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Private Guards and Local Wardens Act (Cap. 389) Consolidated

CHAPTER 389

PRIVATE GUARDS AND LOCAL WARDENS ACT

To provide for the licensing, regulation and control of persons operating, engaged or employed in private guard services and in warden services and to provide for matters connected therewith or ancillary thereto.

(15th June, 1996) (27th August, 1996)

ACT XIII of 1996, as amended by Acts III of 2002 and XIII of 2005; Legal Notice 425 of 2007; Act XXII of 2010; and Legal Notices 325 and

491 of 2011.

1. The short title of this Act is the Private Guards and Local

Wardens Act.
PART I

Preliminary

2. In this Act, unless the context otherwise requires -

"Administrative Review Tribunal" means the tribunal established under article 5 of the Administrative Justice Act;
"bye-laws" means any bye-laws and any other legislation which may from time to time be entrusted to local councils by delegation or agreement as stipulated in the Local Councils Act;
"Commissioner" means the Commissioner of Police;
"local warden" means an individual whose services are rendered in the provision of local warden services;
"local warden services" means such services as may be required b y local coun cils in the dischar g e of their duti e s an d responsibilities for the control, regulation and enforcement of bye- l a w s , in clu d in g t h e pr ovi si on of servi c es fo r t h e contr o l an d re gula tion of acce ss a nd movement by pedestria ns or ve hicles, generally or on particular occasions and the provision of similar services whether by uniformed or plain clothes local wardens;
"Minister" means the Minister responsible for the Police;
"plain cl othes local warden" me ans a loca l warden without uniform whose services are rendered in the provision of specific duties, or parts of legislation, which are listed in the Schedule;
"private guard" means an individual employed or engaged by a private guard agency in the provision of private guard services including such services at a place of entertainment and specialised private guards services;
"private guard agency" means any individual or body of persons, whether corporate or unincorporate, providing any private guard

Short title.

Interpretation. Amended by: XIII. 2005.37; XXII. 2010.2. Cap. 490.

Cap. 363.

services or specialised private guard services and includes any such individual or body employing or engaging private guards;
"private guard services" m eans any guard service, other than guard serv ices provi ded by a ny government departmen t or aut horit y und er the provi si ons of any law other t h an this A c t, provided either by an individual or by a body of persons, whether corporate or unincorporate, in relation to -
(a) the prevention or detection of intrusion, unauthorised entry or activity, vandalism or trespass on private property;
(b) the prevention or detection of fraud or theft, loss, misappropriation or concealment of merchandise, money, bonds, stocks, notes or other documents or papers;
(c) the control, regulation or direction of the movement of the public in private or restricted areas, whether by the use of a vehicle or otherwise, to assure the protection of property;
(d) the protection of individuals from bodily harm; (e) the protection of property;
(f) the provision of persons for the purpose of guarding money or any other property in transit or for the transportation of such money or other property;
(g) the provision of armoured cars for the transportation of such money or other property;
(h) the provision, installation and servicing of safes, alarms, and other security equipment or ancillary items as the Minister may prescribe;
(i) private investigative services;
(j) the provision of security consultancy services;
(k) the operation of premises offering safe deposit facilities other than such operation by banks;
(l) any other service which the Minister may from time to time by order prescribe;
but shall not include any such services provided to any person, othe r tha n a privat e gu ard a g en cy o r a l o ca l co unci l , by his employee whether full-time, part-time or casual;
"private in vest igative serv ices" m eans obtain i ng, sel ling or supplying to any person any information relating to -
(a) the identity, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person or a body of persons;
(b) the background or antecedents of any applicant for employment;
(c) enquiries for missing persons or property; (d) damage to or loss of property;
(e) the prevention or detection of industrial espionage;
"security consultancy services" means the provision of advice relat ing to th e secur it y of p ro perty, premises, personnel, plant, machinery and equipment;
"s pecialise d private guard" means a private guard rendering specialised private guard services;
"specialised private guard services" means private guard services in relation to the transportation or guarding in transit of money or property, or in relation to premises where money or property of value is stored, or in relation to other premises otherwise exposed to high security risks;
"warden ag en cy " means an ind i vi dual o r a b ody of persons, whethe r corporate or unincorporate, who provide lo cal wa rden services.
PART II

Private Guard Services

3. No person shall operate as a private guard agency or act as a private guard or offer his services as such, unless such person is licensed in accordance with the provisions of this Act.

