S.I. No. 835/2005 - Private Security (Licence Fees) Regulations 2005


S.I. No. 835 of 2005

PRIVATE SECURITY (LICENCE FEES) REGULATIONS 2005

The Private Security Authority, in exercise of the powers conferred on it by section 51 of the Private Security Services Act 2004 (No. 12 of 2004) and with the consent of the Minister for Justice, Equality and Law Reform, hereby makes the following regulations:

1.     These Regulations may be cited as the Private Security (Licence Fees Regulations 2005.

2.     These Regulations come into operation on the 19th day of December 2005.

3.     In these Regulations -

“Act” means the Private Security Services Act 2004 ;

“applicant” means an applicant for a licence;

“Authority” means the Private Security Authority;

“category of licence” means a category of licence referred to in Regulation 4 of the Private Security (Licensing and Standards) Regulations 2005 ( S.I. No. 834 of 2005 );

“financial period” means the ordinary 12 - month accounting period of an applicant last preceding the date of the application for a licence;

“licence” means a licence issued under the aforesaid Regulations;

“turnover” means the gross revenue (excluding Value Added Tax) of an applicant arising in a financial period in respect of the provision by the applicant of the security service or security services to which the licence or licences applied for relates or relate;

“turnover fee” has the meaning given to it in Regulation 5.

4.     An applicant shall pay an administration fee of €1,000 in respect of each application form submitted by the applicant.

5.     In addition to the administration fee, the applicant shall pay to the Authority a fee (in this Regulation referred to as a “turnover fee”) to be calculated by reference to the applicant's turnover. The fee shall be determined by reference to the following table:

Turnover

Fee

Less than or equal to €0.625 million

€1,250

Greater than €0.625 million and less than or equal to €1.25 million

€2,500

Greater than €1.25 million and less than or equal to €3.75 million

€5,000

Greater than €3.75 million and less than or equal to €10 million

€9,000

Greater than €10 million

€19,000

6.       If an application for a licence is made during the 6 - month period after the expiry of the financial period of an applicant, the turnover fee shall be calculated by reference to the applicant's turnover for the ordinary 12 - month accounting period last preceding the financial period.

7.       Where -

(a)     a licence has not expired,

(b)     the holder of the licence applies to the Authority for a licence in a different category, and

(c)      each of the licences relates to a category of security services which may be provided by one of the persons mentioned in paragraph (a) to (h) of the definition of “security service” in section 2 (1) of the Act

a turnover fee is not payable in respect of the licence in a different category.

8.       The Authority shall reduce the turnover fee payable in respect of applications for the licences set out below by 12.5% for applications received by 5 p.m. on 31 December 2005 and by 7% for applications received by 5 p.m. on 31 January 2006:

(a) door supervisor (licensed premises) licence,

(b) security guard (static) licence.

9.       The Authority shall reduce the turnover fee payable in respect of applications for the licences set out below by 16% for applications received by 5 p.m. on 31 March 2006 and by 8% for applications received by 5 p.m. on 31 May 2006:

(a) installer (intruder alarm) licence,

(b) security guard (monitoring centre) licence.

The Minister for Justice, Equality and Law Reform consents to the making of the foregoing Regulations.

 

GIVEN under my Official Seal, this 19 day of December 2005.

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MICHAEL McDOWELL

Minister for Justice, Equality and Law Reform

 

GIVEN under the seal of the Private Security Authority, this 19th day of December 2005.

 

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MICHELLE DOYLE

Chairperson

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GERALDINE LARKIN

Chief Executive

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the fees payable in respect of applications for licences under the Private Security (Licensing and Standards) Regulations 2005.