Private Security Services Act 2004

Prohibition of employment of unlicensed person.

38

38.—(1) A person shall not employ a person, or engage an independent contractor, to provide a security service if that person or the contractor is required to, but does not, hold a licence to provide the service.

(2) A person who contravenes subsection (1) is liable—

( a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

(3) In any proceedings for a contravention of subsection (1) it is a defence to prove that the person providing the security service produced to the defendant—

( a) if the person is an individual, his or her identity card or licence, or

( b) if not, the person's licence.