4. No person shall employ, engage or permit the use of private guard services unless such services are provided by a private guard agency or by priv at e guards, as t h e case may be, licensed i n accordance with the provisions of this Act.

5. No private guard agency shall provide any person for duties in, or connected with, private guard services unless such person is license d a s a private guard in acc ordance with the provisions of this Act.

6. (1) Any person desiring to be licensed as a private guard agency or as a private guard shall make an application in writing to the Commissioner.

(2) Such application shall in the case of a private guard agency, contain the following information which shall be accompanied by such documentation in support thereof, as the case may require:
(a) the full name and business address, and in the case of an individual the identity card number and in the case of a commercial partnership, the registered number and office of the partnership;
(b) the name under which the applicant intends to carry on his activities;
(c) the nature of the activities which the applicant intends to carry on;
(d) in the case of a body of persons the names and addresses and identity card numbers of the shareholders, partners, directors, secretaries and any other officers of the body and where any of such persons is a partnership the registered number and

Private guard agencies and guards to be licensed.

Use of private guard services.

Employment of private guards.

Applications for licence of private guard agency and private guards. Amended by: XXII. 2010.3.

office of the partnership and the number of persons they propose to employ;
(e) a declaration by the applicant stating that he has no financial or other interest which could in any way conflict with the services to be provided by the private guard agency; such other interest shall include any other business or economic activity carried out or being carried out, or services provided or being provided, or employment held or being held, by the applicant;
(f) if an applicant was previously carrying on any business activity, the financial statements for the last three years, and if under any other law such financial statements are required to be audited, the audited financial statements;
(g) experience relevant to private guard services held by any person mentioned in paragraphs (a) and (d) above.
(3) In the case of a private guard the application shall contain the fol lowing information which sh all be accom panied by such documentation in support thereof, as the case may require:
(a) the full name, address and identity card number; (b) the date and place of birth;
(c) full details of the applicant’s working experience;
(d) a declaration by the applicant stating that he has no financial or other interest which could in any way conflict with the services to be provided as a private guard;
(e) academic, training and other qualifications held to act as a private guard.
(4) An application under this article shall be accompanied by such fee as may be prescribed.
(5) The Commissioner may, in the circumstances of any particular case require addit i onal in formation or t h at any in form at io n su bmi tted un der thi s art i cle b e sup por ted by such relevant documentation as he may require.
(6) In considering an application lodged by any person desiring to be licensed as a private guard agency employing or engaging private guards to provide private guard services in any place of entertainment the Commissioner shall determine whether the place of entertainment in ques tion r e qu i r es th e p r o v i si on of su ch services, taking into account security considerations including in particular the maximum capacity of the place of entertainment in question.
(7) Where a person desires to engage a private guard agency for the purposes of providing private guard services at a place of entertainment such person shall request the prior authorisation of the Commissioner.
(8) A person desiring to engage a private guard agency for the
p u rpo s e of prov idin g speci a li sed p r ivate guard servi c es shal l r e qu est t h e pr io r au th or isati o n o f th e Com missi on er. The Commissioner shall consider whether the criteria for specialised private guard services are fulfilled.

7. The Commissioner shall, within fifteen days of the receipt of such application, give notice in the Gazette of such application with such details as he may consider appropriate.

8. (1) Any person may, within one month from the publication of such notice, object in writing to the issue of such licence on any of the grounds listed in article 10.

(2) The Commissioner shall consider any such objection and sh all verify any statements made t h erei n. For th is pu rp ose th e Com m i s si oner m a y req u ire th e person ob jecti ng to produ ce or i n d i cate pr oo f t o su bstan tiat e a n y statement made in a n y s u ch objection.
(3) Any objection made under the provisions of this article shall be treated as confidential.

Publication of application.

Objection to application.

9. Having considered the application made and any objections received under article 8 the Commissioner shall within four weeks from the lapse of one month mentioned in article 8(1) -

(a) either issue a licence to the applicant to act as a private guard agency or as a private guard; or
(b) refuse the application.

Acceptance or refusal of application.

10. The Commissioner shall refuse an application in any of the following circumstances:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant -
(i) has been convicted in Malta or elsewhere of any crime of wilful homicide or of wilful grievous bodily harm or any crime against property aggravated by amount exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or by violence or any crime against public trust or any other serious crime; or
(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or
(iii) has been discharged from the Police or armed forces or the prison services because of any offence or other misbehaviour; or
(iv) is a public officer other than one who belongs to a grade or category as may be prescribed by the Minister or a member of the Police or armed forces or the prison services; or
(v) has been convicted in Malta or elsewhere of a

Refusal to issue licence. Amended by: III. 2002.167;

L.N. 425 of 2007; XXII. 2010.4.

crime against the person or against property and the application is made within five years from the commission of the crime; or
(vi) has been convicted in Malta or elsewhere of a crime affecting the good order of families;
(b) when he considers that it is in the public interest to refuse such a licence; or
(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under this Act.

