June SIA Update
SIA Update
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We are half way through the year and we have some interesting and exciting updates in this month’s newsletter. For example, we have launched our #SaferNightsOut campaign to make the night-time economy a safer place for both security staff and people on nights out.
 
This month we also share guidance on the use of drones and whether you may need an appropriate SIA licence. We have also announced a revised timetable for the new security qualifications.
 
In our public protection section, we remind security businesses of their responsibilities when using sub-contractors or labour providers when delivering security industry services. Please read and share this guidance.
 
This month’s enforcement update highlights that for the first time there have been successful prosecutions in each of the four nations. These include unlicensed directors based in Northern Ireland and Luton and a suspended door supervisor.
 
In the ‘Licensing Matters’ section this month we are promoting a new resource called ‘You’re trained – what now?’, to help anyone who has recently received their private security qualifications to understand their next steps. Our ‘Explaining the Licensing Process’ article looks at the Disclosure and Barring Service consent statements included in our licence application form. Finally, you can find out about the latest industry events.
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Licensing Matters
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SIA NEWS
We’ve launched our #SaferNightsOut campaign to address violence in the night-time economy
We’re running a national campaign in June and July that aims to make the night-time economy a safer place for both security staff and people on nights out.
 
The campaign, which started on Monday 17 June, involves SIA investigators visiting pubs, bars, and clubs in towns and cities across the UK to meet door staff.
 
Our focus is to promote safer restraint techniques to door supervisors, whilst encouraging them to report violence or abuse that’s directed towards them.  We’ll be sharing posters and leaflets on social media throughout June and July under the hashtag #SaferNightsOut.
 
Ed Bateman, our Director of Partnerships and Interventions, says:
"Since 2016 we’ve recorded ten deaths associated with restraint techniques used by security personnel. This campaign aims to reduce these risks by ensuring that security staff know, and use, the safer restraint techniques mandated in their training.

At the same time, we’re aware that security personnel are increasingly facing verbal and physical abuse in the workplace.  It’s not ‘all in a day’s work’ for a door supervisor to return home to their family facially scarred, or otherwise injured.  We want door supervisors to report verbal or physical abuse to the police, or to their employers, or to us via our website.”
We are sending every licence holder a copy of our ‘Safer Physical Intervention’ leaflet. This will be followed up by visits from SIA investigators to venues in 22 towns and cities across the UK.  They will be sharing information on safer restraint, listening to the concerns of security staff, and encouraging all door staff to report violence and abuse against them.
 
Kevin Young, who manages our South East Region Partnerships and Interventions team, is leading the campaign.  He says:
“We’re looking forward to meeting door staff and having these important conversations. We’re asking venues and security staff to look out for our #SaferNightsOut messages on social media – and for them to share and engage with our posts while the campaign is running, which is from Monday 17 June to Monday 15 July.”
Please click on the links to download our: Please pass on news of the campaign to your staff. 

We’ve also created three posters encouraging security staff to report violence and abuse against them, which you can find on the #SaferNightsOut campaign page.
For more information visit our safer nights out page
Guidance for drone operatives 
We've published the following advice on our website about using drones for security purposes.

If you’re using a drone (unmanned aerial vehicle) to watch or record video for security purposes, then you may need an appropriate SIA licence.

This information is intended as general guidance. It’s not possible for us to cover all situations in which drones may be used. You should seek independent legal advice if you’re in any doubt as to whether your specific circumstances require you to hold an SIA licence.

When you need a front line licence
A drone will usually produce a video feed that is viewed live by someone in another location, or is recorded and then viewed later.
You need a Public Space Surveillance (CCTV) licence if all of the following statements are true:
  1. You use CCTV to watch members of the public or to identify particular individuals.
  2. You use CCTV to guard against disorder or to protect individuals from assault*.
  3. Your services are supplied under contract to a client.
You need an SIA licence if all of the following statements are true. This could be for public space surveillance (CCTV), close protection, door supervision or security guarding.
  1. You use CCTV to watch members of the public or to identify particular individuals.
  2. You use CCTV to identify a trespasser or protect property*.
  3. Your services are supplied under contract to a client.
*This includes the use of CCTV to deter these things from happening, or to provide information about them if they do happen.
You still need an SIA licence even if the CCTV footage you are viewing is from a camera mounted on a drone.

