Irish Legislation: Role of Door Security Personnel

Introduction

Traditionally Door Security was a sector in its own right. The PSA have more clearly defined Door Security as those contractors or individuals providing security services on a licenced premises. In this assignment I will be discussing some different Acts and Legislation relative to Door/Event Security. So many of these pieces are most important to DSP in the conduction of their duties within the law and delivery of safe places of work and positive customer service.

Section A

Selection of Legislation / Acts

Intoxicating Liquor Acts & Amendments

No matter what the occasion or reason, the areas where intoxicating liquor is consumed as part of a bar sale [excluding off licence sales] are deemed to be part of the bar area and as such will fall under the Door Security licence category. Under the Intoxicating Liquor Act 2008, the Gardaí have the power to seize alcohol in the possession of a child under 18 years of age where the Gardaí have reasonable cause to believe that the alcohol will be consumed by a child under 18 years in a public place.

Private Security Services Act 2004

These Regulations deliver categories of licence and the standards to be observed by contractors and individuals in the provision of security services. They refer to the licensing of contractors in the Door/Event Supervisor, Installer of Intruder Alarm and Security Guard (Monitoring Centre and Static) sectors.

This Act encompasses all areas of licencing from issuing to revoking and investigations for both contractors and individuals.

Employment Equality Acts 1998 and 2004 Equality legislation now covers employment as well as the provision of goods and services, including education. An employer must not discriminate against an employee or prospective employee Their main aim is to promote equality by forbidding discrimination in employment, vocational training, advertising, collective agreements and the provision of goods and services.

 The Misuses of Drugs Act 2015

The main purpose of the Act is to prevent the misuse of controlled drugs and this is accomplished by imposing a complete ban on the possession, supply, manufacture, import and export of controlled drugs except as allowed by regulations or by licence from the Secretary of State. Drug misuse can be explained as the use of a substance for a purpose not consistent with legal or for medical reasons.             

 Safety, Health & Welfare at Work Act 2005

This Act, which replaces all previous legislation from 1998. of the This act sets out the broad framework of obligations and responsibilities imposed on employers and employees in the workplace in Ireland. The Act obliges employers to do everything reasonably practicable to ensure the safety, welfare and health of his employees. This includes temporary employees, visitors and the general public while in the workplace.

SECTION B

Fire Services Act 1981 / 2003

This Act places the responsibility on the owner or occupiers of a building to ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire whether such outbreak has occurred or not. They must make sure people can safely escape if there is a fire. A fire risk assessment most be in place and adequate training provided with use fire drills and equipment use. DSP are responsible for patrolling for fire safety and reporting any faulty fire equipment.

Public Health [Tobacco] Act. Smoking Ban Regulations 2004

The Act was amended by the Public Health (Tobacco) (Amendment) Act 2004, which mandated smoke free workplaces and strengthened tobacco advertising, promotion and sponsorship restrictions. The Smoking Ban adds more stress to DSP work having to constantly follow and remind customers to go to designated smoking areas. This mixed with alcohol can flare up and things can escalate into conflict.

 The Equal Status Act 2000 /2004

A portion of the Act relates to the Equal Status Act and makes reference to the point of entry to licensed premises. It is vital that all security staff be aware of and ensure that licensees and their agents are also aware of the substantial implications of denying access to premises or removal persons from premises unless within the areas such as drunkenness, abuse or safety risks. While there are occasions such as private parties or meetings or gender specific functions for example a hens or stags party, a Gay or lesbian party where access may be lawfully denied, but this occurs very seldom for the DSP.

 Unfair Dismissals Act 1977/2015

Under the Unfair Dismissals Acts 1977-2015, unfair dismissal can occur where: Your employer terminates your contract of employment, with or without notice. You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal. The employee must have 12 months continual service to be covered by the act

Implications for Non-Compliance with Legislation.

Down time and Loss of Productivity would be a major implication both for the company and the individual, loss of earnings, perhaps for both parties. Breaches of certain laws often result in a company having to cease production until issues have been rectified. This loss of production will inevitably result in a loss of income which could result in the company going out of business.

With reference to the DSP noncompliance may result in Civil proceedings which could result in convictions with, and or financial claims.

Conclusion

DSP is the probably most Interactive of all the security sectors as we deal with perhaps the same people at different stages, but they may not always be in the same frame of mind due to the presence of alcohol or substances. Bearing this in mind my assignment has demonstrated the importance of knowledge of Legislation/Acts in only a few of the areas and their purposes in assisting us in our work.

REFERENCES

• PSA Website  https://www.psa.gov.ie/
• SSI Manual     Legislation/Fire/Law
• Citizens Advice Information https://www.citizensinformation.ie/en/government_in_ireland/national_government/houses_of_the_oireachtas/legislation.html