A licence will be revoked if:
- The licence holder is not the person to whom the named licence should have been issued.
- The licence holder does not have the training qualifications that were claimed on application.
- The licence holder receives a conviction, caution, warning, absolute/conditional discharge or admonishment for a relevant offence.
- The licence holder has been working with an SIA licence without the right to work or we have been informed by the relevant authorities that they do not have the right to work or are in the United Kingdom illegally.
A licence may also be revoked if:
- The licence holder breaks any of the conditions upon which their licence was issued.
- We receive non-conviction information suggesting that there is a case for having the licence withdrawn.
- The licence holder becomes subject to detention or other compulsory measures due to mental disorder.
If we judge it necessary to revoke a licence we will write to the licence holder, providing the basis for our decision and inviting them to supply further information. They will then have 21 days from the date on our revocation letter to provide a response. Their response may address any factual errors in our assessment (for example, an error concerning identity, or an error in assessing their competence or criminal history). We may also invite them to provide mitigating information if their criminality does not place them in the automatic refusal category.
If we do not receive a response from the licence holder within the 21 days the decision to revoke their licence will automatically take effect. We will not write again to confirm this. Once the decision to revoke their licence takes effect they will have 21 days in which to exercise a right of appeal to a Magistrates’ Court or Sheriff Court.
If the licence holder does send in a response we will give it due consideration, and we will write to them to inform them of our final decision. If we decide it is still necessary to revoke their licence they will then have 21 days from the date of this second decision letter in which to exercise a right of appeal to a Magistrates’ Court or Sheriff Court.
Once our decision is made we have no power to revisit that decision, no matter how good the mitigation or obvious the factual error, without the direction of a court.
If the licence holder appeals against the revocation their licence remains valid during the appeal process and they can continue to work while the appeal is pending.
Licence suspensions have immediate effect. This means that the licence holder cannot legally work in any licensable sector even if they work for an approved contractor. We will normally consider suspension only where we are reasonably satisfied that a clear threat to public safety could exist if we did not suspend the licence. This usually means that a serious offence has allegedly taken place, where the licence holder has been charged but bailed. We will suspend a licence in other circumstances if it is in the public interest to do so.
If we judge it necessary to suspend a licence, we will write to inform the licence holder of this, providing the basis for our decision which will have immediate effect. They will then have 21 days in which to exercise a right of appeal to a Magistrates' Court or Sheriff Court. At the same time, they may also wish to tell us of any factual errors in our assessment, for example, an error of identity, or an error in assessing their competence or criminal history.
If a licence is suspended, it will remain suspended until the matter is resolved - for example, we have revoked the licence or the matter that the licence holder has been charged with has been heard and they were found not guilty. We monitor our suspensions and review them every 90 days. If, after a licence has been suspended we judge it necessary to revoke it, we will be revoking a suspended licence. This means that the licence holder will still be unable to work even if they appeal against the revocation.
If an appeal against revocation is successful the licence will normally revert to its suspended status and be subject to the normal review process of 90 days.