A handle on door-staff licensing?

The Security Industry Authority has now (thankfully) clarified the position of pub landlords with regard to the employment of door staff. At least, I think they have. At one stage, there was a suggestion that licensees employing people on the door for security reasons would themselves have to hold an SIA licence. In its latest published material, which appeared last week, the SIA has said that a licence will not be required for: "Pub landlords receiving services supplied under contract by virtue of assuming management or supervisory responsibility." I take this to mean that if the door staff are supplied by a specialist security firm (which requires to be licensed and to ensure that its operatives are also licensed) then the fact that the premises licensee actually "manages" them when they are on duty will not make him liable for a licence. But where does this leave pub managers who directly employ doormen? Are they "managing a security service"? Nothing in the current literature makes this entirely clear and it will need to be sorted out before the new scheme takes effect. The problem is that pub managers and licensees move around. It would cause considerable problems if operating companies were restricted as to the manager they appointed to particular premises because they did not hold an SIA licence, but all the door staff did! The other criticism of the scheme as outlined comes back to this whole question of double jeopardy. The Government has been at pains to point out, in the whole debate about licensing, that it should not be necessary to duplicate existing legislation in a licensing system. Yet it appears that this is exactly what they have done with regard to door-staff licensing. The SIA claims that it is an offence under the Private Security Industry Act 2001 to employ unlicensed door staff. The SIA chairman Molly Meacher has asserted that pub landlords face five years in jail if they do. But the new Licensing Bill contains a "mandatory condition" to be imposed on all premises licences, requiring licensees to employ only licensed door staff. Why this additional condition, if it is already illegal? The SIA has at least attempted to clarify some of the important questions about which types of premises will not require licensed staff. These include registered clubs, restaurants, guest houses, bingo halls, theatres, cinemas and casinos, which are covered by other legislation. Unfortunately, a number of registered clubs have already received "warning" letters from the SIA suggesting that they register with the authority before the legislation takes effect. It is hoped that their exemption is clarified before they go to unnecessary expense.