Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th April, 2023.

The Private Security Authority, in exercise of the powers conferred on it by section 51 (as amended by section 15 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Private Security Services Act 2004 (No. 12 of 2004), with the consent of the Minister of Justice, hereby makes the following regulations:

1. These Regulations may be cited as the Private Security (Licensing and Standards) Regulations 2023.

2. These Regulations come into operation on 31st March 2023.

3. In these Regulations—

“door supervisor (event security)” means a person who, as a door supervisor, provides security services at, in or in the vicinity of any place where a public or private event or function is taking place or about to take place;

“door supervisor (licensed premises)” means a person who provides security services as a door supervisor at or in the vicinity of licensed premises;

“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:

(a) removing one or more persons from any premises or any other place in order to take possession of the premises or place,

(b) 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

(c) 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;

“installer of security equipment (access control)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices designed, constructed or adapted to control or record access by persons or vehicles to or within premises where such equipment is situated;

“installer of security equipment (cctv)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices, which through visual images, warns of, monitors or records potential or actual unauthorised entry or misconduct on or in the vicinity of premises where such equipment is situated;

“installer of security equipment (installation and maintenance of intruder alarm)” means a person who installs, maintains, repairs or services security equipment that consists of electronic or other devices which warn of an unauthorised presence or of entry or attempted entry on or in the vicinity of the premises where such equipment is situated;

“licence” means a licence of a category prescribed under Regulation 4;

“licensed premises” means—

(a) premises licensed for the sale of intoxicating liquor under the Licensing Acts 1833 to 2018,

(b) premises licensed under the Public Dance Halls Acts 1935 to 2003,

(c) premises licensed under the Gaming and Lotteries Acts 1956 to 2019,

and includes—

(i) a club registered under the Registration of Clubs Acts 1904 to 2008,

(ii) food premises, or a food stall or food vehicle, within the meaning of the Food Hygiene Regulations 1950 to 2017;

“locksmith” means a person who provides a security service installing, opening, maintaining, repairing or servicing security equipment that,

(a) consists of mechanical, electronic or other locking devices designed, constructed or adapted to prevent unauthorised access to or within premises where such equipment is situated, or

(b) consists of mechanical, electronic or other locking devices designed, constructed or adapted to prevent unauthorised access to motor vehicles,

and includes a person who in connection with the provision of the services referred to in paragraph (a) or (b),

(i) originates, duplicates or provides by copy or code restricted keys, safe keys or motor vehicle transponder keys,

(ii) gives advice relating to the installation of such equipment or advice relating to the protection of such devices from damage or interference.

“maintainer of security equipment (intruder alarm)” means a person who maintains, repairs or services electronic or other devices which warn of an unauthorised presence or of entry or attempted entry on or in the vicinity of premises where such equipment is situated but who, on and from 1 August 2006, is not an installer of security equipment (installation and maintenance of intruder alarm);

“security guard (alarm monitoring)” means a person who as a security guard monitors security equipment which consists of a continuously manned remote centre to which information concerning the status of one or more alarm systems is reported;

“security guard (cctv monitoring)” means a person who as a security guard monitors security equipment which consists of a continuously manned remote centre to which information concerning the status of one or more cctv systems is reported;

“security guard (event security)” means a person who, as a security guard, provides the security services referred to in paragraph (e) of the definition of “security guard” in section 2(1) (as amended by section 6 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Private Security Services Act 2004 (No. 12 of 2004);

“security guard (static)” means a person who as a security guard guards property for the purposes of preventing loss, damage or waste by crime, fire, carelessness or flood.

4. The following are prescribed as categories of licenses which may be granted by the Authority to a private security employer or an independent contractor—

(a) door supervisor (event security) licence,

(b) door supervisor (licensed premises) licence,

(c) enforcement guard licence,

(d) installer of security equipment (access control) licence,

(e) installer of security equipment (cctv) licence,

(f) installer of security equipment (installation and maintenance of intruder alarm) licence,

(g) locksmith licence,

(h) maintainer of security equipment (intruder alarm) licence,

(i) private investigator licence,

(j) security guard (alarm monitoring) licence,

(k) security guard (cctv monitoring) licence,

(l) security guard (event security) licence,

(m) security guard (static) licence.

5. The standards specified in column (3) at a particular reference number are prescribed as the standards to be observed in the provision of a security service by the category of licensee specified in column (2) at that reference number.

6. (1) An application for a licence of a category prescribed by Regulation 4 shall be accompanied by the appropriate fee.

(2) In this Regulation “appropriate fee” means the fee applicable to the category of licence concerned standing prescribed for the time being by regulations made under section 51 of the Private Security Services Act 2004 .

7. The following are revoked:

(a) the Private Security (Licensing and Standards) Regulations 2012 ( S.I. No.144 of 2012 );

(b) the Private Security (Licensing and Standards) (Security Guard Monitoring) Regulations 2014 (S.I. No. 190/2014);

(c) the Private Security (Licensing and Standards) (Event Security) Regulations 2014 (S.I. No. 302/2014);

(d) the Private Security (Licensing and Standards) (Private Investigator) Regulations 2015 (S.I. No. 195/2015);

(e) the Private Security (Licensing and Standards) (Locksmith) Regulations 2016 (S.I. No. 343/2016);

(f) the Private Security (Licensing and Standards) (Amendment) Regulations 2022 (S.I. No. 299/2022).

The Minister for Justice consents to the making of the foregoing Regulations.

GIVEN under my Official Seal,

30 March, 2023.

SIMON HARRIS,

Minister for Justice.

GIVEN under the seal of the Private Security Authority,

30 March, 2023.

RICHARD O’FARRELL,

Chairperson.

PAUL SCALLAN,

Chief Executive.