Private Security Services Act 2004

PART 4

Complaints against Licensees

Investigation of complaints.

39

39.—(1) Any person may make a complaint in writing to the Authority against a licensee in relation to the conduct of the licensee in the course of providing a security service, including an alleged contravention by the licensee of any provision of this Act or regulations made thereunder.

(2) On receipt of such a complaint, the Authority, if satisfied that the complaint is made in good faith and is not frivolous or vexatious, shall investigate it, giving the licensee and the complainant an opportunity to be heard during the investigation.

(3) On completion of the investigation—

( a) the Authority may decide not to uphold the complaint;

( b) if the Authority is satisfied on reasonable grounds that the licensee—

(i) has been guilty of misconduct in the course of providing a security service, or

(ii) has contravened any provision of this Act or regulations thereunder (whether or not the licensee has been convicted of an offence in relation to the contravention),

it may take whichever of the following actions in relation to the licence or licensee is in its opinion appropriate in the circumstances of the case:

(I) revocation of the licence,

(II) suspension of the licence for a specified period,

(III) reprimand,

(IV) warning,

(V) caution,

(VI) advice,

and shall notify the complainant and licensee of its decision;

( c) if the Authority is satisfied on reasonable grounds that the safety or welfare of any person or persons is or may be at risk from the continuance in force of the licence, it shall revoke the licence or suspend it for a specified period and notify the complainant and licensee of its decision, and in such a case section 27 does not apply.

(4) For the purposes of investigating a complaint, an inspector may enter the premises of a person providing a security service and inspect the books, documents and records of the person, and section 15 shall apply, with any necessary modifications, in relation to such entry and inspection.