PART 5

Miscellaneous

Display of certain video recordings
70
1
This section applies to a video work in respect of which a classification certificate has been issued stating that no video recording containing that work is to be supplied other than in a licensed sex shop.
2
A person who at any place in a borough other than in a sex shop for which a licence is in force under Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) displays in the course of a business—
a
a video recording containing a video work to which this section applies; or
b
any packaging indicating that it contains such a video recording,
is guilty of an offence unless he is displaying the video recording or packaging for the purpose only of a supply which, if it took place, would be an exempted supply by virtue of section 12(6) of the 1984 Act.
3
It is a defence to a charge of committing an offence under subsection (2) above to prove—
a
that the accused neither knew nor had reasonable grounds to believe that the classification certificate contained the statement concerned;
b
that the accused believed on reasonable grounds that the place concerned was a sex shop for which a licence was in force under the said Schedule 3;
c
that the accused believed on reasonable grounds that were the video recording to have been supplied or offered for supply by him in the place concerned the supply would if it had taken place been, an exempted supply by virtue of section 3(4) or 12(6) of the 1984 Act.
4
A person guilty of an offence under subsection (2) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
5
In this section—
- “the 1984 Act” means the Video Recordings Act 1984 (c. 39);
- “classification certificate”, “video recording” and “video work” have the same meanings ascribed to them by the 1984 Act.