When you need a non-frontline licence

You need a non-front line licence if:
  • You won't personally be doing the activity described above, but will be managing or supervising people who will.
  • You're a partner or director in a company using drones for such purposes.
When you don't need a licence
You don't need an SIA licence if you are using a drone and:
  • You don't watch the footage from the drone.
  • You only watch footage from the drone in order to pilot it.
 
For more information and guidance on regulations and the use of drones visit the Civil Aviation Authority website.
Read about our guidance on drones on our website
SIA blog – Proceeds of Crime Act (POCA) 

In our latest blog, our Criminal Investigations Manager, Nathan Salmon, discusses how we use the Proceeds of Crime Act (2002) to maximise the penalty for individuals convicted of offences under the Private Security Industry Act 2001.

Read this month’s blog, make a comment and share your opinions.

Read our latest blog online
Revised timetable for new security qualifications
Updated licence-linked qualifications will be available from 1 April 2020. The new qualifications will incorporate improvements suggested during the consultations we ran in 2018 and 2019. Qualifications awarded before 1 April 2020 will still be accepted for new licence applications and renewals.
 
The results of the second consultation that took place earlier this year are now available.
Read the report on the second skills and qualifications consultation
PUBLIC PROTECTION
Events and sub-contracting guidance 
With the event season entering a busy period, we want to remind you of your responsibilities when using subcontractors or labour providers when delivering  security industry services.
 
We are aware that some security businesses will make use of labour providers to meet operational demands.
 
An SIA approved contractor or security business may have several income streams. Some may fall outside of the scope of the SIA and the ACS. The provision and supply of labour may be one and therefore there is no guarantee that the individual(s) supplied meet the requirements of the ACS.
 
Approved contractors need to be confident that the individuals deployed are who they say they are, and are fit and proper, hold a valid licence and are legitimate irrespective of whether they have been sourced from another approved contractor.
 
Please ensure you follow HMRC guidance regarding due diligence record keeping for the use of labour providers.
 
Details on due diligence for the use of labour providers can be found on the HMRC website.
Download our guidance from our website

You Can ACT pilot complete   

Our pilot for the ‘You Can ACT’ training started in June 2018 and concluded in Aberdeen on 14 May 2019. Over the period, about 800 participants joined one of 20 events across Scotland.
 
You Can ACT is a counter-terrorism awareness-raising session designed specifically for front line security staff providing them with the opportunity to share best practice during the session. The ‘You Can ACT’ training package is the result of a co-ordinated approach between the SIA, Police Scotland and the National Counter Terrorism Security Office (NaCTSO) - three organisations with the common aim of protecting the public. The Security Industry Safer Scotland (Counter Terrorism) Group won the best UK and Ireland Counter Terrorism project award for their support of Police Scotland’s ‘You Can ACT’ awareness-raising initiative.
 
The feedback was extremely positive. 93% of delegates said the experience of ‘You Can ACT’ was ‘good’ to ‘very good’. We listened to feedback from the private security industry and reduced the face-to-face time by introducing an e-learning element, which gave busy security operatives more flexibility.
 
Now that the pilot is complete, we will continue to work in partnership with Glasgow Caledonian University to evaluate ‘You Can ACT’ and conduct a feasibility study for it to be rolled out across the UK.
 
We would like to thank all of the businesses who allowed their staff to participate, as well as all of the security operatives who came in their own time and provided us with feedback. In the meantime, we encourage you to sign up to the free ACT Awareness e-learning designed by NaCTSO and ensure that all of your staff get their certificate of completion.

You can register here for the free ACT awareness eLearning
ENFORCEMENT UPDATE
Convicted Portadown fraudster jailed for breaching his probation
Last Thursday (20 June) Steven Nixon (47) of Portadown and owner of Eventsafe Security was imprisoned for four months. Mr Nixon ignored his 100-hours community service order which was part of the sentence handed to him at Antrim Crown Court on 12 December 2018.
 
Last December following our prosecution Nixon was sentenced to nine-month’s imprisonment for fraud, and three months for supplying unlicensed security operatives. Both jail sentences were suspended for three years and he was also required to do 100-hours unpaid work. At the time the judge, Her Honour Judge McReynolds warned Nixon of the implications of his non-compliance with the community service order.
 
