Security company Sabrewatch Limited and its directors have been ordered to pay total fines in excess of £215,000 for deploying unlicensed security operatives, despite being well aware of the law. Sabrewatch Ltd was fined £140,000 at Southwark Crown Court on Friday [26 Feb], after being found guilty on Monday last week [22 Feb] on seven of nine sample counts – many other guards were unlawfully deployed around the country.
Director and
94%shareholder Luke Lucas, 61, of Charters Towers, Felcourt Road, East Grinstead
(the company address), was fined £70,000. Directors George Charalambous, 46, of
South Lodge Drive, Oakwood, north London, and Anthony Hutchins, 46, of
Stonehaven Drive, Woodley, Berkshire were fined £3,500 and £2,450 respectively.
Lucas was well aware of his responsibility not to deploy unlicensed guards, had
been advised by the SIA prior to the offence date that this would be unlawful,
and yet was willing to break the law, presiding Judge Geoffrey Rivlin said.
While accepting that Charalambous and Hutchins did not have the same level of
involvement, Judge Rivlin said they had responsibilities as company directors,
but were prepared to take a chance and risk in breaking the law.
The SIA was
awarded costs of £1 million at the previous hearing, during which the court also
made a confiscation order of £100,000 under the Proceeds of Crime Act, which has
been paid by Sabrewatch Ltd. Judge Rivlin said: “The reasons behind the
legislation were obvious to all and were widely accepted within the profession.
No one needs to be persuaded that those who are placed in positions of trust
should receive basic training and testing to deal with situations and, most
importantly, to ensure they are of good character.”
He told the
defendants: “You found yourself in the position of telling highly valued and
respected customers that guards would not be licensed; these included national
names such as Marks and Spencer, Harvey Nichols, Cadbury Schweppes and GAP. All
three of you levelled criticism at the SIA, and, whereas there were some
difficulties with the licensing system, I do believe that as time went on and
more witnesses were called, it became increasingly apparent that almost all of
the criticisms were contrived and simply evaporated.”
SIA chief
executive Bill Butler said: “I am pleased with the outcome of this case. The SIA
has successfully concluded this prosecution, despite several challenges to its
right to do so. I commend those involved for their professionalism and hard
work. This case confirms our right to prosecute those who commit offences under
the Private Security Industry Act 2001, and the potential for the courts to
issue confiscation orders under the Proceeds of Crime Act. Sabrewatch and its
directors persisted in supplying unlicensed guards in spite of clear and
repeated warnings as to the illegality of their actions and the likely
consequences. They knowingly supplied their customers with unlicensed staff
while leading those customers to believe, wrongly, that this was acceptable. The
substantial fines and the judge’s comments reflect the seriousness of the
offences.”
SIA Website
Bobby Logue - Editor - Infologue.com 1
March 2010
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