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.