FINAL NOTICE

To:
Five Star of Formby (Alan Gabrielson trading as)

Dated:
7 February 2020

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mr Gabrielson.

2.
The Authority issued to Mr Gabrielson the Decision Notice which notified Mr
Gabrielson that for the reasons given below and pursuant to section 55J of the Act,
the Authority had decided to cancel Mr Gabrielson’s Part 4A permission.

3.
Mr Gabrielson has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was given to him.

4.
Accordingly, the Authority has today cancelled Mr Gabrielson’s Part 4A permission.

DEFINITIONS

5.
The definitions below are used in this Final Notice:

“the Act” means the Financial Services and Markets Act 2000;

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice issued by the Authority to Mr
Gabrielson pursuant dated 17 December 2019;

“Mr Gabrielson’s Part 4A permission” means the permission granted by the
Authority to Mr Gabrielson pursuant to Part 4A of the Act;

“the Overdue Balance” means the outstanding sum of £410.69, owed by Mr
Gabrielson to the Authority comprising an invoice dated 5 June 2018 for £250
(which was due for payment by 5 July 2018) for a late submission of a regulatory
return, which had been due to submitted by 18 May 2018; and

Five Star of Formby (Alan Gabrielson trading as) 7 February 2020
Final Notice
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an invoice dated 13 September 2018 for £160.69 (which was due for payment by
13 October 2018) for regulatory fees and levies for the period 1 April 2018 to 31
March 2019;

“the Principles” means the Authority’s Principles for Businesses;

“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;

“the Threshold Conditions” means the threshold conditions set out in Schedule 6

to the Act;

“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and

“the Warning Notice” means the Warning Notice issued by the Authority to Mr
Gabrielson dated 20 November 2019.


REASONS FOR THE ACTION

6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that Mr Gabrielson is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Gabrielson is a fit and proper person having regard to all the
circumstances, including whether Mr Gabrielson managed his business in such a
way as to ensure that his affairs were conducted in a sound and prudent manner.


7.
Mr Gabrielson has failed to pay the Overdue Balance and he has not been open and
co-operative in all his dealings with the Authority, in that Mr Gabrielson has failed
to respond to the Authority’s repeated requests for him to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that he is ready, willing and organised to comply with the
requirements and standards of the regulatory system.


8.
These failures, which are significant in the context of Mr Gabrielson’s suitability,
lead the Authority to conclude that Mr Gabrielson has failed to manage his business
in such a way as to ensure that his affairs are conducted in a sound and prudent
manner, that he is not a fit and proper person, and that he is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which he
was granted a Part 4A permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.

IMPORTANT

10.
This Final Notice is given to Mr Gabrielson in accordance with section 390(1) of the
Act.

Publicity

11.
The Authority must publish such information about the matter to which this Final
Notice relates as the Authority considers appropriate. The information may be
published in such manner as the Authority considers appropriate. However, the
Authority may not publish information if such publication would, in the opinion of
the Authority, be unfair to Mr Gabrielson or prejudicial to the interest of consumers.


12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.


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Authority contact

13.
For more information concerning this matter generally, please contact Funmi Ojo
at the Authority (direct line: 020 7066 1354).

Martin Butcher
Enforcement and Market Oversight Division