Security Guard or Company Licence Refused | Objection and Review

Objection and Review

If you are a security guard, you know that you need to protect your licence, after all, it’s your livelihood! Equally, if you are a professional preparing for a security guard exam and learning ‘the knowledge’ you would be very concerned if you were to have your licence application refused. In either case, we can assist you. We assist many hard working security guards with the legal complexities that come with security guard licence appeals, including both security guard licence refusal and security guard licence revocation.

The Company Licence

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Department Justis Licensing Committee. If that objection and review is unsuccessful, the security company can still make an appeal to the District Court. At this stage the burden of proof is on the council to prove that the organization is not aproper entity. The Department of Justis may also attach certain conditions on a security company licence, against which it is also possible to launch an appeal.

The Department Justis has powers to refuse a security company licence, but can a council actually prevent you from being granted a security company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to company licensing appeals answers are not quite so clear cut. Before issuing a company licence, the Department Justis must be satisfied that the applicant is a ‘proper person‘.

The Guard Licence

If the Chief Commissioner of Police refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Chief Commissioner of Police. If that objection and review is unsuccessful, the guard can still make an appeal to the District Court. At this stage the burden of proof is on the Chief Commissioner of Police to prove that the guard is not aproper person. The Chief Commissioner of Police may also attach certain conditions on a security guard, against which it is also possible to launch an appeal.

The Chief Commissioner of Police has powers to refuse a security guard licence, but can a council actually prevent you from being granted a security guard licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to security guard licensing appeals answers are not quite so clear cut. Before issuing a security guard licence, the Chief Commissioner of Police must be satisfied that the applicant is a ‘proper person‘.

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