From previous posts you'll be aware that a television licence is only required when television 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.
Unlicensed properties are flagged by TV Licensing's database and will be subject to further investigation. This usually involves sending regular licence reminder letters to the property, which are eventually followed up by the visit of an Enforcement Officer.
Even if the legal occupier has replied saying they have no television receiving equipment TV Licensing will attempt visit the property to confirm that is the case.
For this reason an increasing number of people who don't require a licence are making a stand against TV Licensing on a point of principle.
The law:
Unless the Enforcement Officer has a search warrant for your property you do not have to let them in. Without that warrant they have no more rights of access than anyone else visiting - in fact you can even withdraw their implied right of access by writing to TV Licensing (see later).
Enforcement Officers are notoriously economical with the truth and may try to con their way into your home using legal jargon or threats. Unless they have that search warrant it's all bluff and, for reasons that will become apparent below, they're very unlikely have a warrant if it's their first visit.
Search warrants:
A search warrant is a legal document signed by a Magistrate. There is no standard prescribed format for the warrant but it must include the address of the property and the reason for the search. The warrant must be executed within one month of the date of issue.
TV Licensing can only obtain a warrant by making representations to a Magistrate, under oath, that they have reasonable suspicion (e.g. some evidence) that television receiving equipment is being used illegally within a property. There is an onus on the Magistrate to only issue a warrant when the evidence justifies it. If the evidence is tenuous the Magistrate should refuse to authorise the search.
In practice there are only two forms of evidence that TV Licensing can offer when requesting a search warrant:
The following are not usually considered sufficient grounds for the issue of a search warrant:
If you don't use equipment as described above then you don't require a television licence.
Unlicensed properties are flagged by TV Licensing's database and will be subject to further investigation. This usually involves sending regular licence reminder letters to the property, which are eventually followed up by the visit of an Enforcement Officer.
Even if the legal occupier has replied saying they have no television receiving equipment TV Licensing will attempt visit the property to confirm that is the case.
For this reason an increasing number of people who don't require a licence are making a stand against TV Licensing on a point of principle.
The law:
Unless the Enforcement Officer has a search warrant for your property you do not have to let them in. Without that warrant they have no more rights of access than anyone else visiting - in fact you can even withdraw their implied right of access by writing to TV Licensing (see later).
Enforcement Officers are notoriously economical with the truth and may try to con their way into your home using legal jargon or threats. Unless they have that search warrant it's all bluff and, for reasons that will become apparent below, they're very unlikely have a warrant if it's their first visit.
Search warrants:
A search warrant is a legal document signed by a Magistrate. There is no standard prescribed format for the warrant but it must include the address of the property and the reason for the search. The warrant must be executed within one month of the date of issue.
TV Licensing can only obtain a warrant by making representations to a Magistrate, under oath, that they have reasonable suspicion (e.g. some evidence) that television receiving equipment is being used illegally within a property. There is an onus on the Magistrate to only issue a warrant when the evidence justifies it. If the evidence is tenuous the Magistrate should refuse to authorise the search.
In practice there are only two forms of evidence that TV Licensing can offer when requesting a search warrant:
- That the legal occupant has admitted that they are using television receiving equipment without a licence.
- That an Enforcement Officer has observed or heard television receiving equipment being used in an unlicensed property.
The following are not usually considered sufficient grounds for the issue of a search warrant:
- The fact that the property is unlicensed.
- Ownership a television.
- Non co-operation with TV Licensing.
- The presence of a television aerial or satellite dish on the exterior of the property.
If an Enforcement Officer turns up with a search warrant then it is an offence to refuse access.
The warrant will allow them to search for and inspect television receiving equipment - it does not give them carte blanche to search through personal documentation or anything like that.
In theory the warrant permits TV Licensing to force entry to conduct their search if the property is unoccupied or the occupant refuses to answer the door. In practice they do not force entry to unoccupied properties, but instead return to make further attempts to execute the warrant.
They will usually be accompanied by the police, who are only there to prevent a breach of the peace. However, be aware that search warrants are granted to TV Licensing and there is no legal requirement for the police to be present when they are executed.
TV Licensing search warrants are exceptionally rare. If you're legally licence free, as we hope all our readers are, then you should never need to worry about a search warrant. If TV Licensing ever do turn up with a warrant then you are well within your rights to film them and we strongly recommend you do.
The warrant will allow them to search for and inspect television receiving equipment - it does not give them carte blanche to search through personal documentation or anything like that.
In theory the warrant permits TV Licensing to force entry to conduct their search if the property is unoccupied or the occupant refuses to answer the door. In practice they do not force entry to unoccupied properties, but instead return to make further attempts to execute the warrant.
