Wharf Guards Limited pleads guilty to employing unlicensed security officers

At Cambridge Magistrates Court on Thursday 23 June 2016, Wharf Guards Limited director Richard Kinyanjui pleaded guilty to providing unlicensed security officers between June and August 2015. The company’s operations manager, George Kalemera, pleaded guilty to failing to supply information relating to the Security Industry Authority (SIA) investigation.

In August 2015, unannounced visits were made by SIA investigators across three sites. At one site in Cambridge, a man then named only as ‘George’ was questioned, but failed to prove his identity or produce a valid SIA licence. As a result, he was arrested.

The police service was able to identify him as George Kabuthia Boro and found that he had no right to work in the UK and was working illegally. Consequently, Boro was referred to the immigration services at the Home Office.

Enquiries made by the SIA investigators also found that Boro neither held an SIA licence, nor had he previously held one. This amounts to a Section 5 offence under the Private Security Industry Act 2001.

Following on from their compliance inspection, SIA investigators later attempted to conduct interviews with Kinyanjui and Kalemera on several occasions, but both failed to attend.

On another occasion, SIA investigators requested information from Kalemera, visiting his home address to issue the request, but he failed to comply. This is a Section 19 offence under the Private Security Industry Act 2001.

Providing unlicensed security officers

As a company, Wharf Guards Limited entered a guilty plea for providing unlicensed security officers on three sites from June to August 2015. This is a Section 5 offence under the Private Security Industry Act 2001.

Similarly, the director Kinyanjui plead guilty to three counts of providing unlicensed security officers. This is a Section 5 offence and, as a director, he’s liable under Section 23 of the Private Security Industry Act 2001.

Kalemera plead guilty to a Section 19 offence under the Private Security Industry Act 2001 for failing without reasonable excuse to produce any documents and information relating to the provision of security industry services by Wharf Guards Limited.

Sentencing of Wharf Guards Limited, Kinyanjui and Kalemera will take place on Thursday 8 September.

*The offences relating to the Private Security Industry Act 2001 that are mentioned in the above case are as follows:

(1) Section 5: Deploying unlicensed security officers

(2) Section 16: Falsely claiming to be a registered Approved Contractor

(3) Section 23: Consent, connivance or neglect for employing unlicensed security officers

**The Private Security Industry Act 2001 is available online via: legislation.gov.uk

About the Author
Brian Sims BA (Hons) Hon FSyI, Editor, Risk UK (Pro-Activ Publications) Beginning his career in professional journalism at The Builder Group in March 1992, Brian was appointed Editor of Security Management Today in November 2000 having spent eight years in engineering journalism across two titles: Building Services Journal and Light & Lighting. In 2005, Brian received the BSIA Chairman’s Award for Promoting The Security Industry and, a year later, the Skills for Security Special Award for an Outstanding Contribution to the Security Business Sector. In 2008, Brian was The Security Institute’s nomination for the Association of Security Consultants’ highly prestigious Imbert Prize and, in 2013, was a nominated finalist for the Institute's George van Schalkwyk Award. An Honorary Fellow of The Security Institute, Brian serves as a Judge for the BSIA’s Security Personnel of the Year Awards and the Securitas Good Customer Award. Between 2008 and 2014, Brian pioneered the use of digital media across the security sector, including webinars and Audio Shows. Brian’s actively involved in 50-plus security groups on LinkedIn and hosts the popular Risk UK Twitter site. Brian is a frequent speaker on the conference circuit. He has organised and chaired conference programmes for both IFSEC International and ASIS International and has been published in the national media. Brian was appointed Editor of Risk UK at Pro-Activ Publications in July 2014 and as Editor of The Paper (Pro-Activ Publications' dedicated business newspaper for security professionals) in September 2015. Brian was appointed Editor of Risk Xtra at Pro-Activ Publications in May 2018.

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