Sch. 13
3.—(1) A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence under this Schedule.
(2) It is a defence for a person charged with an offence under this paragraph to prove—
- (a) that his business is publishing advertisements or arranging for their publication,
- (b) that he received the advertisement for publication in the ordinary course of business, and
- (c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule.
4.—(1) A person commits an offence if he pays money, in respect of the provision of security services, to a person who—
- (a) does not hold a licence under this Schedule, and
- (b) is not acting on behalf of someone who holds a licence under this Schedule.
(2) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—
- (a) held a licence under this Schedule, or
- (b) was acting on behalf of someone who held a licence under this Schedule.
5.—(1) A person guilty of an offence under paragraph 2 or 3 shall be liable—
- (a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
- (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—
- (a) imprisonment for a term not exceeding six months,
- (b) a fine not exceeding level 5 on the standard scale, or
- (c) both.
Application for licence
6.—(1) An application for a licence under this Schedule shall be made to the Secretary of State—
- (a) in such manner and form as he may specify, and
- (b) accompanied by such information as he may specify.
(2) The Secretary of State may specify information only if it concerns—
- (a) the applicant,
- (b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,
- (c) a person whom the applicant employs or proposes to employ as a security guard,
- (d) a partner or proposed partner of the applicant (where the applicant is an individual),
- (e) a member or proposed member of the applicant (where the applicant is a partnership),