Following sentencing in December there were repeated attempts by Probation Services to engage Nixon regarding the completion of his community service obligation and he avoided contact with them. He missed an induction interview and was sent a warning letter at the end of December and a final warning letter in January.
 
We are pursuing the confiscation of Nixon’s assets under the Proceeds of Crime Act (2002). He will appear before a hearing at Antrim Crown Court on  September 9, 2019. 
Suspended door supervisor pleads guilty to working unlicensed
On 12 June, Alan Blake (35) of Cardiff pleaded guilty at Merthyr Tydfil Magistrates’ Court to working as a door supervisor despite having had his licence suspended following his conviction for criminal damage at Glamorgan Valley Magistrates’ Court on 19 April 2018.
 
Blake admitted to working illegally at Merthyr Tydfil’s Iron Dragon pub in October and November last year. We brought the prosecution, having already suspended Alan Blake’s licence in October 2018 due to the earlier criminality.
 
South Wales Police alerted us as they suspected that Alan Blake was still working as a door supervisor after his licence was suspended.
 
The police were able to confirm that Blake worked at the Iron Dragon on five occasions in October and November 2018. 
 
We subsequently interviewed Alan Blake. He admitted to using his brother’s licence details (unbeknown to his brother) to enable him to resume his role as a door supervisor. Alan Blake worked under contract to Amber Taverns, the pub chain that manages the Iron Dragon. We are continuing our investigations into Blake’s employer.
 
Mr Blake was sentenced to pay a fine of £300 and is required to pay court costs of £500 and a victim surcharge of £30.
 
Nathan Salmon, one of our Criminal Investigations Managers said, today:
“Alan Blake deliberately disregarded the licensing regime as he continued to work as an unlicensed door supervisor when his licence was suspended. The process of suspensions is necessary for the SIA to assess the suitability for someone to hold a licence and ensure public safety. This was a course of conduct with offending on five separate occasions over a period of three weekends. He also dishonestly used his brother’s licence number to obtain employment and bypass the regulatory regime which is enshrined in law to protect the public.” 
Repeat offender Luton security boss pleads guilty to working without a licence  
On Tuesday 4 June in Luton, Robert Dass pleaded guilty to two counts under the Private Security Industry Act (2001) of working unlicensed as both a security director and a security manager.
 
We brought the prosecution against Dass, who admitted being the director of Roberts Nationwide Support Services Ltd. His guilty plea came ahead of a trial at Luton and South Bedfordshire Magistrates’ Court. Dass will next appear at Luton Crown Court on 28 June for proceedings under the Proceeds of Crime Act.
 
Nathan Salmon, one of our Criminal Investigations Managers said:
"The guilty plea entered by the defendant in this case highlights the fact that we will robustly prosecute those who fail to comply with the security industry licensing regime.Our team has had previous dealings with Mr Dass and this action seeks to address ongoing non-compliance with security regulations.
Regulation exists in order to protect those who use contracted security services and the general public, and to ensure the effectiveness of the security businesses that operate within the industry.”
Our investigators were checking licences in London in October 2017 when Mr Dass was identified as manager and supervisor to security staff at one venue. Further investigation revealed that he was also acting as a shadow director. The investigators spoke to the security guards he employed, who confirmed that he was acting as a director, and that they viewed him as the head of the company. Our investigators also gathered evidence from his clients, who were ready to identify Mr Dass as the controlling mind at his trial.
 
Dass declined a formal interview claiming that he was sick, however, he was unable to provide evidence of his illness to us. As a result, we decided to prosecute him for the second time.
 
We had originally prosecuted Robert Dass in March 2016. He was found guilty, along with his business Nationwide Security Management Ltd, at Luton Crown Court of supplying multiple unlicensed security guards at sites across the UK.
 
He was fined £2,000 and ordered to pay costs of £7,000. His company was also found guilty on four counts and was fined £2,000 and ordered to pay costs of £7,000.

