Manned guarding activity includes any of the following:
- guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage;
- guarding property against destruction or damage, against being stolen or against being otherwise dishonestly taken or obtained;
- guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others.
All of the above includes providing a physical presence, or carrying out any form of patrol or surveillance, as to deter or otherwise discourage it from happening or to provide information, if it happens, about what has happened.
References to guarding premises against unauthorised access include being wholly or partly responsible for determining the suitability for admission to the premises of persons applying for admission. However, this does not include the activities of a person who exercises control over the persons allowed access to any premises to the extent only of securing, or checking, that persons allowed access have paid for admission or have invitations or passes allowing admission.
The manned guarding activities above do not apply to the activities of a person who, incidental to the carrying out of any activities in relation to a group of individuals which are neither manned guarding activities or checking that persons allowed access have paid etc (as above), maintains order or discipline amongst those individuals. An example might be a school teacher accompanying children on an outing.
The manned guarding activities which require a licence do not apply to the activities of a person who, incidental to the carrying out of activities which are not wholly or mainly the activities of a security operative, responds to a sudden or unexpected occurrence.
Exemption from licensing (in England and Wales only) applies to in-house employees when carrying out duties in connection with their employer's use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect. Employees of a visiting team to such premises are also exempt provided that the visiting team has a certified sports ground or stand. For a more precise description of the exemption see Section 4(6) to 4(12) of the Private Security Industry Act 2001 as amended and the explanatory notes to section 63 of the Violent Crime Reduction Act 2006.
There are certain exclusions mentioned within the Private Security Industry Act 2001. The Act should be referred to for full details of when a licence is not required.