- Section 5 of the Private Security Industry Act 2001 makes it an offence to provide security services partly through an operative who does unlicensed licensable conduct.
- On summary conviction the maximum is six months, a fine up to the statutory maximum, or both; on indictment, five years, a fine, or both.
- There are two defences: no knowledge or reasonable suspicion that the operative was unlicensed, or having taken all reasonable steps to prevent it.
- A security boss who deployed 26 operatives with cloned licences across 832 shifts received a nine-month sentence suspended for 12 months and a five-year director disqualification.
What the offence covers
Section 5 is about the buyer or supplier, not the operative. A person commits the offence if they provide security services partly through someone who engages in licensable conduct without the licence. The exemption in section 4 is the only carve-out the section itself names. The Act, read today, has no director-specific subsection in section 5, so liability follows the person or business that supplied the services.
The two defences, read exactly
Many summaries merge them. The text gives two separate routes: showing that you had no knowledge or reasonable suspicion that the operative was unlicensed, or showing that you took all reasonable steps to prevent the unlicensed conduct. A check on the register done once at hiring may not cover the second route if the licence later lapses, which is why records and repeat checks matter.
Who needs a licence, and when
| Situation | Licence needed? | From GOV.UK's find-out page |
|---|---|---|
| Contract security supplied by an outside company | Yes | Required where services are supplied under a contract for services |
| In-house employee doing guarding or CCTV | Generally not | Exception: door supervision and vehicle immobilisation need one even in-house |
| Director or manager of a company supplying operatives | Yes | Directors and managers need a licence if the company supplies operatives under contract |
| Unpaid volunteer with no payment agreement | No | Listed as exempt |
| Event entry checker or steward directing people | Usually no | Exempt unless they refuse entry or remove people |
The page does not set out the criminal penalties; it says working without a licence may be breaking the law. The penalties above are from the Act itself.
Reasonable precautions in practice
- Check every operative against the SIA register before the first shift, and again periodically.
- Compare the card in front of you with the person and the register entry, including the five security features GOV.UK lists (see how to check a licence).
- Ask what licence type is held, since a door supervisor licence does not cover other activities (licence types).
- Keep dated records of each check and who did it.
- Put licence checks into any subcontract so the agency or sub-supplier shares the duty.
The 2024 sentencing
The SIA's account says the investigation began after an incident on 7 July 2021 at Box Park in Wembley. The deployments of staff on cloned licences ran from June 2020 to October 2021, and sentencing took place on 15 November 2024. The director received nine months' imprisonment suspended for twelve months, 80 hours' unpaid work and a five-year director disqualification; the company's sentencing was still to come when the SIA published. The SIA's line to buyers was that providers and buyers should check licences to be sure they are genuine. More on cloned licences is in cloned and fake SIA licences.
Frequently asked questions
Is it illegal to use an unlicensed security guard?
Yes, for licensable work. Section 5 of the Private Security Industry Act 2001 makes it an offence to provide security services partly through an operative who is unlicensed. It is a defence to show you had no knowledge or reasonable suspicion, or took all reasonable steps to prevent it.
What is the maximum penalty?
On summary conviction, up to six months' imprisonment, a fine up to the statutory maximum, or both. On indictment, up to five years, a fine, or both. These come from section 5(4) of the Act, which we read on legislation.gov.uk.
Do I need a licence for in-house door staff?
GOV.UK says in-house employees generally do not need an SIA licence, with two exceptions: door supervision and vehicle immobilisation. Contracted security does need licences, and so do directors or managers of companies supplying operatives.
How should I check an SIA licence?
Search the SIA public register and compare the person, name and licence number, and inspect the card's features. GOV.UK lists a raised name, a hologram, UV logos, a set postcode on the back and a barcode matching the front number.
What happened to the director who used cloned licences?
The SIA reports nine months' imprisonment suspended for 12 months, 80 hours of unpaid work and a five-year director disqualification, passed on 15 November 2024, for deploying 26 operatives across 832 shifts. The company's sentence was still pending then.