Guidance

Guidance on the use of licence dispensation

Updated 24 February 2025

1. Introduction

As an approved contractor, you can deploy security operatives while they are still going through the licence application process. This is known as ‘licence dispensation’.

Your permission to use licence dispensation is separate to your ACS approval. If you wish to use licence dispensation you must request this as part of your initial ACS application, or when you submit your ACS annual return or ACS renewal. We will authorise your use of licence dispensation if you meet the following requirements:

• a director or controlling mind of your business has signed a declaration confirming they are accountable for the staff issuing licence dispensation notices (your ‘nominated persons’)
• the people nominated to issue licence dispensation notices have read this guidance, and have completed the ‘using licence dispensation’ e-learning course within the last 12 months

You may only use licence dispensation for the licensable activities (sectors) we have approved you for.

We can withdraw our permission to use licence dispensation if you do not follow the rules set out in this guidance. We can also:

• withdraw your ACS approval
• refuse any future applications for ACS approval you may make

Our rules usually limit you to deploying a maximum of 15% of licensable staff using licence dispensation. You can ask us to increase this limit in exceptional circumstances.

2. Using licence dispensation

You can use licence dispensation to deploy a member of staff if all the following conditions apply:

• you are authorised to use licence dispensation
• they are employed by you, they have an application in progress for the necessary licence and the application is at ‘checks in progress’
• they held an active SIA licence when they submitted their licence application
• the licence they applied for is for a licensable activity we have approved you for
• we did not refuse their previous application for a licence
• we did not revoke or suspend their previous licence

If any of these conditions are not met:

• you will be committing a criminal offence by deploying them without a licence
• they will be committing a criminal offence by working without a licence

2.1 Confirming ‘checks in progress’

If you are not using our Licence Assist or Licence Management services, you must ask the applicant to prove that their application is at ‘checks in progress’. You can accept either of the following as proof:

• a copy of the message we send to the applicant to confirm their application has moved to ‘checks in progress’ (this message has the title “We are processing your licence application”, and is sent as an email, as a message in their online account and occasionally as a letter)
• a screenshot of the ‘My applications’ page of their SIA online account, showing the application as being at ‘checks in progress’

You must keep this evidence on file. Your assessor will ask to see it.

3. Issuing personal licence dispensation notices (LDNs)

You must issue a personal LDN to each member of staff working under licence dispensation. The personal LDN is generated by our online system. It is valid for a maximum of 5 weeks.

You will be able to download and print the LDN. This should be issued on your company’s branded stationery and signed by both the nominated person and operative. It will show all the following:

• the name and address of your company
• the LDN reference number
• the name, signature and telephone number of the person issuing the LDN
• the name, signature and telephone number of the security operative to whom the LDN has been issued
• the operative’s SIA licence application number
• the activities for which the LDN applies (such as ‘door supervision’ or ‘security guarding’)
• the start date and the date the LDN expires

You must not issue someone with a licence dispensation notice if they will be in sole charge of children or vulnerable adults.

4. Recording your use of licence dispensation

You must:

• keep records of all members of staff given a personal LDN (these must include the date each LDN was issued and the date it expired)
• keep these records for 12 months following the expiry date of the LDN
• make these available to us and your ACS assessor on request

5. Refused, withdrawn or cancelled applications, and withdrawn LDNs

You must withdraw the person from licensable activity if:

• we refuse or withdraw their licence application
• they or you cancel their licence application
• we withdraw our permission for their LDN

6. Operatives working under licence dispensation

You must make your client aware when you are deploying someone on an LDN.

Staff working under licence dispensation should carry on their person:

• the licence dispensation notice you gave them
• their company ID card

They must produce these documents if asked to do so by an SIA investigator or one of our enforcement partners (for example, a police officer or a local authority licensing officer).

Staff deployed with an LDN should display an ACS lapel pin when working. The pin shows that they are working for an approved contractor and are not working unlawfully without a licence.

