Nicholds & Ors v Security Industry Authority, Court of Appeal - Administrative Court, July 19, 2006, [2007] 1 WLR 2067,[2007] ICR 1076,[2006] EWHC 1792,[2006] EWHC 1792 (Admin)
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Nicholds & Ors v Security Industry Authority, Court of Appeal - Administrative Court, July 19, 2006, [2007] 1 WLR 2067,[2007] ICR 1076,[2006] EWHC 1792,[2006] EWHC 1792 (Admin)
Draft 30 November 2007 08:51 Page 37
Case No: CO/9567/2005 CO/9655/2005 CO9661/2005Neutral Citation [2006] EWHC 1792 (Admin)IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONADMINISTRATIVE COURTRoyal Courts of JusticeStrand, London, WC2A 2LLDate: 19th July 2006Before :MR KENNETH PARKER QC(Sitting as a Deputy High Court Judge)- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -(Transcript of the Handed Down Judgment ofWordWave International LtdA Merrill Communications Company190 Fleet Street, London EC4A 2AGTel No: 020 7421 4040 Fax No: 020 7831 8838Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - - - - - - -Stephen Cragg (instructed by Howells) for the ClaimantsNatalie Lieven (instructed by Treasury Solictor) for the Defendants- - - - - - - - - - - - - - - - - - - - - JudgmentThis is an application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority (``the Authority''), under section 7 of The Private Security Industry Act 2001 (``The Act'').The claimants have all worked for many years as door supervisors. They have worked full time in that capacity, although it appears from the evidence that many door supervisors work part-time, perhaps to supplement their earnings from other employment. They have substantial experience in their jobs. From the material with which they have supported their applications for judicial review it appears that each of them is well regarded by employers and others, who believe that they possess the necessary qualities, including professional competence, to work as efficient, honest and reliable door supervisors. They had permission to work as door supervisors under arrangements which I shall describe later in this judgment. The Authority does not seek to challenge this material as such, but contends, for reasons that will become apparent, that it is not relevant to the applications for judicial review.None of the claimants qualifies under the licensing criteria prepared and published by the Authority as a fit and proper person to engage in the occupation of door supervisor. Each has a conviction for a relevant criminal offence that automatically debars him for a substantial period from so qualifying. All have been denied licences to work as door supervisors by the Authority. Their appeals have been dismissed by the Magistrates' Court, which has no choice but to apply the Authority's published licensing criteria.The claimants contend that the published licensing criteria prevent the Authority from deciding in their individual cases whether they are fit and proper persons to be door supervisors. They say that the licensing criteria are, therefore, unlawful both upon a proper reading of the Act, guided by well known principles of administrative law, and by virtue of Article 1 of Protocol 1 of the European Convention on Human Rights (``The Convention''), as incorporated into domestic law by the Human Rights Act 1998 (``The HRA''). IntroductionIn 1999 The Home Office published a White Paper, ``The Government's Proposals for Regulation of the Private Security Industry in England and Wales.'' In the foreword by the then Secretary of State, The Rt. Hon. Jack Straw, he stated: ``The private security industry is a thriving, diverse industry covering a range of services from manned guarding to alarm systems and from cash-in-transit to wheel clamping. The industry has grown rapidly over recent years as people have taken greater steps to protect themselves and their property....Despite the importance of the activities which the private industry carr...See the full content of this document
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