Pubs' £10k fine for illegal doorstaff

Pubs are running a heightened risk of prosecution for hiring illegal doorstaff because thousands of illegal immigrants are likely to hold door supervisor licences.

As a result of a serious loophole in the licence application process, many pubs are unwittingly employing doorstaff who hold a licence, but don't have the right to work in the UK.

The news comes as new fines of up to £10,000 per employee for "negligently" hiring illegal workers are due to be implemented.

The Home Office said 6,653 of the 40,000 non-European nationals who hold any kind of Security Industry Authority (SIA) licence do not have permission to work in the UK. A further 4,447 were described as "questionable and requiring further research".

SIA spokesman Robert Buxton said the number who hold doorstaff licences is not yet known.

But the figure is likely to be in the thousands as 40% of SIA licences are for doorstaff, although Buxton said many may have the right to work, but their details had not

been logged.

Illegal immigrants have been able to obtain SIA licences because the application form does not ask about the right to work in the UK.

Buxton said that since July 2007, checks have been carried out to ensure all new applicants have the right to work. Checks on current SIA licence holders have also taken place since then.

But Buxton urged vigilance: "We are trying to get people to check our register of licence holders more regularly, rather than just check the physical licence."

The Home Office said the SIA has written to everyone in its database who is not registered as having the right to work in the UK.

If they can't prove their

right to work within 21 days, the agency "will move to revoke their licences".

MA legal editor Peter Coulson said: "It's an appalling error that someone has made - and someone has to hold their hands up."

BII chief executive John McNamara advised licensees to ensure contracts with doorstaff agencies state that checks have been carried out on the supervisor's right to work.

Licensees face prosecution Risk

Licensees could be prosecuted for hiring illegal immigrant doorstaff even if they have a valid SIA badge, says MA legal editor Peter Coulson.

Coulson said any prosecution under the Private Security Industry Act 2001 is unlikely to succeed because the Act merely requires that doorstaff hold an SIA badge. But pubs could still fall foul of employment legislation.

"It's the legal obligation of anybody employing anyone in any regard to check on their right to work," said Coulson.

Under new civil penalties taking effect next month, employers negligently hiring illegal workers face fines of up to £10,000 per worker. Knowingly hiring illegal workers could land employers with unlimited fines or a prison sentence.

Temporary Doorstaff Shortage looms

Pubs face the prospect of a temporary doorstaff shortage due to reported delays in renewing SIA licences.

Delays of up to 12 weeks are

reported in processing renewals. SIA licences must be renewed every three years and the first renewals are

currently taking place.

It is illegal for doorstaff to work without a valid SIA badge, so the delay has led to the prospect of a doorstaff shortfall.

Mitchells & Butlers security and licensing manager Andrew Nicholls said: "There's some frustration with the delays. I'm hearing that they have lasted up to 12 weeks.

"Doorstaff apply in what they think is plenty of time, but it proves not to be the case."

Nicholls urged licensees to check that their doorstaff hold valid up-to-date licences and advised that doorstaff should renew early.

Buxton said Liverpool postal strikes around Christmas had an impact as the Criminal Investigations Bureau is in Merseyside.

But he added: "Generally there are no delays in the processing system.

"People can apply for licences up to four months in advance.

"I would warn licensees to be very careful as the time approaches when

licences are due to expire. The best thing to do is to check the licence number through the registration of licence holders on our website."

Visit www.the-sia.org.uk for details.