Irish Legislation and the Role of Door Security Personnel

Introduction

Door Security falls under the Guarding Security Service sector as part of the new licensing requirements per the Private Security Authority. In the past, door security was an individual sector. The standard in which door security companies must adhere to is the IS999: 2004.

Door Security is defined by The Private Security Authority as individuals or contractors that provide security services on  licensed premises. The Private Security Authority places the most impetus on the “bar” license which is one of twenty-five different licenses pertaining to selling alcohol. A bar is a place where alcohol is served to the public. This also includes any section of licensed premises that serves alcohol of intoxicating liquor. An important aspect to note relating to a door security license is that the areas in which intoxicating liquor is consumed, in junction with a bar sale are interpreted a part of the bar.

Section A.

Selection of Legislation/Acts.

Safety, Health, and Welfare at Work Act 2005

This act resulted in a thorough review of the previous legislation, the Safety, Health and Welfare at work Act 1989. The 2005 act adopted the principal provisions of the previous Act and added new changes to the act.

One of the main changes in the act, Section 8 further defines the duties of the employer. The main duties of the employer are to provide employees everything they need in relation to health and safety. An example would be training employees in proper health and safety procedures.

The act also underlines the responsibilities of employees while at work. An example would be following the training and instructions of the employer accurately.

Private Security Services Act 2004

The Private Security of Services Act of 2004 divides the industry into categories and breaks down each of these categories respective roles to give a better understanding of what their duties consist of and any training or requirements needed for each category.

The different categories include; the Guarding Security Services Sector, the Technology Sector, the Hardware Sector, and the Specialist Sector.

These sectors are represented by different bodies that act in correlation with the Security Congress of Ireland.

Unfair Dismissals Act

This act outlines the right of employees not to be unfairly dismissed by their employers. Employees who have not completed one year of continuous work for the employer are not covered by the act.

In dismissal cases, it is usually the employer who must prove a dismissal was warranted and give the reasons for the dismissal.

These reasons could relate to the employee’s conduct and competency not meeting the employer’s standard. The grounds in which dismissal is unfair are the following.

Employees age, sexual orientation, race, sex, family status, religion, member of the traveling community, marital status, or pregnancy of employee.

Employment Equality Act

The Employment Equality Act addresses discrimination in the workplace and provides the grounds for discrimination.

The act covers issues like equal pay for equal work as well as employees getting paid less based on their gender, age, race, religion, marital status, sexual orientation, family status, member of the traveling community, or disability.

Harassment pertaining to any of the discriminatory grounds listed above is also outlawed by the act.

Data Protection Act of 1988

The function of this act is to protect the privacy and control access to any data possessed by any person. The Act clarifies the purposes in which data can be retained. These purposes may be statistical or research-based.

Section B.

Effects of Legislation on Door/Event Security Personnel

Intoxicating Liquor Act and Amendments

This act has had a positive effect on door security personnel. This is because it gives the licensee of licensed premises the responsibility of preventing offenses such as intoxication or preventing intoxicated persons from entering the site.

This makes it easier for door security personnel as it gives them the legislative means to prevent disorderly conduct as a result of an intoxicated person on their site.

Public Health (Tobacco) Act of 2004. Smoking Ban Regulations

The act has had a positive effect on door security personnel as it outlaws smoking in all workplaces.

This has been a massive positive for door security personnel as it improves health and safety standards due to the reduced risk of fire associated with smoking.

Criminal Justice Act

This act allows for the seizure and confiscation of drugs or any assets as part of drug trafficking or other offenses. 

This has had a positive impact on door security personnel as it enables them to seize or confiscate property pertaining to the crime committed.

The Misuse of Drugs Act

This act clarifies the substances, products, and preparations that need to be controlled to prevent the misuse of drugs.

This has also had a positive impact on door security personnel as it gives them the knowledge of what substances are illegal. 

Implications for Non-Compliance with Legislation

Failure to comply with legislation can have serious implications. It will affect a company’s legal status and result in lawsuits that may cripple the company. Another consequence could be an audit carried out by the government on the company which could result in fines or the company’s permanent termination. 

For door security personnel, non-compliance with legislation will result in an individual’s license being suspended or revoked. This is done by the private security authority which monitors the security industry.

Non-Compliance with legislation could also have disastrous implications for the public in general. Failure to comply with health and safety legislation is a massive risk as it does not ensure safety in the event of an emergency and could result in human loss.  

Conclusion

To summarise, the legislation provides the guidelines that must be followed. Door security personnel must have knowledge of the legislation that applies to them and their duties and adhere to it.

Irish Legislation has evolved the role of door security personnel. It has provided the means and limitations in which door security personnel can operate in. This is because it gives licensees of licensed premises the legal power to prevent certain crimes that may occur on their premises. 

Irish legislation has paved the way for improved health and safety regulations and practices providing a higher level of safety for the public, as well as improved efficiency for door security personnel when dealing with unlawful activity.

References

• https://employmentrightsireland.com/tag/health-and-welfare-at-work-act-2005/
• The Security Skills Manual, the Security Institute