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The NTIPDU has
received numerous telephone calls from Detection Dog Handlers asking for
advice on whether or not they need a licence to operate on licensed
premises; Our answer has always been YES, but if you phone the SIA help line,
it isn't that clear. We
contacted the SIA, informed them of the confusion and asked for a definitive
answer. Nick
Smith, Assistant Director Government & Legal, SIA stated: -
"Following
our telephone conversation earlier today, I promised to let you have my
understanding in respect of dog handlers on licensed premises in writing
I
should begin by stating that, ultimately, the determination of whether
someone is engaged in regulated activity is for the Courts but, of course,
we all aim to avoid that by acting in good faith and seeking the best
advice. The SIA advises any individual to seek independent legal
advice if they are unsure about their legal requirements.
In
simple terms, a Door Supervisor licence is required
if an individual undertakes the activities of a security
operative on licensed premises.
As
you know, the activities of a security operative are set out in Schedule
2 of the Private Security Industry Act 2001, and it is from
this that a judgement must be made.
If
an individual is undertaking designated activity, (i.e. that
of a door supervisor), whether or not they are using a dog as part of
that activity is not of any specific relevance for the purposes of
licensing. While 'dog handling' can of course be a
specialist activity; in respect of an SIA licence for door
supervision, the dog is a 'tool' in much the same way as
a metal detector, and does not exempt the individual from
the need to be licensed if they are undertaking designated
activity."
We would like to
thank Nick for taking the time to clear this confusion and assure you
that, if you are working a drug detection dog on licensed premises;
YOU NEED A
LICENCE.
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