Bouncer rules in disarray

Much-vaunted new licensing regulations for bouncers and security guards appear to be in disarray after the deadline for their full application was extended for the second time – just days before it was due to expire.

Now the government realised it messed up, we’re back to square one

The new regulations, which distinguish ‘private guards at a place of entertainment’ from ‘specialised private guards’, were originally supposed to be fully applied by October 1, 2011 – allowing a six-month transition period from when they were first announced in a legal notice.

However, another legal notice published on August 12 extended the transition period to January 31, by which time all security guards on duty were supposed to be in possession of the new licences.

Last Wednesday, The Sunday Times contacted the Home Affairs Ministry to ask how many new licences had been issued, how many security companies had been granted the right to run specialised courses in accordance with the new regulations, and how many new licence holders had attended such a course ahead of the looming deadline.

The ministry finally responded to repeated efforts to contact it yesterday by saying: “Following further consultations with the stakeholders in the sector, the ministry has decided to extend the deadline for the application of the new provisions relating the specialised private guards and private guards at a place of entertainment. The sector specifically requested more time in order to be fully able to comply with the new provisions.”

A ministry spokesman confirmed that a legal notice announcing the deadline extension had not yet been published but it would be “in due course”.

He said a date had been chosen for the new deadline but this could only be announced when the legal notice was published.

The new rules had been drafted in response to years of complaints that the security industry lacked proper regulations and that some security guards at entertainment hotspots, particularly Paceville, were untrained and prone to violence.

To qualify for the new licences, applicants have to submit proof to the Police Commissioner that they have served for a period of five years – either in Malta or abroad – in the police, armed forces or prison services, or for an accumulated period of five years as a private guard.

The new regulations also stipulate that the Police Commissioner may require any licence applicant to attend a specialised training course.

But industry stakeholders who spoke to The Sunday Times slammed the new regulations as unworkable and said they were drafted without proper consultation with security companies and bar owners. Sources dismissed the five-year experience requirement as “completely unrealistic” in Malta’s context.

“No ex-policeman or army officer is going to want to spend their weekends dealing with revellers in Paceville,” a source who runs a security company said.

He said that less than a third of his workforce had the necessary five years’ experience. A request to meet with Home Affairs Minister Carmelo Mifsud Bonnici and explain difficulties had remained unanswered, he added.

Another industry insider, who manages a popular Paceville bar, decried the lack of government consultation with stakeholders. “We were just given these regulations and told to get into line. Now they’ve [the government] realised they messed up, so we’re back to square one.”

He confided that industry stakeholders were gearing up to circumvent the “poorly thought out” regulations through legal loopholes.

“It’s not something we’re happy about, but what are the options? Sticking to the spirit of the law would mean not having enough bouncers to ensure patrons’ safety. It would be absolute chaos.”