Tag Archives: Regulation

Security Industry Authority promotes safer security at Reading’s student haunts

On the evening of Saturday 8 December, the Security Industry Authority’s (SIA) South East Partnerships and Interventions Team and Thames Valley Police officers called at Reading’s top student pubs and clubs to share Best Practice guidance on safer physical intervention for door supervisors as a reminder of how to keep their clients and themselves safe.

The initiative marked the Reading launch of a campaign designed to improve students’ safety during the Christmas party season. The SIA team members shared posters and leaflets on ‘Safer Physical Intervention for Door Supervisors’ with four top student pubs. The information features guidance and illustrations of Best Practice for safer restraint. This is intended as a quick reminder for door supervision licence holders and relates to the training they received in physical intervention.

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Kevin Young, the SIA’s regional investigations manager for the South Region, stated that the initiative is a positive way in which to promote safer working practices at venues where acts of violence or aggression could occur.

“We want students and young people to have a great night out and go home this Christmas unharmed. Of course, we also want to ensure the safety of the licensed door supervisors who work at these venues, the majority of whom do a very good job in what can be challenging circumstances. This latest initiative builds on an existing partnership between the SIA and Thames Valley Police designed to reduce the levels of violence induced by what can ve high levels of alcohol consumption at Reading’s nightspots.”

The initiative is supported by Thames Valley Police (Reading) and the University of Reading.

In addition, the campaign seeks to persuade businesses and door supervisors in Reading’s night-time economy to report incidents to the police such that the SIA can form an accurate picture of the level of violence that takes place against students and door supervisors. Incidents can be reported anonymously to Crime Stoppers on 0800 555 111 or via the Regulator’s website.

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East London security bosses sentenced for supplying unlicensed officers to Upton Park development

On Thursday 22 November, Martin Makesa (49) of Bettons Park in East London, the sole director of London Guard Security Limited, and Emily Kamau (35) from Stratford and a former company director, were sentenced at Snaresbrook Crown Court. They were found guilty of providing unlicensed security officers which is an offence under the Private Security Industry Act 2001.

Makesa and Kamau received a sentence of three months’ imprisonment (suspended for 18 months) and have been required to do 80 hours’ unpaid work. They were ordered to pay £2,000 each and disqualified from holding company directorships for five years. The pair are also required to pay a victim surcharge of £115 each.

The company, London Guard Security Limited, was ordered to pay £12,134 and now has 12 months to make the payment. This follows on from the prosecution of Makesa and Kamau by the private security industry’s regulator, the Security Industry Authority (SIA). Makesa and Kamau were found guilty on Friday 26 October following a two-week trial. Full costs were awarded by the court to the SIA.

An SIA investigation began because Makesa’s business, London Guard Security Limited, was sub-contracted to provide SIA-licensed security officers by Crystal Security Services Ltd at the redevelopment site of Upton Park, the former home of West Ham United FC. Emily Kamau was a manager of London Guard Security Limited at the time. Crystal Security Services Ltd had a contract with Barratt Homes (London), the developers of the site, to provide security while filming was taking place at the site.

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Unlicensed and untrained operatives

Nathan Salmon, the SIA’s criminal investigations manager, commented: “The defendants in this case sought to satisfy a sub-contract by using unlicensed and, ultimately, untrained security operatives. However, this offered little protection to their customer Crystal Security Services Ltd or to the general public. This created uncertainty regarding the suitability of those operators to perform the role, and whether they had previous criminal offences and/or the right to work in the UK. In addition, the defendants sought to frustrate proceedings by making unproven allegations and providing fraudulent material during the trial. These assertions were, quite rightly, rejected by the Jury and the defendants were convicted.”

SIA investigators carried out routine checks twice on 30 August 2016. Upon arrival on the first occasion, several security officers ran from the site. It was strongly suspected that they were unlicensed. On the second visit, several security officers were found to be working on expired licences and using an invalid Licence Dispensation Notice (an SIA licensing mechanism).

A subsequent investigation found that a security officer (employed by London Guard Security Limited) had handed Mr Makesa his expired SIA licences on the understanding that he would be given employment and would be re-licensed by London Guard Security Limited. This did not occur and, instead, this individual’s personal details were used as a cover to deploy a different, unlicensed security officer to the site on multiple occasions.

Regulatory framework in place

His Honour Justice Southern said at court: “Parliament has seen the need to put in place a regulatory framework to ensure that only those who have been properly trained and assessed as competent and suitable are deployed to work as security officers. In committing these offences, you have circumvented those requirements and, in so doing, have fundamentally compromised and undermined the integrity of the regulatory framework and so deprived the public of the protection that it is designed to provide.”

His Honour Justice Southern continued: “These offences are aggravated by the way in which they were carried out in that documentation was falsified to cover up the fact that a systematic and deliberate disregard of these requirements was being pursued by you for personal financial gain. For these reasons, the offences are so serious that only a custodial sentence can be justified. Also, as in committing these offences you employed false representations as to identity and were knowingly concerned with the production of false documentary records.”

