When applying for an SIA licence, you may face certain obstacles, one of which is the risk of being refused a licence by the SIA, but why would you be refused? Here we discuss the reasons why you may be rejected for an SIA licence.
Who are the SIA?
First of all, who really is the SIA, and why do they have the power to deny you a licence? SIA is an organization that regulates the private security industry. It is an independent body reporting to the Minister of the Interior, established in 2003 under the Private Security Industry Ac 2001. The main mission of this organization is to help protect society by developing and achieving high standards in the private security industry.
The SIA has two main functions:
- Compulsory licensing for people working in specific sectors of the private security industry.
- Managing the Certified Contractor Program, which measures private security companies against a set of independently assessed criteria.
SIA license types:
- Frontline.
- Not Frontline.
Frontline
This is a licence that is required when someone is directly involved with members of the public or customers visiting your premises and as the first point of contact in the provision of services.
For example: A door-to-door supervisor deciding on the suitability of customers to enter authorized premises and maintaining public order on the premises.
Not Frontline
It is a type of licence issued when a person who is not expected to be directly involved with the public or customers and has responsibility for managing or supervising or controlling front-line agents.
Example: security supervisor.
Approval of licences:
SIA has the authority to accept or reject the license application. This is based on certain rules and legal measures established by SIA.
Based on these regulations, there are two basic types of refusal:
- Refusal on the first application.
- Refusal to renew a licence.
- Both refusals have the same criteria but follow different procedures.
Reasons why you may be denied
This is the list of relevant offences for the purposes of the SIA licence.
- Certain driving offences
- Dishonesty (theft and fraud)
- Child abuse and neglect.
- Firearms.
- Sexual offences.
- Espionage / terrorism.
- Violent/abusive behaviour (assault).
- Medication.
- Offensive weapons.
- Criminal damage.
- Violations of the Licensing Act.
- Violations of the Private Security Industry Act.
If any of these offences are committed within the last 2 years up to the date of the SIA licence decision, the SIA is prohibited from issuing a licence.
If the offence is serious, SIA will refuse the application. The seriousness depends on the penalty that has been imposed or should have ended at least 5 years before the date on which the SIA decides on an application for an SIA licence.
First, SIA will assess the seriousness of the charges based on the maximum sentence in each case. If the applicant has served 4 years or more in prison for an offence, it will be considered serious. In such a case, the applicant must wait the 5 years from the date on which the sentence expired or is expected to expire.
Sexual, violent or dishonest offences of a terrorist nature and other offences relating to terrorism are considered serious by the SIA, regardless of the sentence or punishment imposed.
For the protection of the public, offences concerning “offensive weapons”, any item manufactured or adapted to cause injury or intended to be used to cause injury, including possession of an item with a blade or point in a public place, will be classified as serious, even if it carries a maximum penalty. below the four-year threshold.
If the SIA refuses your application for an SIA licence, you may appeal to the court of the first instance. It should be borne in mind that once the SIA has taken a decision concerning your licence, the SIA has no power to change its decision, except through the court of the first instance, even if this is due to a manual or technical fault on the part of the SIA.
Can you be Refused if You Renew a Licence?
If a person is convicted of an offence that was not on the list at the time the person obtained the licence but is now on the list after the list has been reviewed and the person applies for renewal, the application will automatically be refused.
where that conviction is the only conviction recorded, and;
– the date of that conviction was prior to the date your current licence was granted, and;
– no other non-conviction information applies, including warnings, cautions, absolute/conditional, releases or cautions.
If the conviction results from an offence committed after the date your current licence was granted, and; no other non-conviction information applies, including warnings, cautions, absolute/conditional, releases or cautions.
granted, they will be processed according to normal criteria.
If your renewal application is accepted and processed prior to the expiry of your current licence, the
the new licence will expire three years after your current licence expires.
There is another concept of licence suspension. These suspensions are effective immediately. This means that a person cannot legally work in a licensed area, even if they are working for a licensed contractor. Suspension is only considered if there is a clear threat to public safety, if the licence is not suspended. If the licence is suspended and one of the appeals is unsuccessful, or one chooses not to appeal, the suspension will normally last at least 90 days (from the date of the original suspension).