Nathan Salmon, added:
“His guilty plea this time shows that Mr Dass continued to act within the security industry as a shadow director and manager of security operatives, trading under a different named company. Shadow Directorships, and creating a ‘phoenix’ business in this manner, is unacceptable to the vast majority of reputable businesses operating within our industry.   We have therefore moved to instigate Proceeds of Crime Act proceedings aimed at removing criminal benefit and curb ongoing involvement in our industry.”
Renfrew based G.W.E. Security Ltd pleads guilty to providing unlicensed security guard in Glasgow  
On Friday 31 May, G.W.E Security Ltd pleaded guilty at Paisley Sheriff Court to supplying unlicensed security guards to a construction site at Westmuir Street in Glasgow. The operations manager of G.W.E Security, David Scott also pleaded guilty.

The company was fined £1350 for providing an unlicensed security guard and David Scott was fined £450 having pleaded guilty to the same offence.

Pete Easterbrook, one of our Criminal Investigations Managers, said:
"The supply of unlicensed security operatives is a serious offence, and I welcome the conviction of GWE Security and David Scott who showed a complete disregard for not only the law but also the expectations of their customers."
Regulation of the security industry has been in place in Scotland for nearly 12 years, and the vast majority of the industry are reputable and provide an important service in terms of protecting the public and property. There remains, however, a very small number of individuals who believe that the law does not apply to them and that they are beyond our reach of the SIA and those of our partners. Those individuals are mistaken, as this result demonstrates."
G.W.E Security, based in Renfrew, was, at the time of the offence, owned by Gillian Elliot and was investigated by the Security Industry Authority (SIA) in 2016.

In November 2016, our Criminal Investigations Team received intelligence that there was an unlicensed security guard working at a construction site on Westmuir Street in Glasgow. The intelligence was accurate and our enquiries revealed that the supplier of the unlicensed security guard was G.W.E Security. It is illegal to provide unlicensed security operatives and as a result, this was reported to the Procurator Fiscal.

Pete Easterbrook also said:
"The nature of the security industry in Scotland has changed dramatically since regulation was introduced. There is no place for unscrupulous security companies and criminality of any sort in the industry will not be tolerated. We will continue to investigate and seek the prosecution of those who engage in unlawful conduct."
Find out about our completed prosecutions
LICENSING MATTERS
You’re trained – what now?  
The private security industry is growing and we want anyone who has recently received their private security qualifications to understand what you need to do next if you want to get a licence.
 
It is important for licence applicants to know that there are a few things they need to do before they can legally work.
 
As a result, we have put some guidance together to help licence applicants understand a few important things before applying for their licence. This guidance includes the following:
  • The jobs you can apply for, and some of the sectors linked to that role
  • What we check when you apply for an SIA licence
  • What happens if you have a criminal record
  • What you need to apply for an SIA licence
  • What to do if you need help with your application
You can download our guidance from our website
Explaining the licensing process 
The DBS Consent Statements
The 'Criminality Information' page of our licence application form includes two consent statements required by the Disclosure and Barring Service (DBS). These ask if the DBS can:
  • Send us an electronic message that tells us if you have a criminal record or not.
  • Send us a copy of your criminal record certificate when they send one to you.
You are asked to select 'yes' or 'no' after each statement. You can see this in the screenshot here.
 
You are free to select no to either question, but doing so can add several weeks to the application process. This is because we won't be able to make our decision on whether to grant you a licence until:
  1. we have sent you a DBS form to fill in;
  2. you have completed the form and sent it back to us;
  3. we have sent that form to DBS;
  4. they have sent your criminal record disclosure to you;
  5. you have sent that on to us.
So, please make sure you only select 'no' if that really reflects your wishes.
Get an idea of whether you will meet our criminality criteria.
UPCOMING EVENTS
Security Twenty 19  
Manchester

Security Twenty 19 is taking place in Manchester in July. It’s a conference aimed at end users, purchasers and those who specify security products and will update attendees on the latest developments in the security sector.
 
We will have a stand at this conference and a member of staff attending. Please come and see us if you have any questions.
Location: Principal Hotel Manchester
Date: 2 July 2019 
Register to attend Security Twenty 19 in Manchester
Security events website
Find out key information about events that may be of interest to the security industry by visiting the All Security Events website.
 
www.allsecurityevents.com
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All reasonable efforts have been made to ensure that the information contained in this communication is accurate at time of release.
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