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.
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.
Related posts:
TV Licensing Correspondence
TV Licensing Rights of Access
A television licence is only required when equipment is used to receive or record television signals as they are broadcast to the wider public.
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.
Related posts:
TV Licensing Correspondence
TV Licensing Rights of Access
35 comments:
I too have had similar experiences as a non TV viewer consumer at the hands of TV Licensing.
IN THE HOUSE WHERE I LIVE 274 BOWES ROAD N11 1 AT, THERE ISN'T A ELLETTRICITY SUPPLY FROM THE 18/21 March 2010...so how is possible use or watch illegaly tv or any other stuff,consolle,dvd reader,computer,if there is no supply of elettricity????PLEASE,PLEASE,PLEASE,STOP BOTHER ME!!REALLY PLEASE STOP BOTHER ME!!!If you don't believe me check from the elettriocity company!do wath you want,but please stop bother me!!thank a lot
IN MY HOUSE THERE ISN'T ELETTRICITY SUPPLY FROM MARCH 2010...HOW IS POSSIBLE USE ANYTHINK WHO NEED ELETTRICITY FOR WORKING???TELEVISION,DVD READER,CONSOLLE,COMPUTER....SO PLEASE,PLEASE,PLEASE,STOP BOTHER ME,REALLY STOP BOTHER ME!!!IF YOU DON'T TRUST ME HAVE A CHECK FROM THE ELETTRICITY COMPANY AND STOP BOTHER ME PLEASE....THANKS A LOT!!
wHAT I CANNOT UNDERSTAND IS THAT EVEN IF YOU DONT HAVE A TV THEY STILL THINK THEY CAN CHARGE YOU FOR USING A MOBILE PHONE IN YOUR GAFF. IF YOU BUY A MOBILE THEY WONT TELL YOU IN THE SHOP THAT YOU NEED A TV LICENCE. i would not let there officers in, in fact i would wait for them to turn up & have my mates dress up trigger happy tv style & make a fool of them then post it on U TUBE for a laff!!!
How legit is it that they can obtain a warrant simply because someone was watching a dvd? I have no obligation to hide what I am doing, hide my tv or keep the curtains closed, even if I watch i-player frequently.
How does this perfectly legal practice 'warrant' further investigation and if it leads to a search warrant being issued what recourse do I have in law in regards to their invasion and false accusations?
I always choose to ignore their letters because they imply that by informing them of not requiring a tv license you are agreeing to a confirmation visit. Well no thanks, I don't ned a license, I don't need to tell anyone and I don't need a visit to confirm either.
What I need, is to be able to go about my business without having to hide (making myself look suspicious?) doing something perfectly legal to avoid having my home and my privacy invaded via a dubiously issued search warrant.
I have been reading the information on this website with interest. However it has left me a little confused.
When searching for information on the web in answer to the question “Under which circumstances do I need a TV Licence” I find many varied (usually well meaning) answers.
People often give their own interpretation of the law. These interpretations can sometimes be misleading.
This information is quoted on this website:-
3. When do I need a TV licence?
Ans: The law requires that a licence is obtained for any device that is "installed or used" for "receiving or recording a television programme at the same time (or virtually the same time) as it is received by members of the public".
The following is the “Exact” wording taken from the Communications Act 2003 PDF document on the Government Legislation web site.
PART 4
LICENSING OF TV RECEPTION
363 Licence required for use of TV receiver
(1) A television receiver must not be installed or used unless the installation and
use of the receiver is authorised by a licence under this Part.
(2) A person who installs or uses a television receiver in contravention of
subsection (1) is guilty of an offence.
This clearly states that the receiver must not be installed OR used unless it is authorised by a licence.
It makes no mention of the purpose for which the receiver is being used…ie. Watching live broadcasts or a film on a DVD, video etc.
It implies that a licence is simply required to “Install” a receiver……being used or not, or “Use” a receiver regardless of what it is being used for.
Often people believe someone’s interpretation of a law because that particular interpretation suits their requirements at the time. But the actual wording of the law itself seems quite clear to me even though it doesn’t suit my requirements.
I have also read various quotes on the TV Licencing website that state you do not need a licence to watch pre recorded content etc. But again, that is not supported by the actual wording of the law as quoted above.
I am hoping that I am missing something here and that I have misunderstood a particular aspect of this law. I’m sure someone on this forum will put me right.
i have changed my address over but i still live at my old address my children have moved to the new one that is why i am paying it fore them i dont have a telly at my old address.
thank you.richard thomson
i no longer have a tv at my old address
Thank GOD!! I thought I was alone, but it seems that the authorities are in deeper shit than ever.They just can't find a way to extract money that isn't even due them in the first place. Some of us would like to carry on without the constant rude, harassining letters that are continualy sent. It's as if they're jealous and just can't accept that not EVERYONE are morons.We just don't want to join the club.GET A LIFE!!!
Hi John,
Just a rookie guess, but would the "receiver' mentioned in the excerpt refer to an antenna, satellite dish or other appendage to the TV/computer to make it able to receive broadcast signals? Again, a massive grey area when it comes to mobiles and other devices with receivers built in.
