This is where things begin to get interesting.
A television licence is only required when
equipment is used to receive or record television signals as they are broadcast to the wider public. (Edit: From 1st September 2016, a TV licence will also be required if a person uses equipment to receive on-demand programmes on the BBC iPlayer. Please see
here for more information).
If you don't use equipment as described above then you don't require a television licence.
You would think, understandably, that if you don't need a licence then you simply don't bother to buy one. That should be the end of the matter but it isn't. It won't take TV Licensing long to realise that your address is unlicensed and, given their misguided impression that no-one in the world can live without television, they'll want to know why.
Bear in mind too that they'll have a record of any television receiving equipment you have purchased or hired from one of their registered dealers in the past.
If your address is flagged on their database as being unlicensed then you can expect them to write to you asking for an explanation. They have received a lot of negative publicity about the tone and manner of their letters.
A lot of what is written is intended to scare licence evaders into buying a new licence, but this also has the consequence of appearing rude and accusatory to the innocent. They also like to bend the truth with regard to what your obligations are as the legal occupier of an unlicensed property.
I shall write a future post dedicated entirely to TV Licensing correspondence.
If you receive one of these letters you have two options - either respond saying you do not require a licence or ignore it.
Responding:
Let me be 100% clear that
you are not legally obliged to respond to any of their licence reminder letters. A lot of people choose to respond anyway because they think, mistakenly, that it will stop TV Licensing from bothering them again in future. It won't. If you tell them that you do not require a licence they will expect to make a confirmatory visit to verify that you're telling the truth.
That last sentence sums up nicely why TV Licensing is despised by non-TV viewers. You make the effort to reply - even though you aren't required to - and they basically accuse you of being a liar by insisting that they come and inspect your property anyway.
Suffice to say that they have no legal right, unless they have a search warrant (which they won't), to come and inspect your property and you should refuse to let them do so. I shall talk more about TV Licensing's rights of access in a future post.
Unfortunately, if you refuse to allow them access they will probably continue to harangue you with their irritating and accusatory reminder letters.
Even if you do roll over and let them inspect your property you can expect them to write again within about 6-months to check that your circumstances haven't changed.
Another thing I should mention is that if you do respond you are inevitably providing TV Licensing with extra information, which they could potentially use against you in future.
Ignoring:
This is an increasingly popular course of action as more people recognise and wish to make a stand against the underhand tactics employed by TV Licensing.
As I said previously, you are under no legal obligation to respond to these letters. If you don't use television receiving equipment then you are not committing an offence and you should be able to live without fear or intimidation from TV Licensing.
You can expect their letters to increasing in
frequency and become more accusatory in tone. Eventually, probably after several months of ignored letters, they will send one of their Enforcement Officers to pay you a visit.
As mentioned before they have no legal right, unless they have a search warrant (which they won't), to come and inspect your property and you should refuse to let them do so. They won't necessarily be candid about their lack of access rights, so don't be fooled into letting them in.
The best advice is to ignore the Enforcement Officer completely and avoid disclosing any personal information. Simply refuse to answer the door to anyone who identifies they're from TV Licensing. If you answer the door and discover it's an Enforcement Officer just keep quiet and close the door.
You can avoid these non-search warrant visits altogether by withdrawing TV Licensing's implied right of access to your property. More information about TV Licensing's rights of access in a future post.
Important:
If an Enforcement Officer visits and manages to see or hear a television in your property (even if it's only hooked up to a DVD player) then that is reasonable grounds for them to obtain a search warrant. It's a good idea to keep television sets away from windows and out of sight and earshot of the letter box.
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Related posts:
TV Licensing Correspondence
TV Licensing Rights of Access
Edit (15/8/16): Added note about changes to legislation from 1st September 2016. For more information see
here.