Bouncer regulations remain shelved despite Paceville free-for-all

Government plans to overhaul bouncer and security guard regulations remain shelved despite draft legislation drawn up more than six years ago. 

The Home Affairs Ministry did not reply when asked whether the Bill first drafted in 2017 is scheduled to be tabled in parliament or has been scrapped altogether. 

Back in 2019, MaltaToday had revealed how the detailed Bill was presented to then home affairs minister Carmelo Abela on the eve of the 2017 election. There was no time to action the proposal, but it remained shelved even after the election, with a spokesperson for the new home affairs minister Michael Farrugia then saying the Bill was being “redrafted”. 

The issue of a loosely regulated private guard industry in Malta was once again thrust in the spotlight after Ahmed Adam Idriss Albarjo, 30, from Sudan was filmed getting beaten up by bouncers outside a nightclub venue in Paceville. 

Five people were charged in court with grievous bodily harm. Two pleaded guilty and were fined €100 each. The case against the other three bouncers is ongoing. 

Shelved Bill gathers dust   

The proposed legislation seen by MaltaToday was drafted in the aftermath of the 2015 PlusOne incident in Paceville that saw scores of young people injured. 

The Bill had called for different licencing arrangements for bouncers and security personnel, a requirement for personnel to be covered by insurance, and separate legislation for wardens. 

The draft law sought to address, among others, the issue of unlicensed bouncers that was flagged by a magisterial inquiry into the PlusOne incident. 

The home affairs ministry at the time had tasked experts to draw up new legislation regulating bouncers and security personnel. 

The Bill proposed the setting up of a regulatory authority that would not only issue licences but also monitor the activities of people involved in the security industry. 

Four different types of licences were suggested: private guard, a driving specialised guard, a non-driving specialised guard and a private guard at a place of entertainment. 

Anyone issued with a licence would have to be covered by an indemnity insurance, which would cover any damage, injury or death caused by the negligence of the individual. 

The proposal listed different penalties, including those for the use of excessive force. 

It also outlined the training courses the individual had to take before being issued with a licence. 

The draft presented to the ministry included a detailed breakdown of course material to be covered. This included training on how security personnel should address difficult situations without the use of excessive force and how and when minimum force should be used. 

The Bill also established penalties for those working in the sector, including a €25,000 fine and prison term not exceeding one year for those caught working as security guards without the relevant licence. 

Excessive force would have been penalised under the draft law, with a fine not exceeding €2,000 and a prison term not exceeding 12 months. 

Speaking to MaltaToday in 2019, a home affairs ministry spokesperson had said discussions with various stakeholders were underway. “The Bill is in an advanced stage and will soon be presented to the government,” the spokesperson had said. Five years on, the Bill has not seen the light of day. 

Replying to questions by this newspaper this week, a spokesperson for the ministry made no reference to the Bill, instead opting to explain how government is “always open for more reform and investment.” 

“Having a security licence does not give you a licence to commit acts of violence. The appalling act of violence that happened in Paceville is a question of basics, violence is simply not on. The Malta Police Force did allocate more resources and operates in a more intelligence-led policing in the area. In fact, according to the last annual crime report published, a significant drop in bodily harm crime was registered in St Julian’s. The third lowest in 25 years, with only 2020 and 2021 (COVID-19 pandemic years) registering lower years,” he said. 

He also said LESA, the local enforcement agency, is investing in technology projects, “including using cameras connected to the agency’s control room and the Police Corps, in order to serve not only as a deterrent but also as a means of action against abuse and criminal action.” The technology is expected to be rolled out in St Julian’s and Paceville in 2024. 

Number of registered bouncers stays the same for five years  

A police spokesperson told this newspaper that Malta has 105 persons who have a Private Guard Licence for entertainment areas. This was the same figure provided by the police in 2019.  

The spokesperson also said that between 2021 and 2023, five people were charged with working as a bouncer without the required licence. 

But the number of officially licensed private security guards jars with the sheer number of entertainment establishments, retail outlets, shopping complexes and events that require security personnel to be present. 

Philip Fenech, who is the SME Chamber spokesperson for hospitality and leisure, believes the official number of licensed security guards does not represent the full picture. 

“You need around two bouncers for every establishment. So, I think if we are talking about a proportional number of bouncers for Paceville, which has around 15 clubs and bars the number is more than adequate. But if you look at the wider picture of all entertainment venues in Malta, I feel the number of licensed personnel is a bit stretched,” he said. 

For Fenech, the crux lies in ensuring proportional force when dealing with problematic situations. “I don’t expect them to handle people who refuse to obey the rules or are aggressive with silk gloves, but we cannot go to the extreme lengths we saw on that horrible video where they are kicking him when he is on the ground and not doing anything.” 

He said proportionally restraining people when faced with such situations could help in reducing incidents like the one on New Year’s Day.