Referral to Minister. Amended by: XXII. 2010.5; L.N. 325 of 2011.

Cap. 490.

11. (1) If the Commissioner refuses to issue a licence to an applicant to act as a private guard agency or as a private guard, he shall forthwith communicate in writ ing such decisi on t o the applicant stating the reason for such refusal:

Provided that in the case of a refusal under article 10(b) , it shall be sufficient to state that the licence has been refused in the public interest.
(2) The Commissioner shall, in the case of a refusal in the public interest, keep a copy of such refusal and the actual reason therefor, for possible onward transmission to the Administrative Tri bu n al sh ou l d th e ap pl ic ant appea l from the C ommissioner ’s decision.
(3) On the receipt of a licence or of the notice of refusal, the applicant may, within one calendar month from such receipt, apply to the Administrative Review Tribunal in accordance with article
15 of the Administrative Justice Act requesting that any terms or conditions attached to such licence be removed or changed, or in
the case of a refusal that the licence be issued and thereupon the provisions of the said Act shall apply to the proceedings before the said Tribunal and to any appeal from any decision thereof.

Issue of licence of

a private guard or a

private guard

agency.

(2) Subject to the other provisions of this Act, a licence issued under this Act may be renewed from year to year on the expiration of its validity and on the payment of such fee as may be prescribed.
(3) The issue of a licence under this Part shall in no way be deemed to vest any right or privilege to the holder thereof to do any thing , of whatever natu re, in relation to t h ird parties or their
property which such person did not have the right to do prior to the promulgation of this Act.

12A. (1) A private guard at a place of entertainment shall have the p o wer to prevent any person from entering that place of entertainment if the person is known to have caused disturbance at the said or other premises, including through violent behaviour or h a r a ssment of ot her p e rsons. Entr y may also be den i ed t o an y perso n who refu ses to prod uce an i d ent i ficati o n do cum e nt on request, or who appears manifestly intent on causing disturbance or to a person who appears violent on account of intoxication.

(2) Where a person causes disturbance within a place of entertainment by displaying violent behaviour, the private guard at the place of entertainment shall take such measures as necessary to notify the Police immediately and shall have the power to detain such person until the arrival of a Police officer.
(3) Where a person harasses any other person at a place of entertainment, the private guard at the place of entertainment shall notify the Police immediately and shall have the power to escort that person outside the premises, or to detain such person until the arrival of a Police officer.
(4) In giving effect to the provisions of subarticles (1), (2) and (3) the private guard at the place of entertainment may exercise minim um force o n ly where the person fails to comp ly without physical restraint.

Prevention of entry of persons in a place of entertainment. Added by:

XXII. 2010.6.

12B. (1) A specialised private guard may deny entry to any person who fails to produce, on request, an identification or to any person who is causing or whom he reasonably suspects will cause disturbance.

(2) A specialised private guard shall have the power to carry out a search on any person entering the premises being guarded for any arms proper, or objects similar to weapons of any description, or any other object that may be used for defensive or offensive purposes and where the said private guard discovers any such arm proper or object he shall immediately notify the Police and shall withhold th e object and detain th e person un til the arri val of a Police officer.
(3) Where a person threatens any other person at the premises being guarded, or carries or displays any arm proper or any object that may be perceived as an arm proper or as any other object that m a y b e use d for de fe nsi v e or offen s iv e p u rp ose s , o r c a u s es a dist urbance in any ot her wa y w hatsoever, a specialised private guard shall have the power to immediately seize any such object as aforesaid and shall detain the person until the arrival of a Police officer. Whenever a person is detained the specialised private guard shall notify the Police immediately.
(4) A specialised private guard engaged in the guarding of money or property in transit, or of any such place where loading or unloading of such money or property is taking place, may detain any p e rson in the area of operation who displays threatening,

Other powers of specialised private guards.

Added by: XXII. 2010.6.

abusive or violent behaviour, or who displays any arm proper, any object that may be perceived as an arm proper or any other object that may be used for defensive or offensive purposes. Such person shall be detained until the arrival of a Police officer. Whenever a person is detained the specialised private guard shall notify the Police immediately.
(5) In giving effect to the provisions of subarticles (1), (2), (3) and (4) the specialised private guard may exercise minimum force only where the person fails to comply without physical restraint.

