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Prohibition of employment of unlicensed person.
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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.
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(2) A person who contravenes subsection (1) is liable—
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(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.
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(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—
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(a) if the person is an individual, his or her identity card or licence, or
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(b) if not, the person's licence.
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