Sabrewatch Ltd was fined GB pound 140,000 at Southwark Crown Court last Friday after being found guilty on Monday last week on seven of nine sample counts.
An official statement issued by the Regulator said that “many other security officers 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 GB pound 70,000.
Directors George Charalambous, 46 (of South Lodge Drive, Oakwood, north London) and Anthony Hutchins, also 46, of Stonehaven Drive, Woodley, Berkshire were fined GB pound 3,500 and GB pound 2,450 respectively.
Willing law breakers
Lucas was well aware of his responsibility not to deploy unlicensed officers, had been advised by the SIA prior to the offence date that such action would be unlawful and yet was willing to break the law. So said presiding Judge Geoffrey Rivlin, who also adjudicated in the Securiplan case.
While accepting that Charalambous and Hutchins did not have the same level of involvement, Judge Rivlin explained that they had responsibilities as company directors, but were prepared to take a chance and risk breaking the law.
The SIA was awarded costs of GB pound 1 million at the previous hearing, during which the court also made a confiscation order of GB pound 100,000 under the Proceeds of Crime Act. This sum has since been paid by Sabrewatch Ltd.
Reasons behind legislation ‘obvious’
Judge Rivlin commented: “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 officers would not be licensed. These customers included national names such as Marks and Spencer, Harvey Nichols, Cadbury Schweppes and GAP.”
Judge Rivlin continued: “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.”
View from the Regulator
Commenting on the verdict, SIA chief executive Bill Butler explained: “I’m 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.”
Butler continued: “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 officers in spite of clear and repeated warnings as to the illegality of their actions and the likely consequences.”
He added: “They knowingly supplied their customers with unlicensed staff while leading those customers to believe, wrongly, that this was acceptable.”
In conclusion, Butler stated: “The substantial fines and the judge’s comments reflect the seriousness of the offences that have been committed.”
