Managers and staff of Dudley nightclub prosecuted for fraud and unlawful security
Both had previously pleaded not guilty to working as unlicensed managers providing security at Monty’s Bar in Dudley on November 12, 2021.
Emma Spittle of Sedgley – one of the managers of Monty’s Bar – was fined £228, to pay costs of £416 and a victim fine surcharge of £34. Ms. Spittle was responsible for the deployment of security at the site and was therefore required by law to hold a Security Industry Authority (SIA) license.
Another Monty’s Bar manager, Jason Cooper of Dudley, was also fined £290 and ordered to pay court costs of £416 and a victim fine surcharge of £34. Mr. Cooper was responsible for checking with security personnel. Despite this responsibility, he himself was not an SIA licensee.
Ms Spittle and Mr Cooper had previously pleaded not guilty in court as they claim they were led to believe they were vetted by Dean McKibben, one of the site workers.
McKibben himself pleaded guilty to fraud and unlawful labor at Monty’s Bar and cafe on Wednesday June 22, 2022 at Dudley Magistrates’ Court.
The court gave Mr McKibben an 18-month community order that includes 240 hours of unpaid work. If McKibben does not comply with this sentence, he will be imprisoned. He had to pay £462 in court costs and a victim fine surcharge of £95 within 28 days.
The case followed a routine inspection of the site by SIA investigators and West Midlands Police licensing officers on November 12, 2021. SIA investigators identified that security at the site was employed in internal.
The SIA investigator realized that Dean McKibben was working that night but was not listed on the time sheet. He carried an SIA license with the expiration date crossed out. In fact, it had expired on January 22, 2021. McKibben had shown the managers of Monty’s Bar a fake SIA letter stating that he was laid off until January 21, 2022.
Mr. McKibben had also worked on the site on 10 occasions between October 8 and November 6, 2021. Each time, notes in the registration register incorrectly indicated that he was waiting for a new SIA license.
On the same night, another man was working as a security guard but was not carrying an SIA license. He left the scene, apparently to get his license back, and did not return. Persistent steps by the SIA investigator revealed that a license number had been entered in the attendance book under the man’s name, but the license belonged to another person who lived 120 miles away .
SIA investigators found that the man had never held an SIA license. He had also previously worked on the site 10 times. CCTV footage confirmed that the image on the corresponding license card did not match the man seen by SIA investigators. He failed to appear at Dudley Magistrates Court on June 22, 2022 and there is now a warrant for his arrest.
Nicola Bolton, one of the SIA’s criminal investigations officers, said:
Ms Spittle and Mr Cooper have now pleaded guilty to working as unlicensed managers. Mr. McKibben pleaded guilty to fraud and illegal employment without a valid SIA license. Mr. McKibben was served with a major court order and ordered to pay court costs and a victim surcharge. They all now have criminal records.
A key factor in the case is that Mr. McKibben had previously held a license. He was aware of the regulatory regime, the SIA, the licensing training, the various vetting procedures, and the general need for a license, but chose to circumvent it. Mr. McKibben lied to SIA investigators and his workplace to distract them from the truth. He then went on to work 10 times. The public is the victim in this affair. The objective of the permit system is to ensure the safety of people and to protect them during night outings. The defendants’ actions put their clients at risk.
Notes to Editors:
- By law, security guards working under contract must hold and display a valid SIA license
- Learn more about SIA enforcement and penalties
- The offenses mentioned above are as follows:
- Emma Spittle: Private Security Industry Act 2001, Section 3 – working without a license
- Jason Cooper: Private Security Industry Act 2001, section 3 – working without a license
- Dean McKibben: Private Security Industry Act 2001, section 3 – working without a permit; Fraud Act 2006, section 1 – misrepresentation; Fraud Act 2006, section 6 – possession of an item for fraudulent use
Further information :
- The Security Industry Authority is the body responsible for regulating the private security industry in the UK, reporting to the Home Secretary under the Private Security Industry Act 2001. The main tasks of the SIA are the granting of compulsory licenses to persons undertaking designated activities and the management of the voluntary licensed contractor program.
- For more information about the Security Industry Authority or to sign up for email updates, visit: www.gov.uk/sia. The SIA is also on LinkedIn Facebook (Security Industry Authority) and Twitter (@SIAuk).