||All England Reporter
|| All ER (D) 465 (Oct)
|| EWHC 2338 (Admin)
||Queen's Bench Division, Divisional Court
Laws LJ and Mitting J
||David Perry QC and Selva Ramasamy (instructed by the Securty Industry Authority) for the SIA.
||Ramby De Mello and Tony Muman (instructed by JM Wilson) for the appellants in the second case.
||Nigel Ley (instructed by Bevans Bray Walker) for Egenti.
||31 October 2007
Licensing - Licence - Grant - Door supervisor - Licensing criteria - Applicants for licences having convictions for relevant criminal offence - Applicants refused licences - Applicants appealing against refusals - Whether legislation allowing for merits judgments and discretionary decisions - Whether licensing criteria ultra vires legislation - Whether criteria repugnant to claimants' human rights - Private Security Act 2001, ss 7, 8, 11 - 1, Pt 1, arts 6, 8, First Protocol, art 1.
The Security Industry Authority (SIA) and the appellate courts, acting under s11 of the were obliged to apply the criteria, which was to be interpreted as meaning 'a rule to be judged by', issued by the SIA under s7 of the Act and strictly decide the applicants' door security licence applications and the appeals accordingly since on the true construction of the 2001 Act no discretion was conferred on the SIA or the courts; they had to apply whichever of the published criteria covered the case in hand.
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