Representations were made to the judge as Mr Makesa has recently acquired a legal qualification and that a conviction would curtail his ability to practise law. With this conviction, Mr Makesa will also be unable to hold an SIA licence in the future.

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SSAIB appoints Dougie Callander as new manned services scheme manager

The Security Systems and Alarms Inspection Board (SSAIB) has named Dougie Callander as the organisation’s new scheme manager for manned services after predecessor David Taylor made the decision to step down from the role over the summer.

With over 19 years of experience in the security industrym having entered the security world straight from school, 37-year-old Callander has spent the last decade working as a regional investigator for the Security Industry Authority (SIA), where he also completed a seven-month stint acting as regional investigations manager for the Regulator’s compliance and investigation department during 2012-2013.

While working for the SIA, the new Scotland-based scheme manager also played an integral part in a multi-agency team co-ordinating the regulation and quality assurance at high-profile events such as the London 2012 Olympic Games, the G8 Summits in Northern Ireland (2013) and Cardiff (2014), the Glasgow 2014 Commonwealth Games and the 2014 Ryder Cup tournament.

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Dougie Callander: new role at the SSAIB

After building up a wealth of experience in his previous employment at the SIA, Callander is now looking to use what he has learnt so far to “bring a new dynamic to the SSAIB.” He told Risk Xtra: “While working for the SIA and within the security industry over the last ten years, I’ve been aware of the excellent reputation that the SSAIB enjoys within the industry and the work the organisation has done to help raise the performance standards within the Approved Contractor Scheme (ACS). Most importantly, I also know of the part the SSAIB has played in safeguarding the integrity of the ACS by ensuring that all assessments are fair, proportionate and transparent. For me, it’s essential that the SSAIB continues to perform to the high standards already set.”

Callander added: “I like to think I’m a champion of change. I always promote Best Practice. Therefore, I believe that my unique and diverse background, as well as my knowledge of the SIA and the ACS, will bring a new dynamic to the SSAIB. I’ll be able to offer fresh ideas on ensuring that we continue performing to a consistently high standard.”

Departing manned services scheme manager Taylor – who joined the SSAIB back in June 2014 – will continue as a part-time manned services assessor for the time being. The organisation would like to thank him for all of his hard work during his time as manned services scheme manager.

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Belfast door supervisor prosecuted for working without SIA licence

On 15 May at Laganside Magistrates Court in Belfast, Gareth Henry was prosecuted by the Security Industry Authority (SIA) and found guilty of working without a licence.

The SIA was alerted to Henry’s behaviour last October by the Police Service of Northern Ireland (PSNI). They had received reports of Henry using excessive force at a bar on Dublin Road in Belfast. SIA investigators visited the venue where Henry worked and found that he was working without a licence.

The investigators discovered that Henry had previously held a licence, but that it had expired in 2013. He was cautioned for working without a licence in 2016 by the PSNI and in response submitted an application to the SIA, which was refused. At this point, Henry changed jobs.

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In December, SIA investigators interviewed the general manager at the bar where Henry was working. Further enquiries revealed that Henry had been working at the bar for over a year. When SIA investigators interviewed Henry, he admitted to working without a licence. The SIA consequently prosecuted him.

Laganside Magistrates Court found Henry guilty. He was ordered to pay a fine of £250, fixed costs of £92 and an offender’s levy of £15

SIA criminal investigations manager Pete Easterbrook said: “The SIA exists to protect the public. Our licensing regime is designed to ensure that those individuals who may represent a risk to the public are not able to work lawfully in the security industry.  The fact that this case was brought to our attention through an allegation of excessive force only serves to highlight the risk posed to the public through the use of unlicensed security operatives.”

Easterbrook concluded: “Despite having been previously cautioned for working without an SIA licence, Gareth Henry continued to work as a door supervisor and took steps to avoid being detected. This prosecution serves as a reminder that undermining the safeguards provided by regulation is entirely unacceptable. Those doing so can expect to be brought before a court.”

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Electronic Fire and Security Industry Symposium 2018 topics announced by Euralarm

The newest edition of the Euralarm Symposium will take place in Bucharest on 4 June next year. In five years, the conference has established itself as one of the most important when it comes to significant market developments in innovation, legislation, regulation and standardisation as they affect the electronic security and fire safety sector.

Never shying away from controversial topics impacting the industry and with a view to providing business relevance, the annual event is aimed at Euralarm members, namely companies within the industry and national associations across Europe. It’s set to attract a large crowd. Notably, European stakeholders – both from institutions and advocacy groups – are expected to join the conference.

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Topics for the 2018 Euralarm Symposium have been chosen for their broad appeal. The common thread will be the continually changing business environment and how this can be addressed to offset the challenges that globalisation and technological developments have set for the industry.

Qualifying to compete In today’s market, companies must qualify to compete. The EN 16763 Services Standard – one of the first to focus on the tertiary sector – was only a stepping stone. National players must now set out to outline how skills, experience and knowledge are verified and establish qualifications that are valid ‘across Europe’.

Keeping Security secure In the context of the EU General Data Protection Regulation and ever-evolving cyber security risks, the fire safety and security industry must define and implement measures to protect its products and solutions. Measures for IT infrastructures essential to the industry must be implemented while at the same time keeping European citizens secure.

