Security Industry Authority v Stewart & Sansara & Ors [2007] EWHC 2338 (Admin) (17 October 2007)

Security Industry Authority v Stewart & Sansara & Ors [2007] EWHC 2338 (Admin) (17 October 2007)

The SIA and appellate courts are required by the Private Security Industry Act 2001 to apply the published licensing criteria strictly, with no discretion to consider individual merits or circumstances. The criteria are intra vires the Act, and their application does not violate ECHR rights, being proportionate and justified in the public interest.

Citation
[2007] EWHC 2338 (Admin)
Parties
Appellant: Security Industry Authority; Respondent: Stewart; Respondent: Sansara; Appellant: Rahim; Appellant: Bakr; Claimant: The Queen on the Application of Egenti; Defendant: Highgate Justices; Interested Party: The Security Industry Authority
Jurisdiction
England and Wales
Judgment Date
17 October 2007
Procedural Posture
Appeal and Judicial Review / High Court (divisional Court) Judgment on Appeals by Way of Case Stated and Judicial Review
Outcome
All appeals and the judicial review are dismissed. The SIA's position is upheld.
Legal Topics
Statutory Interpretation, Licensing Criteria, Judicial Review, European Convention on Human Rights, Ultra Vires, Proportionality, Right to Work, Possessions Under A1 P1
Administrative Law Licensing Law Human Rights Statutory Interpretation Licensing Criteria Judicial Review European Convention on Human Rights Ultra Vires +3 more

Case Brief

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Parties

Security Industry Authority

Appellant

Stewart

Respondent

Sansara

Respondent

Rahim

Appellant

Bakr

Appellant

The Queen on the Application of Egenti

Claimant

Highgate Justices

Defendant

The Security Industry Authority

Interested Party

Procedural Posture

Appeal and Judicial Review / High Court (divisional Court) Judgment on Appeals by Way of Case Stated and Judicial Review

Legal Issues

  1. 1 Whether the Security Industry Authority (SIA) and appellate courts are required to apply licensing criteria strictly or may consider individual merits in door supervisor licensing under the Private Security Industry Act 2001
  2. 2 Whether the SIA's criteria are ultra vires the 2001 Act
  3. 3 Whether the criteria or their application violate ECHR rights (Articles 6, 8, 14, and Article 1 of the First Protocol)

Ratio Decidendi

The SIA and appellate courts are required by the Private Security Industry Act 2001 to apply the published licensing criteria strictly, with no discretion to consider individual merits or circumstances. The criteria are intra vires the Act, and their application does not violate ECHR rights, being proportionate and justified in the public interest.

Court Disposition

All appeals and the judicial review are dismissed. The SIA's position is upheld.

Orders

  • Detailed assessment of costs for publicly funded parties (Rahim, Bakr, Egenti) allowed for legal aid purposes.
  • Leave to appeal refused by this court; parties may apply to the Court of Appeal directly.