I'm also guessing that most TVs have to be hooked up to an internal/external antenna/satellite via a wall socket and this would be the offending item... Great post though; any knowledge of how the law views this matter is knowledge to keep TVL from using it for their own means.
John
Here's the definition of "TV receiver" from Section 9 of The Communications (Television Licensing) Regulations 2004:
Meaning of “television receiver”
9.—(1) In Part 4 of the Act (licensing of TV reception), “television receiver” means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose.
(2) In this regulation, any reference to receiving a television programme service includes a reference to receiving by any means any programme included in that service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.
So a TV set used for watching "catchup" programmes, games, DVDs etc is NOT a TV receiver and therefore does not need a licence. A "television receiver" is any apparatus used or installed to view "live" TV programmes.
Watchkeeper..
Thank you very much for clarifying that point. I knew I must be missing something somewhere and your post has cleared up my confusion.
Thanks again.
Regards.
I still am not clear on this. Owning a tv and using it to watch DVDs is straight forward, as long as the TV is not connected to an aerial and to make sure the channels are de-tuned all is O.K., then when a tv inspector turns up with a warrant he will not be able to pick up live broadcast tv. So far so good, if other devices are deemed to be television receiving devices such as a computer with internet connection it becomes less clear. If the TV licensing act covers other devices then is the inspector authorized to switch them on and try to access live tv broadcasts over the internet? If I have no tv license am I safe just avoiding live TV web pages (I can not prove that I have not watched live tv over the internet)? There is nothing to stop the inspector navigating to The BBC website on my computer, accessing live tv and then telling me I will be prosecuted for not having a tv license. It would be useful if you could ask your internet provider to block access to any live tv web pages so that you are safe.
Thanks for your comment.
The best thing I can do is refer you to my "Simple Questions and Answers" post, where TV Licensing confirmed that a licence is not needed simply because someone owns/accesses a web-enabled PC.
It is regrettable that they emailed that response to me, but the reference number is given should you wish to contact them and confirm their answer that no licence is required unless the equipment is used to watch live broadcast TV programmes.
Hi, Many thanks for your reply to my question . In case you have not already seen the following.... While searching for more info on tv licensing, I came accross this which makes for intersting reading, it says that paying the Tv license is now voluntary as there are already a large percentage of non payers, too many for the BBC to persue.
http://the-salfordian.com/the-real-rate-of-bbc-licence-fee-evasion-is-no-shock-here/
It seems a lot of people advise the best course of action is non response to TVL. But I do not want this organisation or these people hassling me or my family simply because I don't watch TV.
If you have 30 minutes, then read through the PDFs on this link
http://www.whatdotheyknow.com/request/opt_out_process_for_licence_fee
This is TVL laying down their procedure for how the react to every scenario. If they follow their own guidelines, you therefore should try the following.
1. Write to them quoting one of their letters.
2. State that under the legislation governing TV Licencing you do not require or need a TV Licence.
3. Declare that you are Withdrawing their implied right of access, and will treat any visits from their employees as unlawful trespass.
4. State that there is no requirement for you to provide your name, and that their own guidelines state that a reply to one of their letters is proof that you are either the Legal Occupier or acting on behalf of the Legal Occupier.
5. Ask them to acknowledge this letter, but that you will consider future mailings other than their acknowledgement as harassment.
6. State that this clarifies your position and that you will not enter into any further correspondance with them and that there is no obligation for you to do so.
7. Sign your letter as the "Legal Occupier" and do not give them your name - they have no right or use for it.
Hope this helps.
Hi i have just taken a 18 month contract with virgin,i signed and agreed and gave them my dd details,it occurred to me that my tv license has no contract for the twelve month period,can someone tell me why,thanks,phillip.
what if I haven't got a TV, I just watch foreign television throught the laptop , do I still have to pay the uk tv licence?
If you watch live streamed foreign channels via the web then your property needs to be correctly licensed.
The law applies regardless of where in the world the live TV channel originates.
I understand the reception of live broadcasts to be in the UK and/or Channel Islands. So, for example, if a programme is being broadcast live by ABC in Australia you can watch it over the Web without a licence as long as the programme isn't being relayed into the UK and/or Channel Islands (e.g. by satellite) for public reception at the same time.
This comes from the definition of a "television programme service":
'... where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service'.
"Members of the public" can only refer to the UK and Channel Islands. UK legislation obviously does not extend to members of the public in other countries.
none of the programmes or channels which I watch via the web are live streamed to the members of the public
in the UK, so do I or do I not need to have got a TVL?
If they're available live-streamed to you then they're available to other members of the UK public too.
I suspect you do need a licence, however, I am awaiting clarification. Watchkeeper, who commented earlier, is seeking a definitive answer on this from the Department of Culture, Media and Sport.
If you ask the BBC or TV Licensing you'd just get their default answer of "yes, everyone needs TV licence" even if that's untrue.
do you need a tv licence to listen to digital radio via a pc dvbtv receiver?