Regulating construction products Euralarm’s Construction Products Regulation (CPR) Task Force is studying the influence of the CPR on the harmonised standards for fire safety. The objective is to develop a common understanding of how the CPR impacts the market today and how best to deal with the problems that Technical Committees such as CEN/TC 72 and CEN/TC 191 are facing. The Symposium will be the occasion for presenting and discussing the resulting publication and reaching out to EU stakeholders.

Lance Rütimann, Euralarm’s Advocacy Committee chairman, said: “The challenges for our industry are more complex with noticeable increases in both technical and regulatory developments and the resulting demand on new skills. We will embrace this exciting time with confidence to find the answers that can drive the growth and successful evolution of the market.”

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Ward Security attains Recognised Service Provider status from Living Wage Foundation

Ward Security is pleased to announce that it has become a Recognised Service Provider working alongside the Living Wage Foundation. The achievement means that Ward Security and all its subsidiaries are putting a Living Wage pathway in place that meets the standards set by the Living Wage Foundation for good practice by providers of personnel under contract.

The Living Wage commitment sees Ward Security propose a Living Wage option within applicable tender submissions. This gives the client an option of paying all contracted staff a wage that meets the current cost of living.

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“We’re very proud of this achievement,” explained managing director Kevin Ward. “We are one of only a few service providers in the security industry to have been recognised for our ongoing commitment to the Living Wage.”

Ward continued: “Ward Security’s growth since the business was founded in 2000 has been as a result of the levels of service we provide and the quality of people working for us. We pride ourselves on providing a supporting work environment which puts our staff first, and our commitment to our staff was again recognised in 2016 by Investors in People.”

Ward Security remains one of the few Investors in People (Gold) employers in the sector with a score of 167 out of 174 in an independent audit conducted on behalf of the Security Industry Authority. This places the business within the top 2% of all security companies.”

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The Legal Risk Management Handbook set for publication by KoganPage

Legal risk covers all areas of business where regulation and the law impact on operations and decisions. From risks arising from contract drafting and management through to regulators’ new focus on conduct, as well as compliance, regulatory and dispute risks, the effective management of legal risk is key for organisations that want to maximise value while minimising cost and exposure to legal losses. The Legal Risk Management Handbook, to be published by KoganPage on 3 December, is a practical guide to making sure your business is legal, protected and making the most of its opportunities.

Written by experts in law and risk management, this highly practical guide sets out a clear definition for legal risk and a framework for its management. Covering the full spectrum of legal risks that international businesses can face, it translates legal concepts into clear mitigatory actions.

Whether you’re an in-house lawyer needing a clear approach to managing risk in your areas of influence, or a member of the risk management function needing a jargon-free guide to your company’s legal responsibilities, you will find authoritative insight and guidance in this publication.

Containing Case Studies from international businesses and real-life insights from those at the coalface of legal risk management, The Legal Risk Management Handbook is essential reading for everyone who needs a better understanding of this important business topic.

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Simon Nasta, general counsel for FBN UK, has provided advance praise for the book, calling it a ‘must read’ for in-house lawyers and new general counsels. “I particularly like the simple and practical guides to implement what are quite advanced legal risk management techniques,” explained Nasta.

Professor Stuart Weinstein of the Faculty of Business and Law at Coventry University commented: “The Legal Risk Management Handbook contains a wealth of information useful for any company involved in international business to consider when managing legal risk. What sets this book apart is that it translates complex legal principles into practical operating tools that business managers and the lawyers who work with them can use on a day-to-day basis. An indispensable compendium for the legal and compliance team, the executive suite and the Boardroom who must work hard to ensure that legal risk management is at the top of the agenda in every organisation.”

Matthew Kellett, EY UK law leader (FSO) stated: “This book challenges all organisations to review their legal risk management strategies and provides practical suggestions on how to flex their approach to enhance legislative and regulatory compliance. All those in leadership or front line advisory roles will relate to the issues raised and can benefit from the proposed solutions to manage their forward exposures to legal loss.”

The book’s authors are Matthew Whalley and Chris Guzelian. Whalley has a unique blend of practical experience and strategic insight into legal risk management and law department operations. He created the UK’s first and only Legal Risk Consultancy in 2012, and has helped FTSE 100 and Fortune 500 clients alike take their first steps towards developing a structured approach to legal risk. Whalley was shortlisted for the Laurie Young Memorial Global Thought Leadership Award in 2014 for his detailed papers on legal risk management.

Chris Guzelian is an associate professor at the Thomas Jefferson Law School in San Diego, California where he teaches business, criminal and American constitutional law courses. Previously, he was a state prosecutor, a civilian officer with the US Department of Defence and a lawyer with the Us bankruptcy courts. Guzelian advises a number of corporate, non-profit and Government authorities on risk-related matters.

  • EAN: 9780749477974
  • Edition: 1
  • Published: 3 December 2016
  • Format: Paperback
  • 232 pages

*To order your copy visit: https://www.koganpage.com/product/the-legal-risk-management-handbook-9780749477974

 

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