The latest news from Be Smart

COMING SOON: Compulsory Retraining for Door Supervisors

December 16th 2009

A new consultation released by the Government outlines proposals for Door Supervisors to undertake compulsory top-up training in order to renew their SIA licences.

Government estimates put the annual cost of the proposed extra training between £10.1m and £25.9m.

The top-up training would be compulsory when Security Industry Authority (SIA) licences are renewed every three years. On-going refresher training in physical skills would also be needed.

This is the Home Office’s preferred option outlined in a new consultation, released today.

A statement from the department said the aim is “to protect the public by raising standards of training across the industry”.

Additional training will include physical intervention, first aid, special considerations when dealing with young people and awareness of the threat of terrorism.

Bill Butler, SIA chief executive, said: “We welcome these proposals, many of which were suggested by the Industry.

“They understand the challenges faced by door supervisors and the skills needed to carry out their duties professionally, whilst protecting the public.

“We are encouraging those working in the door supervision sector, training providers and stakeholders to contribute to this important piece of work.”

If the decision is made to implement the proposals, top-up training will be compulsory for all door supervisors from May 2011.

The SIA said it would work with awarding bodies to ensure training is available from October 2010.

The 14-week public consultation can be viewed here: www.homeoffice.gov.uk.

beSmart already offers a range of continued professional development courses for door supervisor such as physical intervention and first aid.  If you want to be ahead of the game give us a call on 020 7237 6007 or visit our website at www.besmart-training.co.uk.

National Roll-Out of Door Supervisors Group

November 19th 2009

A national roll-out of local pubwatch-style groups for doorstaff, to share information on troublemakers and promote best practice, is being planned.

Doorwatch sees door supervisors keeping in contact with each other and police and bringing information on troublemakers to the attention of licensees.

The scheme originated in Tiverton in Devon where it was credited with achieving a 17% drop in alcohol-related disorder. It operates in other parts of the region, plus Coventry, and is expected to start in Nottingham.

Security expert Ian Fox, a director of the Institute of Conflict Management, is helping to co-ordinate the scheme nationally, along with its founders Gerald Eva and Jason Gardner.

There are plans for local coordinators and a national committee, mirroring the set-up of the National Pubwatch scheme.

A central website is being devised to share best practice and promote the positive side of the industry. It will also lobby on various issues affecting doorstaff.

In addition, ideas for campaigns on civil action against thugs who attack doorstaff, and providing a counseling service are being considered. Services would be free.

National Pubwatch chairman Steve Baker said: “I welcome anything that improves the professionalism of doorstaff.

“However, I would offer a few words of caution. I would not want to see doorstaff or police using the new organisation to influence the running of licensed premises at arms length.

“The term ‘doorwatch’ suggests a similar function to that already effectively carried out by existing pubwatch schemes. There should be no confusion as to the role of doormen and licensees in the management of licensed premises.”

He suggested a name change for doorwatch to avoid confusion.

Fox stressed: “It’s up to the pubwatch to decide who gets banned. We are absolutely not involved in that decision. Our role is to communicate information that helps make the night-time economy safer for all.”

beSmart Training offers courses for would-be door supervisors on a regular basis.  To work as a door supervisor now you must attend a four-day course and successfully pass two multiple-choice examinations to get the required qualification.  Once you have your qualification you must then apply for a Security Industry Authority (SIA) Front Line Door Supervisor Licence.

For more information on beSmart Training’s courses go to our website at www.besmart-trainnig.co.uk or email us on info@besmart-training.co.uk.

Security boss working without holding an SIA licence is fined

November 14th 2009

A security boss has been found guilty of working as a security director without holding an SIA licence. Mark David Livingston, 47, was the director of Hallmarc Security Ltd based in Grantham and supplied door staff in the area. Livingston initially held a licence but failed to renew it on expiry.

