Howard, Richard (Case reference: 185065)
| Case Number | 185065 |
| Published date | 01 February 2021 |
| Adjudicated Party | Howard, Richard |
| Procedure Type | Naming Case (Phone-Paid Services Authority) |
1
Tribunal meeting number 275
Case reference: 185065
Case: Prohibition of an associated individual
This case was brought against the associated individual under paragraph 4.8.8 of the 14th
edition of the Code of Practice (“the Code”).
Background
Summary relating to Mr Richard Howard
The Tribunal was asked to consider imposing a prohibition against Mr Richard Howard
pursuant to paragraph 4.8.3(g) of the Code.
The case related to an adjudication against the Level 2 provider, Premier Ventures Ltd, ‘the
Level 2 provider’, which was heard on 13 November 2019 (case reference: 141951). The
adjudication concerned a call-connection service operating on premium rate numbers
09055952952 and 09055958958 (“the Service”). As part of the adjudication against the Level
2 provider, the Tribunal recommended that the Executive consider initiating the process which
may lead to the prohibition of Mr Howard pursuant to paragraph 4.8.3(g) of the Code.
Relevant Code Provisions
• Paragraph 4.8.8 of the Code states:
“(a) If a Tribunal considers that it may wish to make a prohibition under sub-paragraph 4.8.3(f),
4.8.3(g) or 4.8.3(h) in respect of any associated individual, the PSA shall first make all reasonable
attempts to notify the individual concerned and the relevant party in writing. (b) It shall inform each of
them that any of them may request an opportunity to make repr esentations in writing, or in person, to
the Tribunal and of the right of any of them (or the PSA it self) to instead require an oral hearing.”
• Paragraph 4.8.3(g) of the Code states:
“Having taken all relevant circumstances i nto account, the Tribunal may impose any of the following
sanctions singularly or in any combination in rel ation to each breach as it deems to be appropriate
and proportionate: (g) prohibit a relevant party and/or an associated individual found to have been
knowingly involved in a serious breach or series of breaches of the Code from providing, or having any
involvement in, any PRS or promotion for a defined period. ”
• Paragraph 5.3.9 of the Code states:
“‘Associated individual’ is any sole trader, partner or direct or or manager of a Premium rate service
provider, anyone having day to day responsibility for the conduct of it s relevant business and any
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