Various parties challenged the granting and withholding of licenses to operate as door supervisors (bouncers). The SIA regulated the grant of licences, and published criteria for their grant. It had been said that the inclusing of very minor offences in the category of offences requiring refusal of a licence, was unreasonable if a court did not retain a discretion.
Held: The Act required the SIA to apply the criteria, with no apparent room for discretion, and in selecting the criteria under section 7 the SIA did not chose to deploy ‘guidelines’ but rules.
Judges:
Laws LJ, Mitting J
Citations:
[2009] ICR 233, [2007] EWHC 2338 (Admin)
Links:
Statutes:
Private Security Industry Act 2001 7
Jurisdiction:
England and Wales
Citing:
Cited – British Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
Cited – Nicholds and others v Security Industry Authority Admn 19-Jul-2006
Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. . .
Cited by:
Cited – T, Regina (on The Application of) v Greater Manchester Police and Another Admn 9-Feb-2012
The claimant challenged the terms of an enhanced Criminal Records Certificate issued by the defendant. He had been warned in 2002 for suspicion of theft of two cycles. The record had been stepped down in 2009, but then re-instated. He wished to . .
Lists of cited by and citing cases may be incomplete.
Employment, Human Rights
Updated: 06 November 2022; Ref: scu.260205