Exceptions to the requirement are:

• if local health and safety rules prohibit the wearing of jewellery/pins
• if a company identity card is on display that includes the ACS accreditation mark
• in cases where the person needs to remain anonymous (such as for a close protection operative or a store detective)
• if we have agreed that they do not need to wear an ACS lapel pin

You can order more ACS lapel pins using the additional goods order form available from the ‘Ordering ACS good and materials’ page of our website.

7. Nominated persons

You must nominate at least 1 person to issue licence dispensation notices (you can nominate more than 1 person if you wish). LDNs may only be issued by a nominated person. You must tell us who you nominate when you request permission to use licence dispensation.

Anyone you nominate must meet all the following criteria:

• they must be an employee or director based in the UK
• their pre-employment screening must have been done in accordance with British standard 7858: Screening of individuals working in a secure environment
• they must have completed our ‘Use of licence dispensation’ e-learning course within the last 12 months
• they must have read this guidance
• they must have an SIA online account and must be a business user for your company (super user or operator)

If they leave, or change roles, then you must ensure that you still have at least 1 nominated person, even if that means nominating someone new. You must tell us of any changes within 21 days.

8. Licence dispensation and licensed premises

You should check the requirements of the premises licence before you deploy staff on an LDN.

The Licensing Act 2003 allows local authorities to specify the use of SIA licensed door supervisors in their conditions for a premises licence. The original wording of the Act unintentionally prevented the use of licence dispensation where they imposed such a condition.

The Violent Crime Reduction Act 2006 amended the Licensing Act and corrected this situation. However, the amendment does not apply to premises licences issued before November 2006 (when the amendment took effect).

The premises licence holder may apply to their local authority to have their licence varied if they wish to do so.

9. LDNs issued by other approved contractors

Where a member of staff has transferred from another approved contractor and that company deployed them under an LDN, the old LDN is no longer valid.

10. Issuing a second or subsequent LDN

If we do not make our licensing decision within the 5 weeks of the first LDN, you may ask for another. If we agree, the LDN will be issued through our system in the same way as the first one.

11. Exceptional circumstances

11.1 Lifting the 15% limit on licence dispensation

Our rules usually limit you to deploying a maximum of 15% of licensable staff using licence dispensation. You can ask us to increase this limit in exceptional circumstances.

You will need to fill in and send us a request form (available from the ‘Licence Dispensation Notices (LDNs): guidance and forms’ page of our website). The form asks you for the information we will need before we can say yes or no. This includes:

• the reason(s) you need to deploy more than 15% of your licensable staff using licence dispensation
• your plan for bringing the situation back under control (this should include projected timings)

We will assess each request on a case-by-case basis, taking your circumstances into account. We will also consider:

• your past conduct as an approved contractor
• whether you could have avoided the exceptional circumstances you are facing
• any actions you have taken to minimise your need for increased licence dispensation

We will confirm our decision to you in writing.

If we agree to your request, we will:

• specify an expiry date for your increased use of licence dispensation
• list any conditions we have attached - for example, we might limit the increase to certain licensable activities or to specific contracts

If we refuse your request, we will tell you why unless legal obligations or confidentiality agreements prevent us from doing so.

11.2 Issuing LDNs to new licence applicants

You can normally only use licence dispensation for operatives that held an active licence at the time of their application. In very exceptional circumstances, we may temporarily exempt you from this rule.

Some examples of what we mean by “exceptional circumstances” are:

• a requirement to satisfy a significant national event (for example, the Olympic games)
• the transfer of previously ‘in-house’ and unlicensed staff under a TUPE arrangement at short notice

You should submit your request through your SIA business account. Your request must describe:

• the nature of the exceptional circumstances
• your plan for bringing the situation back under control
• the actions you will be taking to mitigate any risk to the public

We will assess each request on a case-by-case basis.

[Reference: ACS/24-25/C-028]