Regulation of the Private Security industry Business Licensing 1

2 Content Context to Business Licensing Business Licensing Overview - Fee Calculation - Fit & Proper Criteria - Applying & Maintaining Compliance & Enforcement

Developing the Current Regime Current regulatory regime is focussed on individuals October 2010 – Home Office announced a ‘phased transition to a new regulatory regime’ Shifting regulatory burden from individuals to businesses while reducing the overall burden Home Office consultation response published September

New Regime & Business Licensing New Regime will; - Reduce overall cost to industry of regulation - Reduce criminality and poor business practice - Build on previous industry investment - Increase support for law enforcement partners Business Licensing will; - Help create a level playing - Remove rogue operators - Help deliver better value for money 4

5 Three Regulatory Products Our 3 Regulatory Products Individual Licence ACS Business Licence Mandatory Voluntary

Todays Briefing The content in this briefing means your businesses will have the most up to date information available All information in this briefing is subject to ministerial sign-off Scottish Government and Department for Justice for N. Ireland are supportive No fees are detailed in this briefing; fees are subject to ministerial approval 6

7 Who needs a business licence? All businesses that provide licensable individuals under a contract to supply security industry services in the UK all types of business (limited company, partnership, sole trader) dedicated security business, or not includes agencies and sub-contractors Do not require a business licence if –self employed, only deploying one’s self –are an ‘in-house’ company (including DS and VI)

Determining size of business Size is based on Head Count Step 1 Head Count = the total number of licensable individuals who carry out licensable conduct on behalf of or under the direction of your business Step 2 Annual Average Head Count = each monthly head count added together and divided by 12 Step 3 Use the resulting figure. This defines your business size. The head count you provide for business licensing will also be used for ACS re-registration

Examples of size calculation 9

Conditions Qualifying Condition the conditions that must be satisfied to demonstrate that your business is and will continue to be ‘fit and proper’ Approval and additional conditions apply after your licence is granted e.g. submit a yearly return 10

Qualifying Conditions 11

Competence Sector applied forApplicable standard(s) Cash & valuables in transitBS 7872 and BS 7858 Close protectionBS and BS 7858 Door supervisionBS 7960 Key holdingBS 7984 and BS 7858 Public space surveillance (CCTV)BS 7958 (Annex A) and BS 7858 Security guardingBS 7499 and BS 7858 Vehicle immobilisationBS 7858 and see below 12 In some circumstances an alternative British Standard to the above list may be applicable

Evidence of competence Certification to the relevant UKAS accredited sector-specific scheme Holding approval under the Approved Contractor Scheme including approval for the relevant designated activities Certification to UKAS accredited ISO9001 incorporating the relevant British Standard 13

Application and assessment Paper application form available in November A single business licence - but approval by sector Payment of application fee - based on size Must meet conditions - met or not met Risk based regulator –reduce the burden on those that are compliant –focusing attention on those businesses that pose the greatest threat 14

Your business licence Maintaining your business licence A business licence lasts for five years, subject to: payment of a yearly subscription fee provision of a yearly return continued compliance with all conditions 15

Refusing a business licence If a business fails to demonstrate that it is ‘fit and proper’ - does not meet any of the qualifying conditions Withdrawal or suspension There is an appeals process 16

Compliance & Enforcement Full compliance expected from April 2015 Make it easy to ‘apply and comply’ Criminal offences in effect from 6 April 2015 Maximum penalties include an unlimited fine and ‘controlling minds’ may be individually liable 17

Questions? 18