At Grantham Magistrates’ Court, he pleaded guilty to two offences of working as a director without an SIA licence and was fined £500 for each. He was also found guilty of one offence of failing to provide information to the SIA and fined £300 – failing to comply with the SIA’s power to require information was not merely a technical offence, the court heard. The offences are set out in the Private Security Industry Act 2001.

As well as the fines, Livingston was ordered to pay prosecution costs of £12,000, total fines and costs of £13,300.

The SIA’s Formal Investigation Team investigated and took the case forward for prosecution after a referral from the SIA’s East Regional Team. This followed a joint compliance operation with Lincolnshire Police in April 2008.

Sara Brennan, an SIA Head of Investigation, said: “This has been a challenging case but SIA licensing must be adhered to. Livingston ignored the law and this is a clear warning to others that non-compliance will not be tolerated.”

Directors, managers and supervisors of security companies are required to hold at least a non-front line SIA licence.  It is also illegal to work as a door supervisor without an SIA front-line door supervisor licence.

beSmart regularly run courses offering SIA approved security courses.  Check-out our website at www.besmart-training.co.uk for more information.

Cowboy Wheel Clampers to be rooted out and shut down, warns Transport Minister

October 22nd 2009

Ray Massey from the Mail Online reports today: Cowboy clamping companies that fleece motorists through ‘legalised mugging’ have failed to clean up their act and will now be rooted out, parking bosses will be told today by ministers and motoring champions.

Transport Minister Sadiq Khan will warn vehicle immobilisation firms to their face that the days of ‘disreputable operators’ ripping off motorists are over and that the Government intends to ‘root out the rogues, combat the cowboys, banish the bullies and put a stop to their wholly unacceptable activities for good’.

And AA president Edmund King will tell delegates to a special ’summit’ of the British Parking Association that they are in the ‘last chance saloon’ noting: ‘You have had your chance to clean up your act but have failed.

‘Self-regulation has failed.  We have reached the end of the road on reining in the antics of unscrupulous wheel clampers whose immoral excesses are reported to us almost daily.’

The broadside comes in the wake of  a notable victory for the Daily Mail after ministers  pledged to back a four-point  initiative by this newspaper to crack down on the unregulated cowboys  whose antics in England and Wales have been condemned as ‘legalised mugging.’

In Scotland clamping on private land is outlawed as ‘extortion and theft’.

The AA Mr King will tell delegates that the problem is not just a few isolated one-man band clampers, but that ’several of the established’ companies who are themselves members of the 650-strong British Parking Association are also failing to abide by their own code of practice.

He says a 64 per cent rise in clamping over the last 12 month is down in part to the fact that  many are trying to ‘cash in’ now before tougher regulation drives them out of business: ‘The dramatic increase in clamping is due to the fact that the cowboys know they are drinking in the last chance saloon and are trying to cash in before regulation drives them out of town.’

Attacking the ‘bully boy’  tactics of unregulated clampers imposing unfair and ‘draconian’ punishments,  Mr King says parking firms and clampers have wasted a chance to clean up their act – because many have refused to do so.

Mr King will tell the London conference of the  British Parking Association  which represents 650 members: ‘You have had your chance to clean up your act but have failed. It is not just the one-man band clampers that are out of order but several of the established companies. Self-regulation has failed. ‘

The AA has told the Home Office that their proposed new regulations on clamping  will fail without an independent regulator and independent appeals process.

The AA highlights has compiled from complaints a catalogue of ‘cowboy’ clamper tactics including:

* Parking decoy cars to ‘encourage’ people to park
* Hiding signs by parking the clamp van in front of them
* Making up and adding extra charges such as ‘tow truck called’ fee, swear box fee, ‘police called nuisance fee’
* Clamping drivers still in the vehicle who have pulled over to check a map or make a phone call
* Deliberately targeting ‘vulnerable’ motorists

Motorists deserved a fair and proportionate response to minor breaches of rules ‘rather than extortion, threats and profiteering,’ he says.

Penalties and appeals for off-street parking should be similar to those for on-street infringements and demanded an independent appeal against a clamp, removal or ticket.

