Commentary on Sections Part 3: Miscellaneous Section 63: Removal of sports grounds etc from private security industry regulation
308.Section 63 amends section 4 of the Private Security Industry Act 2001 (exemptions from licensing requirements) to exempt certain persons from the licensing requirement under that Act.
309.The new subsection (6) exempts from the licensing requirement of the 2001 Act all in-house staff of a sports ground who carry out licensable conduct within the meaning of section 3 of that Act on any part of their home ground, if it is a premises covered by a safety certificate under either the Safety of Sports Grounds Act 1975 or the Fire Safety and Safety of Places of Sport Act 1987 and if the conduct is carried out in connection with the use of those premises for purposes for which that safety certificate has effect.  The new subsection (6A) also exempts from the licensing requirement under the 2001 Act in-house staff who accompany their club to other sports grounds where both the home ground and the sports ground being visited are covered by a safety certificate under the safety at sports grounds legislation and where the conduct is carried out in connection with the use of the host premises for purposes for which its safety certificate has effect.
310.The new subsection (7) defines the in-house staff covered by the section.
311.The new subsections (8) and (9) set out what is meant by the use of a ground or stand for purposes for which its safety certificate has effect.  The exemption will cover activities specified in a general safety certificate or specified in respect of a specific occasion in a special safety certificate. The new subsection 4(10) makes interpretative provision.
312.Section 63 covers all in-house staff working on the specified premises and exempts them from the licensing requirement in respect of all types of licensable conduct within the meaning of section 3 of the 2001 Act.  This includes those who supervise contracted staff and those who are themselves provided by their employer to a third party.  It does not cover contracted staff who undertake licensable conduct in premises covered by the safety at sports grounds legislation or in-house staff who undertake licensable activity in licensed premises that are not covered by the safety at sports grounds legislation.  These people will still need to be licensed under the 2001 Act.