No, radio is radio. Listening to radio is not receiving live TV programme services, so does not require a TV licence. The average TV Licensing goon would have a different opinion, but bear in mind their interpretation is skewed by ££ signs. They get commission for every unneeded licence they dupe someone into buying.
Does anyone know if I need a TV license to receive images direct from weather satellites ?
Weather satellite images, despite any fanciful TV Licensing ideas to the contrary, couldn't be considered a live TV programme service, so no licence required.
Best not give any ideas to TV Licensing though!
I do not watch TV loads of rubbish on anyway. :) so instead I just watch things off youtube or DVDs.
But the guys from TV team decided to visit, ha! they never got passed the security doors. If they had I would of called the police.
As far as I knew, the original reason that the BBC charged a licence fee, was for the operation of a cathode ray device, due to the fact they held possession of the original patent from Logie-Baird... If this is true, and I feel it probably is, then the BBC have fraudulently extended their ability to demand a licence fee as a flat screen is not covered under that patent.. So at some point there must have been government collusion in changing the wording of the laws. It would be interesting to see where the modern wording comes in the sequence of time.. AS far as I can see, if that original basis is true, it had nothing to do with the broadcasts, only the receiver, so unless you still use a CRT screen, no licence should be required except a fraudulent law has been placed.. Maybe it is worth the effort to look at the legality of that law change..
Hi.
We had a visit from a Tv licencing officer today. I didn't think about not letting him in, so I did. He took notes of my name and phone number, but he saw that we only have a tv that we can watch DVD's on. He also asked us about our computers that we use for studying and if we had wireless internet. Do we have to get the tv licence for that? And if not, what should we do when the next letter arrives?
Thanks
You do not require a TV licence merely for owning any type of equipment, be that TV, DVD player, PC or whatever.
A licence is needed if you use that equipment to receive live broadcast TV programmes.
That being the case, just because you have a PC is irrelevant and you certainly shouldn't be rushing out to buy a TV licence you don't legally need.
We advise against cooperation with TV Licensing, as it is a sad fact that your efforts were probably pointless. They may continue to send you letters. It's also true that some TV Licensing employees, who are rewarded for every collar felt, are sometimes less than honest when they complete visit documentation. Search our blog for "Criminal TV Licensing Employees" for more info on that.
You can safely (and legally) ignore any communications or visits by TV Licensing.
Download our free book for more info.
I have recently taken over a property which had been empty for almost two years, during which time it has deteriorated. Due to this, it will remain unfurnished and unoccupied until such time as work to render it fit for purpose is completed; when I shall transfer my existing TV license from my present address to my new one. Now I have found a letter from TV Licensing at the new address, which seems to imply that court action against the Legal Occupier is IMMINENT. How should I react?
Thanks for your comment.
Don't react at all. TV Licensing send out these "scary" letters to everyone without a licence, which includes those with no legal necessity to have one. Their letters are all bluff and have no legal standing.
Do not be coerced into replying to them, as you're under no legal obligation to set the record straight. Indeed doing so is pointless, as they wouldn't believe you anyway.
Just keep ignoring. As the property is unoccupied you have no business with TV Licensing. That's a fact of law. When you move in and start using your TV you can arrange to pay the licence fee.
I argue with TV licensing every time I move house; hopefully the current argument will be the last since I've just bought a house instead of renting. It's the same threatening, accusatory tone every letter you get. It's the same total ignorance of the law, every advisor you speak to. The last place I lived, they had to send me a formal apology after one of their telephone agents told me I needed a TV license just because I own a TV - Pure nonsense. Today, their telephone advisor told me that I need a license because I own a TV, PC, mobile phone and X-Box. All complete garbage, and I corrected her - You only need a TV license if you use those things to watch live TV as it's broadcast. As far as I'm aware, you can't do that on any current generation games console anyway, so I wonder why they include them on their list - I suspect it's so they can try to con those of us who subscribe to Netflix or use BBC iPlayer into thinking we have to get a licence for that. Protip: We don't. The advisor today had a melt-down because I refused to give my name, but as I said to her: I'm calling you out of courtesy, and you don't need my name because I don't need a license. Remember folk, this is not a government agency, this is a private company. They don't have warrants, and their legal rights are almost zero. Never allow one into your property, and in the incredibly unlikely event that they turn up with a search warrant, refuse to let them exercise it unless the police are present to witness it. Do not let them split up (if there is more than one of them), and do not let them search any part of your home without being there to witness the search personally and having a police officer with you. One of the foreign doctors I work with was fined £1000 for having an unplugged TV in a box on the floor of his spare room by one of these unscrupulous, robbing bastards. He's not familiar with UK law on the subject, so paid it because he didn't know better and the "officer" threatened him with court. As I said to him, that officer could never follow through with that threat and hope to win.
The sad thing is people not understanding their legal position or sure about f the rules can be duped into buying one on the intimidation and false statements mentioned above. I receive no live TV, just use for games console/ Net flix but my parents were worried and obviously unsure I was safe from a fine.
Please sign this and share it as widely as possible:
http://epetitions.direct.gov.uk/petitions/44678
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