Mr King noted: ‘We have reached the end of the road on reining in the antics of unscrupulous wheel clampers whose immoral excesses are reported to us almost daily.  Licensing has not worked as, in many cases, it has simply legalised the cowboys.’

He cites charging pensioners £370 to recover their car after a minor parking error or leaving an 18-year-old female alone overnight in a city because her car was taken and not given back until the next day.

Mr King will tell  parking delegate that ‘toothless’  licensing of the industry in 2005 became a ‘licence to print money’ for many.

‘Some ever resourceful rogue clampers often tacked on spurious charges, even having the audacity to impose extra ones for calling the police or swearing.’

Clampers routinely charge a clamping release fee and removal charge taking the cost to  more than £500  – even if a tow away never takes place.

If the Government’s planned crackdown does not work then clamping on private land should be outlawed as it was in Scotland in 1992.

Mr King highlighted a report by insurer LV which said the number of motorists who have been wheelclamped has risen by 64 per cent in the last 12 months with private clamping firms taking £58million.

In response to  the scale of the scandal unveiled by a Daily Mail investigation last month, Home Office Alan Campbell, responsible for drawing up new legislation to crackdown on abuses, agreed to act on the Mail’s four-point action plan to:

* limit the size of penalties dished out by firms
* regulate towing practices
* put in place an effective and fair appeals process

He is currently thrashing out with civil servants the means of making such an appeal system fully independent.

Ministers are also investigating ways to curb the incentives given to clamping firms by land owners, which has seen clampers offering to work for free for  landowners- paying them a £50-per-car bounty for each one clamped.

But Transport Minister Sadiq Khan has already said that the Government’s aim would be to make the appeals system ‘independent’.

Home Office Minister Alan Campbell said: “We are currently looking to introduce a compulsory licensing scheme for all wheelclamping businesses.

‘We need to limit the size of penalties dished out by firms, regulate towing practices and put in place an effective and fair appeals process. Alongside this, we will also look at the issue of incentives given to clamping firms by land-owners.’

The Home Office is to publish of draft legislation in the Policing, Crime and Private Security Bill in the Queen’s Speech on November 18.

Even the British Parking Association said it recognised weaknesses in the current regime.

A spokesman said: ‘The British Parking Association, which has an Code of Practice for its members, has been calling for and would welcome legislation that improves standards and fairness within the parking industry, and in particular that calls time on the cowboys.’

Chief executive Patrick Troy added: ‘We are confident that the majority of people around the table have the same aim as us – to ensure parking is regulated in a fair and transparent way.

‘This is the reason why the British Parking Association called the summit – with all attending looking forward and working together to generate ideas and find solutions to make parking fairer for all.’

Training and licensing for individuals who actually do the clamping has been a legal requirement for several years.  beSmart Training regularly runs courses for individuals who wish to get a Security Industry Authority License for vehicle immobilisation.  The licence allows individuals to clamp, immobilise, block or tow vehicles who contravene parking regulations on private land.   Please go to our website for more information.

NEW SIA Training Structure

October 12th 2009

As promised the SIA have now announced the new training criteria that will be introduced for licensing next year.

The new modular qualification structure:

Licence Core Module Specialist Module Conflict Management Escorting & Disengagement
Door Supervision Core Specialist Door Supervision Yes Yes
Security Core Specialist Security Yes
Close Protection Specialist Close Protection Yes
Public Space Surveillance (CCTV) Core Specialist Public Space Surveillance CCTV
Cash and Valuables in Transit Core Specialist Cash and Valuables in Transit
Vehicle Immobiliser Core Specialist Vehicle Immobiliser Yes

A full certificate for the relevant sector is still required. The new modular format means those undergoing the training (for most sectors) will take common units – core security, and conflict management – followed by a specific unit for each security sector.

A licensed operative who has already passed the two common units will therefore only need to sit the relevant additional specialist unit if they wish to gain a licence for another sector.

