SIA


Security Supplier Subject To Curfew After Being Found Guilty Of Supplying Unlicensed Guards

Monday, September 5, 2011 Comments Off by Fred Milner

A security supplier has been electronically tagged after being found guilty of supplying unlicensed security guards and failing to provide material to the Security Industry Authority.

Duncan Thorburn, 54, who traded as Thor Security, based in Bolsover, Derbyshire, was found guilty of 17 offences of supplying unlicensed security operatives, two counts of failing to provide material to the SIA, and one count of making a false statement to the SIA.

Thorburn, of Newark Road, Newark, was in addition a director of Thor Security Services Limited, a former SIA Approved Contractor. Seventeen additional counts of supplying unlicensed security guards against Thorburn as director of Thor Security Services Limited were dismissed because the court determined that this company was not the relevant company at the time the unlicensed guards were supplied.

During their initial enquiries, SIA investigators uncovered irregularities in the paperwork submitted by Thorburn. The investigation went on to identify unlicensed security guards George and Kevin Hannah who were being deployed by Thorburn through Thor Security. George and Kevin Hannah were consequently prosecuted by the SIA and fined for working without an SIA licence in October 2010.

Thorburn attempted to hide the fact that he was using unlicensed security guards by failing to provide material to the SIA, altering documentation and falsely claiming that some material was routinely destroyed.

Thorburn entered a not guilty plea in June and this was maintained throughout the course of the trial at North East Derbyshire and Dales Magistrates’ Court in Chesterfield, which concluded on 23 August. Thorburn argued that his sole trading entity Thor Security held SIA Approved Contractor status, as well as Thor Security Services Limited, and thus he was entitled to supply unlicensed guards under Licence Dispensation Notices. He also claimed he was unaware the guards were unlicensed. Both arguments were dismissed by the judge.

The prosecution was able to prove that Thorburn had knowingly and regularly deployed 10 unlicensed security guards to seven customers between December 2008 and June 2010, mainly at construction sites, industrial units and in providing a mobile security alarm response service. The sites were in Derbyshire (Tibshelf, Chesterfield, Derby, Castle Donnington and Bolsover), Yorkshire (Sheffield, Rotherham) and Nottinghamshire (Mansfield).

Thorburn was sentenced to a six-month community order, during which time he is required to observe an electronic tagging curfew between 9pm and 7am, and was ordered to pay £1000 towards prosecution costs.

Of Thorburn’s deployment of the unlicensed guards, Judge Caroline Goulborn said Thorburn was “in control of the company” and therefore had “ultimate responsibility.” Thorburn could not rely on the defence of not knowing the guards were unlicensed because he “had sole responsibility for hiring, firing and training”, and the evidence of witnesses was “overwhelming,” she added.

Of his failure to provide material to the SIA, Judge Goulborn said: “In my view, that was an attempt by Thorburn to try and hide the fact that his company was using unlicensed guards and I find no reasonable excuse for Thorburn’s non compliance. “Thorburn deliberately kept back information from the SIA and that documentation which had been available was deliberately destroyed, a serious offence.”

SIA Head of Investigation Sara Brennan said: “This is the first SIA prosecution where electronic tagging has been a penalty and I am satisfied with the decision of the Court. This investigation uncovered a large number of offences, which demonstrated a prolonged willingness to supply unlicensed security guards, presenting a potential risk to the public.

“A thorough investigation was not deterred by incriminating information being doctored by Duncan Thorburn prior to being handed to the SIA. A number of witnesses courageously provided evidence on behalf of the SIA, which led to this conviction.”

Tagged , , , ,

SIA launches new enforcement page

Friday, April 8, 2011 Comments Off by Fred Milner

The SIA has launched a new page highlighting enforcement activities led or assisted by investigators from the Compliance and Investigation team.

The ‘Enforcement Operations’ page contains details of locations where operations took place, the number of sites inspected, details of partners involved and the total number of offences found.

Director of Compliance and Enforcement Dave Humphries said: “An integral part of the Compliance and Investigation team’s remit is to work closely with police, local authorities, training providers, trade associations, industry representatives and other government agencies to maintain high levels of compliance within the private security industry. I am pleased that we will be able to highlight this important aspect of our work through the new page on the website.”

The new page can be found in the ‘Enforcement and Penalties‘ section of the SIA website.

SIA Website

Tagged , ,

Operation Nevada Reveals Major Training Malpractice

Tuesday, February 22, 2011 Comments Off by Fred Milner

Four London-based training providers can no longer provide SIA licence-linked training and 300 qualifications have been withdrawn following a wide-scale investigation into training malpractice.

