The security industry strictly secured: refusal or withdrawal of a security pass by the chief of police

In order to work as a security guard in the private security industry, special permission from the chief of police is required to perform those activities. This is regulated by the Private Security Organizations and Investigation Agencies Act. The permission to perform the activities can be seen as a license: a security pass. This is indispensable.

Obtaining a security pass

When applying for a security pass, the chief of police will conduct an integrity screening to determine whether the chief of police has sufficient confidence in the integrity of the applicant. According to established case law, the integrity of the prospective security guard must be beyond doubt. It follows that not only criminal offenses in the judicial documentation of the person concerned are taken into account, but also “other facts known about the applicant.” This may include: information from police systems about incidents (including incidents for which no criminal prosecution has ever taken place), information from ongoing criminal investigations, but also, for example, information about the mental state of the person concerned.

The legislator has given the chief of police considerable leeway to include information from further back in time. The review period depends on the type of information available to the chief of police and usually varies between 4 and 8 years, but in some cases information from further back in time may also be included. When applying for a security pass, the personal interests of the applicant are not relevant. It is therefore not a given that a security pass will be granted without further ado. It may be advisable to have a lawyer look at the application when the pass is being applied for, so that you know in advance what to take into account.

Security pass revoked

An integrity screening is not only carried out at the time the security pass is applied for. In our practice, it is also common for a previously granted security pass to be revoked by the chief of police. For example, because new facts and circumstances have come to light at the police that call into question the integrity of the security guard.

The revocation of the security pass can have (very) serious consequences for the survival of a company, the income of the security guard in question, or, for example, the ability to complete security guard training. That is why the personal interests of the security guard in question do matter in the event of revocation. Certainly in the case of withdrawal of the security pass, it is therefore advisable to seek advice from a lawyer (in good time). The consequences of the withdrawal are significant and submitting a new application does not offer a solution. Instead, we can help the person concerned by studying the type of information available to the chief of police, assessing the relevant review periods, and working with the person concerned to set out their personal interests.

(Proposed) decision to revoke or refuse the security pass?

The chief of police may take many facts and circumstances into account when assessing the reliability of the applicant or holder of the security pass. However, not all of the information involved is necessarily relevant to the question of whether the applicant's reliability is currently beyond doubt. Have you received a notice of intent to refuse or revoke the security pass you applied for? Or has a decision already been made? Then get in touch with us. We can help you draft a statement of opinion or lodge an objection to the revocation or refusal of a security pass.