The qualifications are taken by applicants for front line licences. Applicants for non-front line licences do not require a qualification because they do not carry out front line activities. Those applying for a Key Holding licence will not need to take a qualification.

As there is a different qualifications system in Scotland, the new regime will be introduced there later. The new door supervision qualification will be introduced from June 2010, and the other unitised qualifications from September 2010.

Several different types of organisation are involved in the creation and delivery of the licence-linked qualifications.

beSmart will be able to offer all sectors of the door supervisor course, security guarding course and vehicle immobiliser course.  For more information visit out website at www.besmart-training.co.uk

SIA Announce New Training Plans

October 8th 2009

The SIA has today announced that new updated and modular training for SIA Licences is to be introduced.

New licence-linked qualifications are to be introduced next year, bringing the training up to date and introducing a modular structure.

This follows an industry-led review of the SIA specifications that drive training content. The new specifications reflect current industry best practice so that individuals working in the security sectors undergo good basic training for their role.

A new structure with core plus specialist modules means less overlap and duplication in content across the sectors. This will make it easier to get qualified to obtain more than one licence, as just the relevant and required training needs to be taken for each additional qualification.

The new qualifications are now being developed by the awarding bodies and will be offered by training providers across the UK from:

June 2010 for door supervisors; and
January 2010 for operatives in all other sectors (September 2010 in Scotland).

After these dates, all applicants applying for an SIA licence for the first time must hold either the new qualification; or a current qualification that is less than three years old.

Hazel Russell, SIA director of Strategy and Corporate Services, said: “Licensing for security operatives has done much to reduce criminality and raise standards in the private security industry.

“As the role and responsibilities of security staff evolve, it is important that their training reflects these changes and equips them for the challenges they face.

We now have industry-led content, meaning it is relevant and has been developed in conjunction with those working in the licensable sectors. This will benefit the operatives, businesses and the public.”

The content for all of the SIA specifications has changed and been updated. For most sectors there are not major changes to the content areas included. The exception is door supervision, where significant changes have been made at the request of industry to reflect up to date working practices.

There are currently no further training requirements for any existing licence holders who wish to renew their licence. However, because of the changes to the door supervision area, there may at a future date, be a need for a short ‘top-up’ training session for this sector. This proposal will need to be subject to public consultation and will not be a requirement, if at all, until after May 2011. Any requirement will be announced a year before this date to give the industry plenty of time to do the training.

As soon as any further news is available we’ll let you know.

BeSmart currently offers regular SIA approved courses at its London training centre.  For more information go to our website at www.besmart-training.co.uk.

Operation Targets Unlicensed Door Supervisors

September 30th 2009

A joint operation between West Yorkshire Police’s Licensing Department in Bradford and the Security Industry Authority (SIA), to crack down on unlicensed door supervisors, has resulted in the first conviction for the Bradford area.

The 29 year old from Huddersfield was spotted on the evening of the 28th November 2008, working outside a premises on Morley Street in Bradford. He was found to be working as a Door Supervisor while his license had been revoked.

Miles McDonald appeared before Bradford Magistrates Court on 21st September where he was found guilty and ordered to serve four weeks community service along with a curfew and pay court costs.

Susanne Dawson, Licensing Officer at Bradford South Police said, “Checks will continue to take place. This conviction is a warning to other people who wish to work without the necessary authorisation from the Security Industry Authority (SIA). It is not acceptable and this case highlights how seriously the matter can be taken.”

Lucia Howland, an SIA Head of Investigation said: “Door supervisors play an important role in ensuring a safe night so it is vital they are professionally trained and qualified. Those who persist in working without a license put themselves at risk of prosecution, and this conviction demonstrates that unlicensed activity will not be tolerated. We will continue to work with our partners in West Yorkshire to ensure that only those who hold a valid SIA license can work.”

If you would like to become a door supervisor, beSmart Training offer regular door supervisor courses in London for anyone who wants to get an SIA licence for door supervision.  For more information please go to our website at www.besmart-training.co.uk or call on 020 7237 6007.

