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19th February 2012

Excellent compliance with Licensing and ID Badge Requirements by Security Guarding staff in Dublin


On 15, 16 and 17 January 2012, Inspectors from the Private Security Authority (PSA) carried out a number of inspections of security guard (static) services in Dublin 1. The purpose of these inspections is to ensure that only those licensed by the PSA are operating and that individuals are wearing a clearly visible identity badge as legally required.

The PSA Inspectors found that 99% of individuals providing security guard (static) services were licensed and 100% of those licensed were wearing their Identity Badge as legally required. These figures are consistent with previous inspections carried out in the same area in October 2011.

Ms Geraldine Larkin, Chief Executive of the PSA said: "Compliance with the licensing requirements amongst security guards in Dublin 1 was excellent. Compliance with the wearing of the Identity Badge in a clearly visible manner was also excellent as this is a legal requirement and provides the public with evidence that the wearer has met the appropriate licensing standards set by the PSA. It also allows for identification if a member of the public wishes to make a complaint to the PSA. The PSA will continue to monitor compliance with the licensing and identity badge requirements by carrying out further checks in the Dublin area".

The Private Security Authority is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The Authority is an independent body under the aegis of the Department of Justice and Equality.

The Private Security Authority website (www.psa.gov.ie) contains a register of licence holders and is a useful tool for business and the public who can ensure that their security provider is licensed by checking the details on the register.

 

22 February 2010

SUCCESSFUL PROSECUTION & SUBSTANTIAL FINES SECURED BY THE PRIVATE SECURITY AUTHORITY AGAINST CONTRACTOR FOR OPERATING WITHOUT A LICENCE

Monday 22 February 2010: The Private Security Authority achieved a successful outcome in a prosecution case at Edenderry District Court.

The contractor Darren Kelly t/a Keltech Security Systems was prosecuted for breach of the Private Security Services Act 2004. He was convicted of 7 charges brought against him for providing Installer (Intruder alarm) services without a licence.

Judge Coughlan imposed Fines of €1,500 for each offence totalling €10,500 and Costs of €2,000 with 6 months to pay and 5 days imprisonment in default.

Ms Geraldine Larkin, CEO of the Authority welcomed the Court decision in this case, particularly as in one of the convictions, work done in exchange for an installation was accepted as remuneration under the provisions of the Private Security Services Act 2004.

22 February 2010

The National Employment Rights Authority (NERA) had commenced inspections of companies employing Door Security Personnel (DSP) and were applying the terms and conditions of the Guarding Services Employment Regulation Order to that discipline. The Irish Security Industry Association disputed this with NERA but, finally, had to resort to seeking a determination from the Labour Court.

The Labour Court agreed a sitting on 28 January 2010 and heard both sides. The ISIA asked Tim O'Connell of IBEC to represent their position. The ISIA contended that when the Order was made in 1998 fixing the statutory rates of remuneration and regulating the statutory conditions of workers in relation to whom the JLC operates, no representations were made to include a separate security discipline, called Door Supervisors (or Bouncers as they were known at the time.

NERA held that the definition of the ERO was sufficiently clear and unambiguous and on a literal plain reading provisions of the Order the definition clearly described the duties and functions of Door Supervisors engaged in Security Duties for contract clients and their employers.

The Labour Court in its decision stated that the duties of DSP are qualitatively different to those of security operatives in the generality of the security industry.

The Court was satisfied that ERO's do not apply to workers known as Door Supervisors.

27 January 2010: Successful Prosecution and Substantial Fines secured by the PSA

The Private Security Authority achieved its first successful outcome in a prosecution case in 2010 at Dublin Metropolitan District Court. GTR Security Limited t/a J&I Security were convicted of 27 charges for breach of the Private Security Services Act 2004. GTR Security Limited t/a J&I Security pleaded guilty to providing Security Guard (static) services without a licence.

Representatives for the company stated that GTR Security Limited t/a J&I Security was a phoenix from J&I Security which ceased trading at the end of 2007. However, Judge Reilly stated that "I don't want the message going out that by changing companies you can continue to trade without a licence". She said "it was clear that GTR Security Limited t/a J&I Security did not want to lose a lucrative business and took it upon themselves to continue to operate and disregard the law".

Judge Reilly also stated that "In the public interest, operating in the private security industry must be well regulated and that the protections afforded to companies by their Limited status did not absolve them from their obligations with regard to the law". She stated that "the company deliberately continued in business without a licence and she likened it to driving a car without insurance. Such activity could not be condoned".

Judge Reilly convicted GTR Security Limited t/a J&I Security on all 27 counts and imposed Fines of €8,000 and Costs of €5,000 within 3 months to pay.

Ms Geraldine Larkin, CEO of the Authority welcomed the Court decision in this case stating that "the level of Fines reflected the seriousness of the offences".

25 January 2010

SUCCESSFUL PROSECUTION AND SUBSTANTIAL FINES SECURED BY THE PRIVATE SECURITY AUTHORITY AGAINST CONTRACTOR FOR OPERATING WITHOUT A LICENCE

Monday 25 January 2010: The Private Security Authority achieved its first successful outcome in a prosecution case in 2010 at Dublin Metropolitan District Court. GTR Security Limited t/a J&I Security were convicted of 27 charges for breach of the Private Security Services Act 2004. GTR Security Limited t/a J&I Security pleaded guilty to providing Security Guard (static) services without a licence.