Withdrawal and suspension of licence.

Warden agencies and local wardens to be licensed.

Use of local warden services.

Employment of local wardens.

Application of articles 6 to 13 to warden agencies and local wardens.

13. (1) Where the holder of a licence does not conform to any term or condition under which the licence has been issued or where such circumstances arise which could have justified the refusal of an application for such licence, the Commission er m a y either withdraw or suspend such licence.

(2) Where a licence has been withdrawn or suspended the Commissioner may grant a new licence or withdraw the suspension where the circumstances giving rise to the withdrawal or suspension have been removed or no longer exist.
(3) On the receipt of a notice of withdrawal or suspension the hol der of a licence may, within one calendar m onth from such receipt, make submissions in writing to the Minister requesting the removal of such withdrawal or suspension.
(4) The provisions of article 11(3) and (4) shall mutatis mutandis apply to a subm ission made to the Mi nister under subarticle (3).
PART III

Local Warden Services

14. No person shall act as a warden agency or as a local warden or offer his services as such unless such person is licensed in accordance with the provisions of this Act.

15. No person shall employ, engage or permit the use of local warden services unless such services are provided by a warden agency or by local wardens, as the case may be, licensed in accordance with the provisions of this Act.

16. No warden agency shall provide any person for duties in, or connected with, loca l warden serv ice s un less su ch person i s licensed as a local warden in accordance with the provisions of this Act.

17. (1) Subject to the provisions contained in this Part the provisions of art i cles 6 , 7 , 8, 9, 10, 11 , 12 and 13 shall apply mutatis mutandis in relation to a licence for a warden agency or for a local warden in the same way as they apply to an application for a licence for a private guard agency or for a private guard, as the case may require.
(2) An application for a licence for a warden agency or for a loca l warden shall be accompan ied by such fee a s may be prescribed.

18. (1) A local warden shall have the power to stop any person, whom he suspects to have committed any breach of any bye-laws, for the purpose of identifying such person and taking his particulars, but may not detain any person except as provided in the following subarticle.

(2) A local warden may detain any person for the purpose of taking him before a Police officer or until the arrival of a Police officer, where such person refuses to stop and give his particulars or for the purpose of preventing such person from committing a br each of any bye-laws where such person ha s been warned to desist and has not desisted voluntarily.
(3) Any person who refuses to give, or untruthfully gives to any local warden in the exercise of his duties, his name, surname, address and other particulars that may be lawfully required shall be guilty of a contravention and shall on conviction be liable to a fine (ammenda) of fifty-eight euro and twenty-three cents (58.23).

Power of local wardens to detain persons and obtain particulars. Amended by:

L.N. 425 of 2007.

19. (1) No person shall in any way assault or resist by violence any local warden in the execution of his duties under this Act.

(2) Saving any higher punishment to which he may be liable under any other law any person who contravenes the provisions of this ar ticle shall be gui lty of an off e nce and shall be li able on conviction to imprisonment for a term of one to six months:
Provided that no punishment shall be awarded for the mere act of assault or resistance against any person who, although he shal l have attempted to comme nce, or shall have actual ly commenced to act, shall at the first warning given by the person assaulted or to whom resistan ce is of fered, or by any public authority, desist from the further commission of the crime.

Resistance and violence against local wardens.

19A. A plain clothes local warden shall only be entitled to enforce the provisions of legislation listed in the Schedule, which schedule may be am ended by v i rtue of a notice made by the Minister.

Plain clothes local wardens.

Added by: XIII. 2005.38.

20. The provisions of articles 112, 113, 114, 115 and 119 of the

Criminal Code shall apply to a local warden.
PART IV

General

21. (1) Every person licensed under this Act shall for as long as he is so licensed be covered by an indemnity insurance, in such manner and for such amount as may be prescribed against any liability which such person may incur for compensation in respect of any loss or damage that any other person may suffer as a result of any act done or omitted to be done by the person aforementioned or by any of his employees in th e carrying out of any services provided under a licence issued in accordance with the provisions of this Act. Such insurance shall be made by the employer if the person licensed is an employee.

Abuse of authority. Cap. 9.

Indemnity insurance.