Door Supervisors in Notts pass SIA Inspections

September 28th 2009

By law all door supervisors must have SIA licence and display it at all times while on duty. The Security Industry Authority (SIA) has been conducting rigorous inspections all over the country to ensure all door supervisors are in compliance with the Private Security Act.

Last weekend, the SIA inspection team was in the Nottingham area and together with some officers from Nottinghamshire Police they inspected 7 establishments and 17 door supervisors had their licences checked to confirm they were valid. All 17 workers had valid licences and only one worker received a warning for not displaying his licence.

SIA Head of investigation Nigel Davies commented on the checks:

“I’m pleased with these results, as SIA-licensed door supervisors are a big factor in helping members of the public to enjoy their night out. Door staff are reminded that they must display their licences at all times when working, otherwise they are breaking the conditions laid down by regulation.”

Neighbourhood policing inspector Al Pearson added:

“We liaise very closely with the SIA to ensure that all door staff operating in Carlton are suitably qualified. I’m delighted that this inspection has reflected the hard work that has been put in.”

The compliance levels found in Notts and the combined work between the Local Police, SIA inspector and Neighbour Watch Teams were another positive example of partners working together for a safer city.

What to do if you’ve been clamped

September 9th 2009

beSmart Training specialise in training people who wish to become Vehicle Immobilisers (or “wheel clampers”) and who require a Level 2 BTEC Award in Vehicle Immobilisation in order to apply for a Front Line Immoblisation Licence from the Security Industry Authority (SIA).

If you would like the dates of our next courses, please click here. We also offer a “One Stop Shop” option where we help our clients to fill in the necessary paperwork.

Once you have this particular SIA license, you can clamp, block or tow vehicles on private land. The key words being “private land”.  

There has been much bad press recently about wheel clamping, clampers and clamping companies. It is very easy to complain and kick-up about these organisations (our clients), but at the end of the day they do provide a very real and necessary service.

If you are one of those who complain about them, think on this….. what would you do if someone parks in your driveway? It is private property so the police won’t be interested… a civil matter.  What if they continue to park in your driveway day after day?  You would be pretty fed up, wouldn’t you?  Well, it is exactly the same for other peoples “private land”.

However, if you have recently fallen foul and truly feel that it was not your fault, the following tips may be useful for you.

  1. Do not try to cut the clamp off. 
    If you are caught cutting or damaging a wheel clamp you are committing a criminal offence (criminal damage) and the clamping company could prosecute you. If you decide it is worth the risk and do cut the clamp off, make sure you leave it behind.  If you remove the clamp you have also committed theft as well as criminal damage.
  2. Remember: you can’t hide
    Bear in mind the clamping company will have your vehicle details so if you do either of the above they will be able to trace the vehicle.  If they are a legitimate clamping company working within the rules, they will also have photographs of your vehicle committing the parking violation and they will have pictures of your vehicle before and after being clamped.
  3. Stay calm
    Please remember not to abuse the person who comes to declamp your vehicle.  This person wants to help you by removing the offending article – they may not be the person who affixed it.  If you verbally or physically abuse the person who has come to declamp your vehicle they may call the police.  They may also just leave without declamping the vehicle.   Some companies have recently introduced a policy to tow away the vehicles of abusive people as a matter of course.
  4. Ask to see their SIA Vehicle Immobiliser Licenses
    If you are clamped you should request to see the SIA vehicle immobiliser licence for ALL of the clampers who attend you and your vehicle for declamping.  You should make a note of the name and licence number and the expiry date and then check them on the SIA website at www.the-sia.org.uk.  This also applied to anyone who tries to remove your vehicle.  The vehicle immobiliser licence is valid for one year only so many clampers forget to put in their renewals and could therefore be working on an expired licence.  If this is found to be the case, you have grounds for getting your money back as the clamping is illegal.
  5. Check for clear signage
    If clamping warning signs are covered or unreadable you should take photographs to prove this and you may have grounds for appeal.  Remember that the clamping company will have pictures too, or they should have.
  6. Formalise your complaint
    You cannot appeal a clamping/blocking or towing until after you get your vehicle back.  This means paying up and then fighting for your money back.  When you pay to be declamped you MUST ask for and receive from the company a receipt for your payment and you MUST also get an appeals notice which will give you details on how to appeal your penalty charge.  If you do not receive this information you MUST contact the Security Industry Authority and make a formal complaint against the company who made the charge.

