Business Licencing

Overview

From 6 April 2015, it will be a criminal offence for a regulated business to provide licensable individuals to supply security industry services, unless that business has an SIA business licence.

Regulated businesses will need to apply to the SIA to obtain a business licence, and obtain approval for each sector in which they wish to supply security industry services. The relevant sectors are:

• The Manned guarding sectors – Cash and Valuables in                Transit, Close Protection, Door                 Supervision, Public          Space Surveillance CCTV,              and Security Guarding.

• Key holding.

• Immobilisation of vehicles, in Northern Ireland only     (including the restriction and      removal of vehicles).

Practically, this means that from 6 April 2015 it will be a criminal offence for regulated businesses to provide licensable individuals to supply security industry services:

  • without a business licence; or
  • in breach of the approval conditions of that business licence.

The penalty for these offences will be:

  • summary conviction at a Magistrates Court (or the Sheriff Court in Scotland) with a maximum penalty of a fine up to £5,000; or
  • trial on indictment at a Crown Court (or the Sheriff Principal in Scotland) with a maximum penalty of an unlimited fine.

Additionally, if either of these offences are committed by a regulated business, the controlling minds of that business may also be individually liable if it can be shown that the offence was committed with the consent, connivance or attributable negligence of that controlling mind.

You are a body corporate, partnership, unincorporated association or sole trader.

You are business supplying security industry services, regardless of the size of your overall operations.

You are a business supplying security industry services in the following sectors:

  • The Manned guarding sectors – Cash and Valuables In Transit, Close Protection, Door Supervision, Public Space Surveillance, and Security Guarding.
  • Key holding.
  • Immobilisation of vehicles, in Northern Ireland only (including the restriction and removal of vehicles).

Timeline

The diagram below shows a timeline since the changes were announced up to April 2015 when it will be mandatory to have a business licence in order to continue trading:

timeline

What do you need to do?

  • To qualify for a business licence, businesses must demonstrate that they are ‘fit and proper’ to supply security industry services in the private security industry.
  • Businesses must apply for a business licence and obtain approval for each of the sectors in which they wish to supply security industry services.
  • The size of your business will determine the amount of your application and subscription fee, and how you are required to demonstrate that you are ‘fit and proper’ to hold a business licence.
  • The size of your business depends on your annual average head count in the previous year; being the average number of licensable individuals who carried out licensable conduct on behalf of or under the direction of your business over the course of the year.

Business Size                     Average Annual Head Count

Micro-Businesses                            0-10 licensable individuals

Small Businesses                              11-25 licensable individuals

Medium Businesses       26-250 licensable individuals

Large Businesses                              251+ licensable individuals

 

Assessment Criteria

  • Identity – the identity of the business and its controlling minds.
  • Criminality – the criminal record of the business and its controlling minds.
  • Financial probity – the financial and other circumstances of the business and its controlling minds.
  • Integrity – the ethical conduct, honesty and trustworthiness of the business and its controlling minds.
  • Competency – the experience, knowledge, expertise, qualification and history of the business and its controlling minds.

How can we help?

Let us take the hassle out of the business licencing application and maintenance process. We have a team of consultants who are able to guide you through the application process and ensure you put the right processes and procedures in place to succeed in your application.

By utilising our Business Licencing module of the SBM solution you can also make sure you are prepared for you annual returns, yearly subscription fees and are able to demonstrate continued compliance with the assessment criteria and conditions of the business licence.

See link for further details.