After the SIA received intelligence about the centres, Operation Nevada was launched involving SIA investigators, the Metropolitan Police, awarding bodies (HABC, EDI, Edexcel), the qualifications regulator OfQual, and the UK Border Agency. One individual has been arrested by police on suspicion of fraud, and the police and the UKBA are continuing to investigate various offences.

Unannounced visits led by the SIA took place at training providers in locations across London and South East of England on 12 November 2010. Evidence was found of serious training malpractice, such as the centres registering candidates and awarding them certificates when they had not sat the examination.

As a result, four London-based training providers – Divine College, St Joseph’s College of Science and Technology, ME Training and Inter-Continental College – have had their approval to provide training withdrawn by their awarding bodies.

More than 300 certificates awarded to candidates registered with these centres have been withdrawn. Of these qualifications, 69 had been used to obtain an SIA licence (Door Supervision), all of which have been suspended. These licence holders have a 90 day period following the suspension to gain a valid qualification, after which time their licence will be revoked.

SIA Director of Compliance and Enforcement Dave Humphries said: “Investigations into allegations of training malpractice are a key part of our compliance activity. In the interest of public protection it is vital that all operatives working in the security industry are properly trained to deal with the demands of their role.

“This operation involved very successful joint working with partner organisations and has provided a model that will be used again in the future to close down training providers where there is evidence of misconduct.”

Tagged , ,

Police Welcome Conviction Over Unlicensed Door Staff

Sunday, January 16, 2011 Comments Off by Fred Milner

Police have secured a conviction for two people in relation to providing unlicensed door supervisors at a Penzance nightclub.

On Thursday 13 January 2011 Christopher Nicholas, who runs a company called Maximum Security, pleaded guilty to providing unlicensed door staff to Matts Bar, Penzance, during the summer of 2009.

At West Cornwall Magistrates Court, in November 2010, Mr Nicholas’ partner and employee Samantha Elson Jones had already pleaded guilty to working as a door supervisor at the club while unlicensed.

The magistrate gave Mr Nicholas a twelve month conditional discharge and ordered him to pay £1,000 towards costs. They gave Ms Elson Jones a community order and ordered her to work 60 hours unpaid.

Sgt Marc Sayers, of the Penzance Neighbourhood Policing team said:

“This case is a good example of partnership working between Devon and Cornwall Police and the Security Industry Authority to tackle one of the challenges facing the night time economy in Penzance. There are obvious risks involved with the use of unlicensed door staff, which is why the legislation is in place.”

SIA Head of Investigation Paul Cartlidge said:

“Christopher Nicholas showed a lack of care to the venue’s customers when he supplied unlicensed door staff who were not legally entitled to work so I am pleased with the outcome of this case. It is important that individuals working the doors and those supplying them comply with the law and we will continue to work with the police to ensure public safety is being maintained.”

Tagged , , , ,

The future of the Security Industry Authority (SIA)

Friday, October 22, 2010 Comments Off by Fred Milner


“Bonfire of the Quangos’

At 9.35 am Thursday 14 October 2010, the Security Industry Authority (SIA) fell under the Coalition Government’s axe as part of the much-debated Austerity 2010 public spending cuts.

As expected, Francis Maude – Minister for the Cabinet Office – summarised plans to substantially reform a large number of public bodies across Government (a reform dubbed by many to be the ‘Bonfire of the Quangos’, and more of which anon).

Next to the SIA’s inclusion on the official Government ‘hit list’, the wording reads: ‘No longer an NDPB: phased transition to new regulatory regime’.

In plain English rather than political jargon, this means our sector’s Regulator is soon to be no more (at least as far as its present form and functions as a Non-Departmental Public Body or ‘quango’ are concerned).

Here’s what the Home Office statement says in full…

“The Government is committed to making substantial reforms to its public bodies, increasing accountability and reducing their number and cost.

“As part of the Public Bodies Review, the SIA was considered against the Cabinet Office’s tests of retention. We concluded there was no evidence that the functions of the SIA needed to be performed by a public body, and that it did not meet the three tests of performing a technical function, impartiality and establishing facts transparently.

“The private security industry has matured in the six years since SIA regulation began in England and Wales. We believe the time is now right to make a phased transition to a new regulatory regime.

“Ministers from the Scotland and Northern Ireland Governments have been consulted. They want to ensure that regulation of the private security industry continues in their countries.

“How this will work is a policy decision for the devolved administrations to make. We will work with them to ensure that transitional arrangements continue to operate until such time that a new regulatory regime is in place.

“Until the new regulatory regime is in place, the current law will continue to apply. It will remain mandatory for any person undertaking licensable activities to hold and display a valid SIA licence, and it will remain a criminal offence to work without a licence.

“The SIA and other agencies will continue to enforce these offences.”

Tagged , ,