(2) Every person bound to be covered by an indemnity insurance under this article shall each year within a week of taking ou t or renewing such indem n ity i n surance i n form the Commissioner in writing of the insurance company and the relative number of the insurance policy.
(3) For the purposes of this article every person bound to be co vered by an i ndemni t y insur a n c e shall , to gether with th e information required under subarticle (2), submit a list of persons, if any, employed with him.
(4) Any changes to the list of employees submitted under the provisions of subarticle (3) shall be notified to the Commissioner within one week from the occurrence of any such change.
(5) Any person who fails to comply with any of the provisions of th is art i cl e s h a ll be dee m ed to operate wi thou t the li cence required under this Act.

Use of uniforms. Amended by: XXII. 2010.7.

22. (1) Every person licensed as a local warden shall, while on duty and only during such time, or while travelling to or from his turn of duty, wear such distinguishable uniforms and other identity and , o r , distin ctive badges or m a rks as approved by th e Commissioner.

(2) Every person licensed as a private guard, licensed as a specialised private guard or a private guard at a place of entertainment shall carry such identity card or document as shall be pr es cr ibed and s h a ll we ar suc h distinctiv e uniform and other identity and, or, distinctive badges or marks as may be prescribed.

Courses approved to provide training, etc.

Amended by: XXII. 2010.8.

Power to make regulations. Amended by: XXII. 2010.9.

23. No person shall provide courses for the provision of academic, training and other qualifications that may be required for a person to obtain or hold a licence as a private guard, a specialised private guard or a private guard at a place of entertainment or as a local warden, unless the said courses are approved by the Minister in accordance with regulations as may be prescribed.

24. The Minister may make regulations for the purpose of carrying into effect the provisions of this Act, and may, without prejudice to the generality of the foregoing, by such regulations prescribe -

(a) fees payable under this Act or for any services under or pursuant to this Act, and different fees may be so prescribed for different services or for different licences under this Act;
(b) the forms to be used for any of the purposes under this
Act;
(c) the academic, training and other qualifications that may be necessary for the granting or holding of a licence under this Act;
(d) for the approval of courses to provide academic, training and other qualifications necessary for the granting of a licence under this Act;
(e) standards and conditions to be met for the provision of
services under this Act, and for the reporting of measures adopted in order to comply with such standards and conditions;
(f) anything that may or is to be prescribed under this Act:
Provided that in the case of regulations made in relation to loca l wardens, loca l warde n se rv ice s or wa rde n agencies, such regulati ons shall b e made wi th th e co ncurrence of t he Minister responsible for local government.

25. Any person -

(a) who operates a private guard agency or a warden agency in contravention of any of the provisions of this Act or of any licence issued thereunder or acts in breach of the provisions of article 23, shall be guilty of an offence and shall be liable on conviction, to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) and to imprisonment for a term not exceeding one year or to both such fine and imprisonment;
(b) who acts or is employed as a private guard, a specialised private guard or a private guard at a place of entertainment or as a local warden in contravention of any of the provisions of this Act or of any licence issued thereunder shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding four thousand and six hundred and fifty- eight euro and seventy-five cents (4,658.75) and to imprisonment for a term not exceeding six months or to both such fine and imprisonment;
(c) who employs, engages or permits the use of private guard services, specialised private guard services, the services of private guards at a place of entertainment or of warden services in contravention of article 4 or article 15 or otherwise is in breach of any provision of this Act other than those to which paragraphs (a) and (b) hereof apply shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) not exceeding one thousand and two hundred euro (1,200);
(d) who, being a private guard at a place of entertainment or a specialised private guard, exercises excessive use of force or in any other way abuses of the powers conferred upon him under this Act, shall be liable, on conviction, to a fine (multa) not exceeding two thousand euro (2,000) or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

Offences and penalties. Amended by:

L.N. 425 of 2007; XXII. 2010.10.

Added by: XIII. 2005.39. Substituted by: L.N. 491 of 2011.

SCHEDULE
(Article 19A)
Laws or Regulations which may be enforced by Plain Clothes Local Wardens

Legislation Cap. or S.L. number

Particular provisions, if any

Abandonment, Dumping and
Disposal of Waste in Streets and
Public Places or Areas Regulations
Environmental Management Construction Site Regulations
S.L. 504.67
S.L. 504.83
Litter Act Cap. 206 Articles 3, 4, 5, 8. Control of Dogs Regulations S.L. 312.01
Tobacco (Smoking Control) Act Cap. 315 Article 14
Smoking in Public Places Regulations
Management of Bathing Water
Quality Reglations
S.L. 315.04
S.L. 465.09 Regulations 19(1) and (2)