They will usually be accompanied by the police, who are only there to prevent a breach of the peace. However, be aware that search warrants are granted to TV Licensing and there is no legal requirement for the police to be present when they are executed.
TV Licensing search warrants are exceptionally rare. If you're legally licence free, as we hope all our readers are, then you should never need to worry about a search warrant. If TV Licensing ever do turn up with a warrant then you are well within your rights to film them and we strongly recommend you do.
Implied rights of access:
There is an implied right of access for certain visitors to your property. For example, having a letterbox means that you accept people will deliver things and the presence of a door bell indicates you're open to callers.
You can withdraw TV Licensing's implied right of access by writing to them and saying so. If they ignore your request they'd be trespassing on your property and liable to civil prosecution and negative publicity.
A recent BBC Freedom of Information Act disclosure has indicated that TV Licensing will comply with any withdrawal of implied rights of access. However, if you're committing an offence and are detected (e.g. television receiving equipment is seen or heard) from beyond the boundary of your property then TV Licensing might have grounds for obtaining a search warrant.
Related posts:
TV Licensing Correspondence
There is an implied right of access for certain visitors to your property. For example, having a letterbox means that you accept people will deliver things and the presence of a door bell indicates you're open to callers.
You can withdraw TV Licensing's implied right of access by writing to them and saying so. If they ignore your request they'd be trespassing on your property and liable to civil prosecution and negative publicity.
A recent BBC Freedom of Information Act disclosure has indicated that TV Licensing will comply with any withdrawal of implied rights of access. However, if you're committing an offence and are detected (e.g. television receiving equipment is seen or heard) from beyond the boundary of your property then TV Licensing might have grounds for obtaining a search warrant.
Related posts:
TV Licensing Correspondence
31 comments:
Excellent and thanks for this post.
"The warrant must be executed within one month of the date of issue."
And can only be used for a single search.
If they want to search again, they have to obtain a new warrant.
Just had a TV license inspector round. he asked if i had any equipment for which i replied well i have a computer, meaning laptop which i do not watch anything except youtube perhaps sometimes. he then ask for access which i replied no, he asked again are you denying me legal access. i just got up from bed and was in a state of undress getting ready to have a shower. i told him politely to please leave and he repeated himself again which i retorted leave the property. he just stood their looked at me and i closed the door on him at which he left. all the evidence their is is a TV signal mast which i only use for dect radio reception as reception is so bad in my area. any ideas to get rid of him again if he obtains a warrent
He does not have any evidence to obtain a warrant. He asked if you had TV equipment and you said you had a laptop, which proves sweet F.A.
A better encounter would go something like this:
Goon: Are you the legal occupier?
You: [Alarm bells ringing] Who are you?
Goon: I'm from TV Licensing.
You: [Slam door closed]
TV Licensing have no legal right whatsoever to demand answers to questions or access to your property.
He won't be back with a warrant, unless he fabricates some bollocks to feed the local tame JP.
unknown said:- "he asked again are you denying me legal access"
What legal access?
good info,
i've had several threats for warrants now, little do they know i can't even get a recption here, but i begrudge them being able to come into my home and root through all my stuff to look for evidence of recievers.
wish they'd hurry up and switch over to digital then we can have a choice of their signals being forcefully broadcast into homes and then accused of stealing this signal.
Ive just had a goon claim that he has a legal right of access to check for equipment that may be used to receive TV reception.... i think the polite " Darling, get the dog..." persuaded him to go away sharpish, cheek
My experience is TVL just kept coming round, so I just tell them now im not obliged to talk to cold callers.
I honestly do not own a TV, if they turn up with a search warrant ill ask the police to arrest them or investigate how they got a warrant when i really dont have a TV therefore there would be no evidence possible for the warrant so they would have to lie.
If i get a TVL arrested ill post all the paperwork will do them good to see the law is the law.
I have 2 tvs in my house as there not mine I live in a private rented partly furnished house....I do not watch tv there are no signal recievers in either tv....do av still have to pay license? I have got a lisence at mo but I'm not paying it as I do not use the tvs....I did try to ring and cancel it but they wudnt unrolled i pay outstanding debt.
If the TVs (or any other equipment) are not installed or used to watch or record live TV programmes then you DO NOT need a licence.
Just to be on the safe side I would make sure your equipment is disconnected at the mains and aerial (even hide the aerial lead).
Ignore TV Licensing. They're all hot air and no substance. Cancel any Direct Debits or standing orders with them and don't worry. If you take the steps mentioned above then your set-up is perfectly fine without a licence.
