FOI release

SIA enforcement actions in Belfast

Updated 12 April 2023

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This publication is available at https://www.gov.uk/government/publications/sia-enforcement-actions-in-belfast-and-edinburgh/sia-enforcement-actions-in-belfast

1. Request

[This request follows on from a previous request: FOI 0396, ‘SIA enforcement actions in Belfast and Edinburgh’]

  1. We note that there has been 13 investigations in Belfast altogether to identify those engaging in licensable conduct without a licence or employing unlicensed persons in licensable conduct from both a criminal and compliance perspective. There was also found to be 5 individuals and 2 businesses in Belfast employing unlicensed persons in licensable conduct from a criminal perspective. Why then were no warnings or improvement notices issued?
  2. When a criminal investigation is taking place from a SIA perspective would the SIA be willing to allow for a victim impact statements to be considered should a third party be attacked or assaulted by an individual engaging in licensable conduct?

2. Response

I can confirm that we do hold this information.

2.1 Question 1

The SIA does not only ‘find’ individuals or businesses employing unlicensed persons. The SIA works from majority referrals involving offenders who have not been ‘found’ but appear in other materials which suggest that offending may be taking place. Therefore, the SIA has interpreted your question as meaning ‘there were also referrals’, as opposed to the SIA ‘having found’ 5 individuals and 2 businesses (in Belfast).

The Criminal Investigation team does not issue warnings and we do not have access to adult cautions as an alternative means of disposal. Criminal matters are assessed against the Code for Crown Prosecutors, namely the evidential and public interest tests. The satisfying of these tests will determine the outcome of the referral and investigation.

2.2 Question 2

The SIA does not investigate matters of assault. Should an assault on or by a licence holder take place, this would be investigated by the police and would be subsequently referred to the public prosecutor, CPS and not the SIA. It would be a matter for these agencies to decide whether a victim impact statement is appropriate.

The SIA has and does take victim impact statements where there are victims of fraud when we have prosecuted offences under the Fraud Act 2006.

[Reference: FOI 0397]

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