On 9 May, at Bristol Magistrates Court, the prosecution of Evans Fullerton Security Guarding Ltd and the director Martin Fullerton, was concluded.
This investigation began when our investigators conducted a customer site inspection on 8 December 2015, at the University Technical College in Salisbury.
During this inspection a security operative was discovered working without a licence, an offence under the Private Security Industry Act 2001.
Mr Fullerton was contacted about the unlicensed security operative employed by the business and on subsequent occasions he then failed to provide the information sought by us. This is an offence under the Private Security Industry Act.
Our Criminal Investigation Team made further enquiries and found that Evans Fullerton Security Guarding Limited had supplied unlicensed security guards under a contract for security services over a twelve month period.
Mr Fullerton refused to speak to us so a summons was served on both Mr Fullerton and the company for multiple offences under the Private Security Industry Act 2001. This included supplying unlicensed security operatives and failing to provide information to us.
At the initial hearing in February Mr Fullerton plead a guilty plea to failing to provide information and not guilty pleas to the other matters. However the court found the Mr Martin Fullerton and the company, Evans Fullerton Security Guarding Limited guilty of all charges.
The company, which has a motion for strike off, was fined a nominal amount of £1. Mr Fullerton as director was fined £1,000, ordered to pay a victim surcharge of £100 and instructed to pay the prosecution costs of £8,927.10. The total sentence imposed was therefore £10,027.10.
SIA Head of Criminal Investigations, Nathan Salmon, said:
“We take all non-compliance very seriously – in this case individuals were not only compromised by working alongside unlicensed staff, [they thought that they were paying the correct tax and national insurance but in fact this was not the case. This has the potential to cause the individuals affected the long term loss of earnings and pension rights”.
- The Security Industry Authority is the organisation responsible for regulating the private security industry in the United Kingdom, reporting to the Home Secretary under the terms of the Private Security Industry Act 2001. The SIA's main duties are: the compulsory licensing of individuals undertaking designated activities; and managing the voluntary Approved Contractor Scheme.
- For further information about the Security Industry Authority or to sign up for email updates visit www.sia.homeoffice.gov.uk. The SIA is also on Facebook (Security Industry Authority) and Twitter (SIAuk).