conviction or proceedings and supply the Authority with prescribed particulars thereof.

On receiving the notification or becoming otherwise aware of the conviction or proceedings the Authority may, if in its opinion the relevant person is not a fit and proper person to provide a security service in the State, prohibit the person from providing such a security service or so prohibit the person for a specified period.

A relevant person who contravenes or who provides a security service in contravention of a prohibition 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.

A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of a person 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 relevant person from providing security service.

The Authority may at any time, if satisfied on reasonable grounds that a relevant person is not or no longer a fit and proper person to provide a security service in the State, prohibit the person from providing such a security service or so prohibit the person for a specified period.

Relations with corresponding authorities.

The Authority shall notify the corresponding authority concerned of—

any action taken by the Authority in relation to a relevant person,
the taking of any appeal by such a person and the result of any such appeal or any subsequent proceedings, and
any offence under the Act committed by a relevant person.

The Authority shall collaborate with and assist corresponding authorities with a view to promoting the effective performance by the Authority and those authorities of their functions in relation to relevant persons.

Effect of revocation or suspension of relevant person’s licence or other authorisation.

If a licence or other form of authorisation issued by a corresponding authority to a relevant person is revoked or suspended by it—

this Part and Schedule 3 shall cease to have effect in relation to that person, and
the relevant person shall be treated as a person who is not the holder of a licence,

with effect from the date of revocation or during the period of suspension.