Security Guards and Their Licenses

It is a question I am commonly asked so lets clarify the position once and for all and use the legislation to show it.

Do security guards have to display their badges at all times or can they remove them and simply say they are SIA accredited? actually they do have to wear their badge at all times and it must be clearly displayed so everyone can see it they are SIA accredited and insured security guards and that they have received the appropriate training to achieve this status and that a member of the public who needs to report an incident to an approved SIA accredited security guard can do so and not report something to the nearest person wearing a Hi Viz jacket.

Only two people can demand to see an SIA accredited security guards license and that is a police constable and a member of the SIA themselves, but as they must be on display at all times when they are undertaking SIA approved activities anyone should be able to see them. Lets take a look at the legislation:

9 Licence conditions

(1)The power of the Secretary of State to prescribe the conditions on which a licence must be granted and the power of the Authority to impose additional conditions for such a licence shall include power to prescribe or impose—

(a)conditions containing requirements as to the training, registration and insurances which the licensee is to undergo, or to maintain, while the licence remains in force;

(b)conditions as to the manner in which the licensee is to carry out specified activities of a security operative that he is licensed to carry out;

(c)conditions imposing obligations as to the production and display of the licence;

(d)conditions imposing obligations as to the information to be provided from time to time by the licensee to the Authority; and

(e)such other conditions (whether or not relating to the criteria that would be applied by the Authority in determining whether to grant the licence) as the Secretary of State or the Authority thinks fit.

(2)The conditions that may be prescribed or imposed in relation to any description of licence may include conditions imposing obligations on a licensee by reference to requirements made or directions given by the Authority.

[F1(2D)The Secretary of State must consult the Department of Justice in Northern Ireland before approving a nomination under subsection (2B) affecting persons carrying out activities in Northern Ireland.]

(3)In relation to a licence authorising licensable conduct falling within subsection (2)(g) of section 3, the references in subsection (1) of this section to the licensee include references to any of his employees who carry out any designated activities subject to additional controls.

(4)Any person who contravenes the conditions of any licence granted to him shall be guilty of an offence and liable, on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(5)In proceedings against any person for an offence under subsection (4) it shall be a defence for that person to show that he exercised all due diligence to avoid a contravention of the conditions of the licence.

Now we can see the actual legislation and section 9 c clearly shows the conditions for the display of the licence are down to "the authority" and they are laid down in law and any failure to follow the authority of the SIA requirements is actually a criminal offence under this legislation.
Lets look at the conditions the SIA imposes and remind ourselves that they are legally binding on ALL SIA staff working in security roles.



SIA licences are issued subject to the conditions listed below.
The penalties for breaching the conditions of your SIA licence

If you breach these conditions we may:

   issue you with a written warning, which can be taken into account in future licensing or enforcement decisions
   revoke or suspend your licence
   prosecute you - contravening licence conditions is a criminal offence under Section 9 of the Private Security Industry Act 2001

If you hold a front line licence

The conditions of this licence are:

   you must wear your licence where it can be seen at all times when engaging in designated licensable activity unless:
       you have reported it lost or stolen
       it is in our possession
       the work you are doing requires that you not be identifiable as a licensed operative (see covert activity below)
   you must tell us and the police if your licence is lost or stolen
   you must return your licence to us if you are asked to do so
   you must tell us if you receive any conviction or caution, or are charged, for an offence identified as a relevant offence in our licensing criteria
   you must tell us if any public body is investigating you for any relevant offence
   you must tell us of any changes to your name or address
   you must produce your licence for inspection on the request of any constable, any member or employee of the SIA or other person authorised by us
   you must not deface or change your licence in any way (if your licence is damaged you should tell us and request a replacement)
   you must not wear a licence that has been defaced or altered in any way
   you must tell us of any change to your right to remain or work in the UK
   where we have granted your licence on the basis of a qualification or licence gained outside the United Kingdom:
       you must tell us of any changes to the validity of that qualification or licence
       you must tell us of any disciplinary action taken or proposed to be taken against you in connection with that qualification or licence

Basically it is very simple, of they aren't wearing their license so it is visible to the public then they are NOT SIA accredited security guards and they are NOT covered by the SIA insurance and cannot be acting as a security guard in the UK and have about as much authority as a used tea bag; some still have about the same brain power as a used tea bag. They cannot be doormen at pubs and clubs as most councils insist on SIA accredited security working as doormen and if they lay hands on you then they are just the average citizen who has just assaulted you and you bring a claim against them in their private capacity and not through their SIA insurers.