FINAL NOTICE

ACTION

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


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


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


4.
Accordingly, the Authority has today cancelled Southgate’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
Southgate dated 17 December 2019;

“the Overdue Balance” means the outstanding sum of £160.69, owed by
Southgate to the Authority for annual fees and levies for the period 1 April 2018 to
31 March 2019, which was due for payment by 25 October 2018;

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

“Southgate” means Southgate Garage;

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

“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
Southgate dated 27 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 Southgate is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Southgate is a fit and proper person having regard to all the
circumstances, including whether Southgate managed its business in such a way
as to ensure that its affairs were conducted in a sound and prudent manner.


7.
Southgate has failed to pay the Overdue Balance and it has not been open and
co-operative in all its dealings with the Authority, in that Southgate has failed to
respond to the Authority’s repeated requests for it to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that it 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 Southgate’s suitability, lead
the Authority to conclude that Southgate has failed to manage its business in
such a way as to ensure that its affairs are conducted in a sound and prudent
manner, that it is not a fit and proper person, and that it is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which it
has had a 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 Southgate 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 Southgate 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.

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