The Monday Start with an Expired Licence

No. Providing a security service without the required PSA licence is an offence under the Private Security Services Act 2004, as amended. The client's instruction, the value of the contract or the fact that applications are 'in the system' does not create a defence.

Contractor licence

• The company needs a valid PSA contractor licence for the category of service it will supply (here, static security guarding). A pending application is not a licence. Mark should check the PSA's public licence register and keep a copy of the licence and its expiry date.
• A contractor licence does not cover every category. If the site work includes door supervision or monitoring, a separate category may be needed.

Employee licences

• Every person providing the service needs a valid individual PSA licence for that category. Mark's brother's licence expired 11 days ago: an expired licence is not valid, even if renewal is pending. He cannot lawfully work as a security guard until the new licence issues.
• Ana has completed training, but training is not a licence. She cannot be deployed until her application is approved and the licence is issued.
• A contractor must not direct or knowingly allow an unlicensed person to provide a security service. The employee also risks committing an offence and damaging future licensing.

Practical point: Mark can tell the client the truthful start date once licences are confirmed, or use a properly licensed subcontractor with written confirmation and copies of licences. He must not let the client's deadline override the Act.

Client

• Tell the client immediately that the Monday start cannot go ahead unless valid licences are in place. Provide a realistic date and offer a licensed subcontractor as an alternative, with evidence of the subcontractor's contractor licence and staff licences.
• Do not ask the client to describe the workers as 'maintenance' or 'labourers' to avoid PSA requirements. That is a false description and increases risk.
• Put the advice in writing and keep it.

Workers

• Move the brother to non-security duties (if any) until his renewal is granted; do not let him wear a security uniform, use the title 'security guard' or carry out access control.
• Do not deploy Ana. Keep her training record, but explain that she cannot start until her licence issues. Do not pressure her to work 'off the books'.
• Review any other staff files for expiry dates and category gaps.

Inspector

• Cooperate fully and promptly. Provide the company's licence status, staff licence numbers, training records and assignment sheets. Do not backdate documents, create a false start date or send edited records.
• If errors are found, correct them and explain the remedial action. Concealment is far worse than an honest compliance failure.
• Consider notifying the client and seeking legal/PSA guidance if an unlicensed shift has already occurred.

Before the first shift, the company should hold:

• Contractor licence for the correct category, with expiry date and a copy on file.
• Individual licence register for every employee: name, licence number, category, issue/expiry date, and a copy of the licence. Set reminders at least 30 days before expiry.
• Training records: certificates for the required training, dates, trainer and refresher dates.
• Vetting/background checks where required by PSA conditions.
• Site file: contract, assignment instructions, site risk assessment, emergency procedures, fire exits, report lines, client contact and lone-working arrangements.
• Insurance and a complaints/incident procedure.
• Records of hours and deployment so the company can show who was on site and that they were licensed at the time.
• Data protection records for any CCTV or personal data the guards handle.

The test is not whether paperwork exists, but whether it is accurate, current and available for inspection. A blank or reconstructed file will not protect the company.