DO NOT TRUST TV LICENSING. Their people tell lies in order to sell licences and earn commission. Just ignore them completely, as you are under no legal obligation to cooperate with them at all.
Very informative, thanks. I was wondering if you could go one step further and inform TV licensing that they *can* access your property, but only if they agree to pay a fee? £145 per visit sounds reasonable. You could then send them threatening letters if they refuse to pay up. Wonder if it would work?
Thanks for your comment.
I suppose you could tell them that, but they'd be unlikely to pay you anything.
A strategy we are aware of, as mentioned on the Licencefree.co.uk blog, is setting out your legal rights in advance. Basically this means telling TV Licensing you will cooperate with them, as long as they agree to your terms.
Remember that no-one is legally obliged to cooperate with TV Licensing at all, so offering conditional cooperation is quite benevolent.
More here: http://licencefree.co.uk/rights-advance.html
my daughter is in the process of trying to sell her property, the house is unoccupied, nobody there, but the TV is still on the wall but unplugged. Does she need a TV licence. TVL are beginning to harrass her with letters saying she needs a license. I have just used some of your comments to write to them explaining the position, hope this works. Your comments were very useful.
You shouldn't have wasted your time trying to reason with TV Licensing, as they are an inherently unreasonable organisation. Our advice is to always just ignore their hot air, bluster and darn right legal bullshit.
If your daughter is not occupant in the house she can not be using equipment to receive/record live TV programme services there. That is an irrefutable fact. Consequently she does not require a licence and has no reason at all to be concerned about TV Licensing.
Just remember they're all talk and zero substance.
I should also add that TV Licensing aren't always candid when it comes to answering enquiries about a person's licensable status. They are in the business of selling TV licence and they're not bothered how many lies they need to tell in order to do that.
As I said, they're all talk and zero substance.
I've recently moved into my new student house, and the occupants before us obviously had recieved multiple letters.
We did watch live tv in July until we realised that the property had no tv licence and after that stopped.
Today we recieved a letter saying that they had a warrant to search the property. Do they have any way to prove that you've watched live tv in the past?
We really can't afford to pay a fine, can barely afford food as it is :/
It is implausible that they wrote to you saying they had a search warrant. It is difficult for them to obtain a warrant, so if they'd gone to the trouble of getting one (extremely unlikely) then the first you'd know would be a knock at the door.
I think you have misread the letter.
99.9% of everything TV Licensing say is bluff. They can only get evidence against a person if they foolishly co-operate. That being the case, if you have not had any previous contact with them then they cannot possibly have any evidence against you.
My advice would be to ignore their letters and don't speak to them. Tell everyone else in the house the same thing. If you are not watching live TV now you do not need a licence and have no need to worry.
Please download our book for more info.
Question: I am living in student housing where they GAVE us all tvs that are hooked up and working and didn't tell us we need a license, I looked on the school website and to me it sounds like I would need as license if I got my own television, but every student flat has one. I tried to buy a license but it didn't have addresses for individual flat in my building and it looked like I would have to pay for my entire building. Please help, I am extremely confused and just want to watch Downton Abbey once a week. :(
Technically speaking if you are renting a room, as it sounds like you are, and plan on watching live TV, as it sounds like you do, then you need your own TV licence.
If you're absolutely desperate to pay for a licence then I suggest you contact them to discuss the problems with your address.
If you watch Downton Abbey on a catch-up service like ITV Player then you DO NOT require a TV licence. In this case I would suggest you unplug your TV and remove the aerial lead.
TV Licensing will sometimes pretend you need a licence even if you take the above steps. It's a lie. Their enthusiasm to make money sometimes skews their interpretation of the law.
Remember that if TV Licensing visit you are under no obligation to let them in. Likewise you are under no legal obligation to respond to their letters or speak to their scummy salesmen.
Hi I live alone in a 5 bed student house only 6 weeks alternating as am on placement, the tv licensing person came and knocked on the door and didn't open,
If they come again should I just hide my laptop ? I don't watch tv at all but don't wanna get fined :/
Any info ? Thanx a lot
I am going to assume that you're not watching live broadcast TV, therefore don't need a TV licence.
Why hide your laptop?
TV Licensing has no rights of entry, so you should not let them anywhere near the inside of your property.
Next time they knock just ignore them. If you don't need a TV licence, as I am assuming you don't, then you are under no obligation at all to cooperate with TV Licensing.
Ignore them and keep the door closed. Say nothing to them at all.
Thanks a lot , I was contemplating buying a license but I don't watch tv at all ... Only own a laptop so why should I buy the license.
What happens though If I don't open the door to them ?
If you don't watch TV then YOU SHOULD NOT BUY A LICENCE.
Do not be hoodwinked into buying one, because legally you have no need.
