HC Deb 16 March 1984 vol 56 cc666-7

Amendments made:No. 42, in page 7, line 31, leave out from 'premises' to end of line 41 and insert— `other than a licensed sex shop, a person who supplies or offers to supply a video recording containing the work on premises other than a sex shop for which a licence is in force under the relevant enactment is guilty of an offence unless the supply is, or would if it took place be, an exempted supply.'

No, 43, in page 8, line 2, leave out 'this section' and insert 'subsection (1) above'.

No. 44, in page 8, line 5, leave out from 'concerned' to end of line 8 and insert—

  1. `(b) that the accused neither knew nor had reasonable grounds to believe that the premises were premises other than a sex shop for which a licence was in force under the relevant enactment, or
  2. (c) that the accused believed on reasonable grounds that the supply was, or would if it took place be, an exempted supply by virtue of section 3(4) of this Act or subsection (6) below

(3) Where a classification certificate issued in respect of a video work states that no video recording containing that work is to be supplied on any premises other than a licensed sex shop, a person who, on premises other than a sex shop for which a licence is in force under the relevant enactment, has a video recording containing the work in his possession for the purpose of supplying it anywhere other than on premises which are such a sex shop is guilty of an offence, unless he has it in his possession for the purpose only of a supply which, if it took place would be an exempted supply.

(4) It is a defence to a charge of committing an offence under subsection (3) above to prove—

  1. (a) that the accused neither knew not had reasonable grounds to believe that the classification certificate contained the statement concerned,
  2. (b) that the accused neither knew nor had reasonable grounds to believe that the premises on which it was his purpose to supply the video recording were not a sex shop for which a licence was in force under the relevant enactment, or
  3. (c) that the accused had the video recording in his possession for the purpose only of a supply which he believed on reasonable grounds would, if it took place, be an exempted supplu by virtue of section 3(4) of this Act or subsection (6) below.

(5) In this section "relevant enactment" means Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 or, in Scotland, Schedule 2 to the Civic Government (Scotland) Act 1982, and "sex shop" has the same meaning as in the relevant enactment.

(6) For the purposes of this section, where a classification certificate issued in respect of a video work states that no video recording containing that work is to be supplied on any premises other than a licensed sex shop, the supply of a video recording containing that work—

  1. (a) to a person who, in the course of a business, makes video works or supplies video recordings, and
  2. (b) with a view to its eventual supply in sex shops, being sex shops for which licences are in force under the relevant enactment,
is an exempted supply.'.—[Sir Bernard Braine.]

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