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Prohibition of sale or letting on hire of video recordings by unlicensed persons.
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19.—(1) Subject to the provisions of this section, a person shall not sell, or let on hire, a video recording except in accordance with a licence for the time being in force.
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(2) This section does not apply to—
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(a) a sale or letting of a video recording containing only exempted works,
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(b) a sale or letting for the purpose of an exempted supply,
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(c) a sale by a person who, in the course of a business, makes video recordings to a person who holds a wholesale licence for the time being in force,
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(d) a sale that is part of a transaction relating to the disposal of property generally of any person,
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(e) a sale in respect of which it is shown by the seller—
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(i) that any profits therefrom are for use for charitable purposes or for other purposes from which no private profit is derived, and
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(ii) that no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents therefrom,
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(f) a sale by an individual, other than in the course or furtherance of a business, to another individual, or
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(g) a sale by wholesale for or in connection with the exportation from the State of the video recording concerned.
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(3) It shall be a defence to a charge of committing an offence under this section to prove that the accused believed on reasonable grounds that the sale or letting on hire concerned was not one to which this section applies or that it was in accordance with a licence for the time being in force.
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(4) A person who contravenes subsection (1) of this section shall be guilty of an offence.
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(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.
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