Law for regulator on bouncer services expected early next year

The drafting of a new law that would see the creation of a regulator on bouncer services in entertainment establishments is at an advanced stage, the Home Affairs Ministry has told The Malta Independent on Sunday.

Back in November 2017, the government was examining the introduction of a regulator on bouncer services in entertainment establishments but nothing had ever come of it.

News reports in 2017 said that during that year the police had taken action against 10 bouncers who were carrying out their work without a licence issued by the Police Commissioner, and that it was in the wake of these controversies that the Home Affairs Minister

Michael Farrugia wanted to regularise the sector to put an end to such abuse. At the time, the Minister said that they were looking into matters such as who would shoulder responsibility – whether, for example, it would be the owner of the establishment – and also the issuing of further regulations.

Farrugia had said in 2017 that the government had began to consider setting up a regulatory institution which would be responsible, amongst other things, for the granting and revoking of licences for bouncers.

This year, more controversy involving bouncers has emerged, as most recently an allegedly unlicensed bouncer at the Paceville club Havana was charged with grievously injuring a Polish man in a savage beating that was caught on camera early on Sunday morning. He has pleaded not guilty to the charge.

The Malta Independent on Sunday asked the Ministry whether work is still in progress for a regulator on bouncer services and, if yes, for an update regarding what the current stage is. The Ministry was also asked to provide details regarding what the regulator’s job will be and the kind of powers the regulator will have, when it will be set up and whether the government intends to introduce a new type of licence for bouncers.

In response, the Ministry said: “The drafting of the law is at an advanced stage. A number of meetings were held with persons and entities involved holistically. It is being estimated that the law will be presented in the first months of next year.”

Currently, licences for private guards for places of entertainment are issued by the Commissioner of Police through the Police Licenses Office. The police told this newsroom that there are 105 licensed private guards for places of entertainment.

In terms of the current powers granted to bouncers through the law, they have the power to prevent any person from entering a place of entertainment if that person is known to have caused a disturbance at the place in question or other premises, including violent behaviour or harassment of other people.

“Entry may also be denied to any person who refuses to produce an identification document on request, or who appears manifestly intent on causing disturbance, or to a person who appears violent on account of intoxication.

“Where a person causes a disturbance in 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.

“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 detain that person until the arrival of a police officer.”

According to the law, in carrying out these duties: “The private guard at the place of entertainment may exercise minimum force only where the person fails to comply without physical restraint.”

The private guard at the place of entertainment may exercise minimum force only where the person fails to comply without physical restraint