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A security firm was fined £95,000 today after sending out unlicensed guards and staff with criminal convictions to look after a string of high street stores.
Shops all over the country including Sainsburys supermarkets, Boots and WH Smith were being guarded by unlicensed staff after Securiplan implemented a “shambolic management” of new laws.
Securiplan, which has been running since 1959, made a “commercial decision” not to apply for licenses for hundreds of guards, Southwark Crown Court heard.
The new laws, introduced in March 2006, made it an offence for security companies to undertake “licensable conduct” without the permits or for companies to use unlicensed guards.
Securiplan admitted 19 counts of “using an unlicensed security operatives” between March 19 and September 2, 2006.
Despite repeated warnings from the Security Industry Authority, the Government body which licenses guards, Securiplan failed to comply with the new requirements.
A number of inspections found as few as one out of 59 guards on at any one time had a valid license.
Richard Whittam, QC, for the prosecution, said the charges focused on 18 guards.
He said: “Of the 18 guards that feature in the indictment, 11 were ultimately rewarded licenses and applications of seven were refused on the basis of criminal convictions previously recorded against them.”
He added:“This was a commercial decision taken by a successful company within the industry.”
He said that the whole security industry had been warned in 2004 that the news laws about licenses were being introduced.
“The issue for the need for licenses was raised at a directors meeting in September 2004 and the attitude of the company was that it didn’t believe licensing would happen and that Securiplan would not do anything unless the customers paid for it,” he said.
Following an initial inspection on March 23 of 29 sites, it was discovered only one of 59 guards that were being deployed had licenses.
Mr Whittam said the Hillingdon-based firm, which has an estimated annual turnover of £85 million, appeared to be “sleeping at the wheel” and rather than “surrender a contract” they continued to deploy the unlicensed guards.
Stores which were affected by Securiplan’s “shambolic management” of the new law include two Arla Food stores, six Boots stores around London, finance company Experian Ltd, in Nottingham, Romec Ltd in Chesterfield, Derby, a Tesco Express store in Harwich, Bolton and two WH Smiths in Mansfield and at Victoria Railway station, in London.
Andrew Mitchell QC, for Securiplan, insisted that this was not a firm of “cowboys”.
Ordering the company to pay £95,000 costs, Judge Geoffrey Rivlin said Securiplan had “steadfastly failed to comply” with the licensing laws.
The firm will also pay £550,000 in prosecution costs at a rate of £100,000 per month.
The judge said: “This was the consequence of a deliberate commercial decision which was arrived that the heavily stretched SIA would take no action against them.’ Judge Rivlin said although the firm has lost millions of pounds in contracts since committing the breaches this was largely ’self-inflicted.”
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