Private Security Services Act 2004

Refusal to renew, suspension, etc., of licence.

26

26.F19[(1) Subject to section 27, the Authority may—

(a) refuse to renew a licence, or

(b) at any time suspend a licence for a specified period or revoke it,

if it is satisfied on reasonable grounds—

(i) if the licensee is an individual, that he or she—

(I) has supplied information in or in connection with the application for the licence or its renewal that was false or misleading in a material particular,

(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),

(III) is no longer a fit and proper person to provide a security service, or

(IV) has not paid the prescribed fee,

(ii) if the licensee is a body corporate—

(I) that any director, shareholder to whom section 21(3)(ab) refers, manager, secretary or other similar officer of the body corporate or any person purporting to act in that capacity is not a fit and proper person to hold such a position in a body corporate which is providing a security service, or

(II) that subparagraph (I), (II) or (IV) of paragraph (i) applies in respect of the body corporate, or

(iii) if the licensee is a partnership, that one or more than one of subparagraphs (I) to (IV) of paragraph (i) applies or apply in respect of any of the partners,

or if the Authority would not have granted the licence or renewed it if information obtained subsequent to the date of its grant or renewal had been available at that date.]

(2) (a) The Authority shall—

(i) refuse to renew a licence, or at any time suspend a licence for a specified period or revoke it, if it 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, and

(ii) notify the licensee of its decision.

(b) Section 27 does not apply in relation to a decision under this subsection.

(3) Without prejudice to subsection (1), if the Authority is satisfied on reasonable grounds that the licensee—

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

(b) 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.

(4) A licence which is suspended shall not be in force during the period of its suspension.

(5) A person whose licence has been suspended or revoked shall comply with any directions of the Authority in relation to delivering up to it the person's licence and identity card.

Annotations:

Amendments:

F19

Substituted (22.07.2021) by Private Security Services (Amendment) Act 2021 (19/2021), s. 4, S.I. No. 379 of 2021.