There are two legal precedents used in the industry.  One is Arthur versus Anker and the other is Vine versus London Borough of Waltham Forest.

Arthur versus Anker (Court of Appeal 1996) addresses the laws of consent and distress/damage and lays down guidelines as to when clamping is permissible.  This case highlighted that the vehicle owner had knowingly parked in violation of restrictions and was correctly clamped.  The court of appeal rejected the vehicle owners (Mr Arthur’s), claim and laid down the principles of law which now govern modern wheel clamping.

Vine versus London Borough of Waltham Forest (Court of Appeal 2000) addresses the law of contract.  Ms Vine won her case against the London Borough because the clamp warning signs were hidden and she did not see them.  Therefore, she could not have consented to the clamping.  The case also highlighted the requirement for penalty fees to be reasonable. Many councils have since stopped using clamping techniques and now rely on penalty charge notices, so council run car parks are probably safer than an unknown private car park.

Remember the most important thing of all: if you don’t contravene parking restrictions you shouldn’t get clamped. 

LOOK for the signs and remember to alway make sure any permits or tickets are adquately displayed. 

DOUBLE CHECK that you are parked within marked bays within a parking area 

NEVER park in a disabled or reserved space 

ALWAYS if in doubt, find somewhere else to park!

Clamper Says A Clamping Ban Would Lead To Chaos

August 25th 2009

A CAR clamping boss claims a ban on private clampers would lead to “anarchy and chaos”.

Tony Fithon, managing director of Colchester clamping firm, Impact Security Services, says AA calls for a ban are unnecessary and would leave the police and other authorities under pressure.

The big problem is that there is no ceiling on what you can charge to release a clamped car.  If the Government put a limit in place, all these problems would go away.”  said Tony Fithon, of clamping firm, Impact Security Services

The motoring organisation has condemned unregulated private clamping firms as “immoral” and is urging the Government to ban them.

But Mr Fithon said: “Wheel clamping plays an important part in the overall security of the UK.

“If you took doormen off the doors on a Saturday night in Colchester, the police could not cope and the bars and night clubs would have to shut down.

“If you took the traffic wardens off the streets, there would be chaos and anarchy and it is exactly the same with car clamping. The police would have anarchy in the UK.”

He added: “The big problem is that there is no ceiling on what you can charge to release a clamped car.

“If the Government put a limit in place, all these problems would go away.”

The AA says some unscrupulous companies are charging as much as £500 to release vehicles.

It also believes it is too easy for people to get access to Government records of car owners’ details, allowing almost anyone to set up a car clamping business.

Paul Watters from the AA said: “The lure of uncontrolled money-raking is so great some companies even offer DIY packs, with signs clampers can print off the internet.

“Private parking enforcement is big business, generating millions of pounds and no one notices, or acts when the rules are broken.

“The public has absolutely no protection if a private parking firm acts unfairly, as it is a civil matter and no one is interested in helping.”

Essex University recently backed down in a row with students, hundreds of whose cars were clamped by Woodlund Services, which then demanded £50 to release them. In the end, the university agreed instead of clamping, drivers would simply be given a penalty notice, warning cars were liable to be clamped in future.

The Government has promised legislation regulating clampers will be introduced in 2010.

All vehicle immobilisers who clamp or tow vehicles on private land must be licensed by the Security Industry Authority.  To get licensed they must pass two examinations which cover current legislation, good practice and conflict management, and have a criminal record check.  beSmart Training run these courses every month at their London training centre.  Go to our website at www.besmart-training.co.uk for more details.

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