TV Licensing employees, who earn commission on every licence they sell (fair means or foul), are sometimes not that candid on the rules. They really want that £20 bonus, so some of them will say virtually anything to get you to pay up.
If they knock on your door just ignore them and don't answer. If you're caught unawares you can simply say "I have no legal need for a TV licence" and nothing else. Do not enter into further dialogue with them, as they can contort your words.
For much more information please download our free ebook (see tab at top of page) and share it with your friends.
No
Problems thanx
A lot
For your support
A few friends have expressed concerns and will
Be referring them
To here much appreciated
Hi Guys,
You DO NOT NEED a TV License.Period!
The TV License is illegal in and of its self.
Please help yourselves to my free download to help you in avoiding paying and avoiding prosecution for not paying you annual charity payment to the British Bully Corporation.
You can find it here: http://www.tvlicensing.tk/tvlicensing/
Along with a lot of useful information.
Best regards,
Marcus.
Thanks for your comment Marcus, which we are happy to publish.
However, be very clear that we do not condone any sort of "TV licence avoidance" other than by people who have no legal need for a TV licence (e.g. those that do not use equipment to receive TV programme services in their property).
Faced with threatening letters from TV Licensing, promising an impending visit, I am beginning to wonder about our watching habits.
We don't have a TV but watch the BBC iPlayer. Now and then my husband watches Saturday Match of the Day which can only be watched on Live TV, however you can choose to turn it on after the programme has finished and then 'rewind' and watch the earlier programme which is what he does. - Not watching Live - right?
IF the TV licensing people got a warrant to search our address and they looked at our computer it may look as though we have been watching Live TV - what do you think is our legal status?
Thanks
Thanks for your comment Caroline.
Systems that record television programmes and allow you to rewind and watch them (like Sky+ say) DO need to be covered by a valid TV licence. The reason is that they are recording a live TV signal.
If you watch non-live (previously broadcast) programmes on iPlayer, then you do not require a TV licence.
A PC is not considered a TV receiver in the eyes of the law unless it has a TV card installed and is used for the purposes of watching TV programmes. That being the case you are not legally obliged to allow TV Licensing to inspect your PC, search warrant or not.
I really wouldn't worry about search warrants. The overwhelming majority of the time it is a hollow threat, which is designed to scare a person into paying for a TV licence they might not need.
Our advice would be to ignore TV Licensing entirely. You do not have to respond to their letters or cooperate in any way. That's a legal fact.
TVL wrote to me quite recently, so I rang them up and told them that there was a WOIRA in force, and that anyone from their organization found on my property will get a smack in the mouth. They agreed not to visit me.
The following piece was printed in the Daily Mail several years ago. I copied it for future reference and have posted it on several forums such as this forum.
NB. I am not the author.
Five years ago, in spite of owning two TV sets, my wife and I decided not to watch TV, as we were not prepared to suffer the drivel being sceened or support the grotesque wages paid to some so called 'stars'.
As a result, we were inundated with threatening letters from the TV Licensing Authority, who informed us that we would be dragged through the courts and my name would be plastered over the local newspaper.
After a while I became bored with all these idle threats and wrote to the Licensing Authority and informed them that I was fully aware of the law regarding TV sets and that I could quite lawfully stack hundreds of TV sets from floor to ceiling in every room in my house as long as I didn't use them any of them to watch TV.
I went on to inform them that it was a serious offence to run a brothel at the offices of the TV Licensing Authority and that I intended to report the authority to the police. I added that of course I didn't have a shred of evidence that they were running a brothel at their premises - any more than they had evidence that I was watching TV without a licence.
Furthermore, I warned them that unless I received a written apology, I would pursue the matter in the County Court, where I would be seeking substantial damages for their repeated scurrilous remarks.
I received a written apology and £20 by way of compensation. Perhaps if everybody in receipt of these moronic letters from the TV Licensing Authority were to reply in similar fashion, these threatening letters would stop.
Hi
Can someone tell me what can I do?
Last year the tv men came i let him in even offer him a cooffe....so stupid, I had a tv I didnot watch i signed the tv license paid 4 instalments and trow the tv away after that icall them told them i trow the tv away the women told me i did not have to pay more. so i stoped paying in January i receive a letter to go to court, i was out of the country so i misssed but wrote to them explaining what happened. i was fined 500 pounds that i dont ha/ve and thrufully dont wanto give to a mainstream media that'lies to me, they treatening me with a prison sentence so i would like to ask someone how many weeks can be the sentence because it goes against my principles to pay for something i dont have, dont want, dont beleive, i prefer to do a prison sentence than pay.
Can someone help me
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