James and Jason Battle, of Nationwide Management Services Ltd, also individually pleaded guilty to failing to provide information to Security Industry Authority (SIA) investigators.
James Battle was sentenced at Liverpool and Knowsley Magistrates' Court on 09 September while Jason Battle was sentenced on 19 August. One of the Battles' employees, Paul Fry, was also sentenced following a guilty plea to working without an SIA licence.
Nationwide had supplied Fry in February 2021 to work illegally without a licence at a construction site in Liverpool's Welsh Streets. The company was ordered to pay costs of £589.80 in addition to the £50,000 fine, plus a victim surcharge of £190. The amount is to be paid in full within eight months.
Jason Battle failed to provide SIA investigators with information they had asked for, even though they granted him an extension. This is an offence for which the court fined him a total of £1,500 and required him to pay a victim surcharge of £75 plus court costs of £852. He was given 28 days to pay the total amount. He has incurred a criminal record and his SIA licence has been suspended with a view to it being revoked.
James Battle also failed to provide information to SIA investigators. In addition, he gave them information that proved to be false. The SIA established that he acted as the controlling mind of Nationwide Management Services, although he is not a director. He was fined £3,000 and ordered to pay court costs of £824.80 plus a victim surcharge of £190. The amount must be paid in full within three months.
Paul Fry had previously failed to attend SIA requests for an interview. On 09 September he pleaded guilty to working unlicensed and was sentenced to a community order with a four-week curfew between the hours of 8pm and 7am daily. He is also required to pay court costs of £300 and a victim surcharge of £95.
The SIA brought the prosecutions against the three men and the business following several investigations conducted in partnership with Merseyside Police and Her Majesty's Revenue and Customs.
Nathan Salmon, the SIA's Criminal Investigations Manager, said:
This is a complex case of criminality involving a prestigious construction site in Liverpool. It illustrates that we will prosecute illegality wherever we find it in the private security industry. Each of the people here has now got a criminal record and will not be able to work in the industry in the future. This case is a reminder for security buyers to undertake due diligence when identifying a supplier to protect valuable sites and assets.
Notes:
- By law, security operatives working under contract must hold and display a valid SIA licence. Information about SIA enforcement and penalties can be found on GOV.UK.
- The offences relating to the Private Security Industry Act (2001) mentioned above are:
- Paul Fry - 1 x Section 3 (working without a licence)
- James Battle - 1 x Section 5 by 23 (deploying unlicensed guard by consent, connivance or neglect of directors); 1 x Section 22 (providing false information to the SIA).
- Nationwide Management Services Ltd - 1 x Section 5 (supplying unlicensed security).
- Jason Battle - 2 x Section 19 (failing to provide information relating to an investigation).
- The Private Security Industry Act 2001 is available online.