Representatives for the company stated that GTR Security Limited t/a J&I Security was phoenix from J&I Security which ceased trading at the end of 2007. However, Judge Reilly stated that "I don't want the message going out that by changing companies you can continue to trade without a licence". She said "it was clear that GTR Security Limited t/a J&I Security did not want to lose a lucrative business and took it upon themselves to continue to operate and disregard the law".

Judge Reilly also stated that "In the public interest, operating in the private security industry must be well regulated and that the protections afforded to companies by their Limited status did not absolve them from their obligations with regard to the law". She stated that "the company deliberately continued in business without a licence and she likened it to driving a car without insurance. Such activity could not be condoned".

Judge Reilly convicted GTR Security Limited t/a J&I Security on all 27 counts and imposed Fines of €8,000 and Costs of €5,000 with 3 months to pay.

Ms Geraldine Larkin, CEO of the Authority welcomed the Court decision in this case stating that "the level of Fines reflected the seriousness of the offences".

18 December 2009: BSIA announces the appointment of a new Chief Executive

The Chairman of the British Security Industry Association (BSIA), Stuart Lowden, has today announced the appointment of James Kelly as the new Chief Executive of the BSIA.

James brings a wealth of experience in lobbying, legal advice and commercial service delivery. With a very successful track record in professional representation he has performed leadership roles on behalf of the legal profession, engineering and marketing services industries.

Until recently James was Chief Operating Officer of the Direct Marketing Association (DMA), a role which was both high profile and hugely challenging. He held this position for nine years, during which time he contributed significantly to the growth and influence of the DMA.

James Kelly says: "I am delighted to be appointed Chief Executive of the BSIA and look forward to representing what is a hugely important industry over the coming years. Key stakeholders, including government, recognise that the private security industry is an essential partner in providing a safe environment for UK business and society. I want to capitalise on that and shall be working hard to help members derive a real competitive and reputational advantage from their membership of the BSIA."

Stuart Lowden comments: "The appointment follows an extensive recruitment process which included a field of extremely able candidates. The panel concluded that James Kelly has the ideal balance of skill sets and experience to build on the achievements of the Association, and we look forward to working with him in the coming years." James will join the BSIA on Monday 11th January 2010.

26 November 2009: Fifth unlicensed contractor successfully prosecuted this month

The Private Security Authority achieved its fifth successful outcome in a prosecution case in November at Navan District Court. John Curtis t/a Tara Alarms from Robinstown, Navan, Co Meath pleaded guilty to two charges for breach of the Private Security Services Act 2004. Mr. Curtis was operating as an Installer of Intruder Alarms without a licence.

Judge John Fitzpatrick convicted Mr Curtis on one count and the other count was taken into consideration. Mr Curtis was fined €500 and ordered to pay Costs of €2000. He was given 30 days to pay and in default 45 days imprisonment.

This court decision follows the conviction of Joe Carroll t/a Joe Carroll Electrical at Enniscorthy District Court on Wednesday 18th November. In the intruder alarm sector this brings to 14 the number of successful prosecutions against unlicensed installers.

Ms Geraldine Larkin, CEO of the Authority stated "We are committed to removing unlicensed operators from the security industry and will continue to pursue and take prosecutions against those who break the law."

11 November 2009

Wednesday 11th November 2009: At Naas District Court the Private Security Authority secured a successful prosecution against Alan McNally t/a Alert 24 X 7 Security.

Judge Desmond Zaidan convicted Alan McNally t/a Alert 24 X 7 Security for breach of Section 37 of the Private Security Services Act 2004. Alan McNally t/a Alert 24 X 7 Security provided Security Guard (static) services without a Private Security Authority licence.

A total of 10 summons were brought against Alan McNally t/a Alert 24 X 7 Security. Judge Zaidan convicted Mr McNally on 2 charges and the other 8 were taken into account. A fine of €2,000 was imposed for each of the 2 charges (total €4,000) along with an order for costs for €1,500 with 90 days to pay and in default, 90 days imprisonment.

Ms Geraldine Larkin, CEO of the Private Security Authority stated " The Private Security Authority will prosecute individuals and employers in the private security industry who continue to trade without a licence. We continuously strive to ensure that only those who are deemed fit and proper to work within the industry do so and that the security service being provided to clients and the public is of the highest standard”, she says.

This brings to 13 the total number of successful prosecutions in the Security Guard (static) sector.

22 June 2009

From the 1st September 2009 all licensed Door Supervisors and Security Guards will be required to wear an identity badge when working. With the introduction of regulations bringing into effect section 30 of the Private Security Services Act 2004 the wearing of identity badges will become mandatory for all licensee holders.

Licence holders can opt to wear their existing licence card as their identity badge or opt for a badge provided by their employer. A badge provided by an employer must comply with the guidelines on cards set out by the Authority.

Licence holders must wear the identity card where it can be seen at all times when working.

A licence can be suspended or revoked if this condition is not met. The front of the badge showing the photograph and licence number must be displayed.

Store detectives, whose duties require them not to be immediately identifiable to the public, are exempt from wearing the badge. However, they are required to carry the licence with them at all times while on duty.

These guidelines can be found on www.psa.gov.ie website.

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