TV Licensing

The Wireless Telegraphy Act 1967 (as amended) obliges retailers to notify TV Licensing of any sales or rentals of television sets. The Act specifies the type of information a retailer must record from someone who buys or hires a television set, which is then notified by the retailer to TV Licensing. Notification must take place within 28 days of the purchase or rental date. Failure to provide notification is an offence under the Wireless Telegraphy Act.

TV Licensing cross-references the notification against information in its database and if there is no record of a TV Licence at the address provided, a reminder letter is automatically sent to the address.

TV Licensing regularly provides retailers with information about their legal obligation to provide notifications, and visits retailers to verify compliance. TV Licensing may take action against retailers who don’t comply with the notification requirements under the Wireless Telegraphy Act.

For the purposes of the Wireless Telegraphy Act "television set" means any apparatus which (either alone or in association with other apparatus) is capable of receiving (whether by means of wireless telegraphy or otherwise) any television programme service. This includes TVs, VCRs, DVD recorders, set-top boxes, PCs with broadcast (TV) cards, and TV cards. It does not include computers or mobile phones.

The Schedule to the Wireless Telegraphy Act 1967 (as amended) prescribes the information that retailers are required to record and notify to TV Licensing, which is: date of sale/letting; name and address of buyer/hirer; address of where the set will be installed; and whether the device is for colour or black and white reception.

Retailers’ record information electronically or using a paper form supplied by TV Licensing. Most notifications are transferred electronically and processed automatically. The information is held by TV Licensing in accordance with the Data Protection Act 1998.

Retailers are required by law to provide TV Licensing with the names and addresses of persons who purchase or hire television sets. We therefore take all information passed to TV Licensing in this way in good faith. If we are later told that the information is wrong, this will be corrected.

It is up to retailers to inform their customers, in accordance with their obligations under the Data Protection Act 1998, about why they are processing customers’ personal data. The processing of personal data by retailers is lawful because it is necessary for compliance with their legal obligation under the Wireless Telegraphy Act 1967 (as amended).

Yes. The Wireless Telegraphy Act 1967 (as amended) applies equally to second-hand retailers and small independent traders as it does to larger retailers.

TV Licensing’s retailer notification procedures generate around £16 million in licence fee revenue annually (2009).

Approximately 990,299 letters were sent as a result of retailer notifications in 2009.

Enquiry officers are engaged by Capita Business Services Ltd (“Capita”), a company contracted by the BBC to administer the television licensing system under the BBC trade mark “TV Licensing”.

The BBC doesn’t hold information on how much enquiry officers are paid. This is a matter between Capita and enquiry officers. We can say that enquiry officers receive a salary with incentives.

If no response is received to enquiry letters from TV Licensing, an enquiry officer will call at the address to determine the licensing requirements. The aim of the visit is to enforce the law and enable TV Licensing to remove premises which do not require a TV Licence from their enquiries, to allow resources to be concentrated on those who do require one. If the enquiry officer confirms that no television receiving equipment is in use or installed to receive television programmes, this information will be noted on the TV Licensing database and further standard letters will not be sent. TV Licensing will then only contact the address occasionally to check that circumstances haven’t changed.

The Communications Act 2003 imposes an obligation on the BBC to issue TV Licences and collect the licence fee. The BBC must ensure that it fulfils its responsibility to the vast majority of households who pay their licence fee, by enforcing the law in respect of those who intentionally evade paying it. TV Licensing uses a range of activities to raise awareness about the requirement for a TV Licence, remind people to pay, inform them of ways to pay, and to deter people from evading the licence fee.

Enquiry officers do not have any legal powers to enter your home without a search warrant granted by a magistrate (or sheriff in Scotland). They (like other members of the public) rely on an implied right in common law to call at a property as far as the door, while going about their lawful business and making their presence known. Enquiry officers must explain to the occupier of the premises why they are visiting, be polite, courteous and fair, and abide by a strict code of conduct.

You have no obligation to grant entry to an enquiry officer if you don’t wish to do so. If refused entry by the occupier, the enquiry officer will leave the property. If enquiry officers are refused access or an occupant withdraws the right to visit, then TV Licensing reserve the right to use other methods of detection.

Enquiry officers may apply for authorisation to use detection equipment if they are refused entry on to premises. TV Licensing may also apply to a magistrate (or sheriff in Scotland) for a search warrant. However, this is only done as a last resort and when a senior manager and a legal adviser considers that there is good reason to believe that an offence has been committed.

The enquiry officer must explain why they are visiting, be polite, courteous and fair, and abide by a strict code of conduct. Enquiry officers do not have a legal right of entry to a person’s home without a search warrant, and if refused entry to premises they will end the visit. If permitted by the occupier to enter the premises, the visit is normally very quick. The officer simply takes a brief view of the main living areas to verify whether or not television receiving equipment is installed or in use.

TV Licensing visit a sample of homes to confirm there is in fact no television being used as, when we make contact on these visits, almost a fifth of people visited are found to require a TV Licence. Please see the BBC TV Licensing No Licence Needed policy for more information.

When a person withdraws the implied right of access to TV Licensing, this is honoured. A flag is placed against the address on the TV Licensing database, which prevents any further visits being scheduled.

TV Licensing reserves the right to make periodic written enquiries in situations where an implied right of access has been withdrawn in order to ascertain whether circumstances remain the same. For example, if the person who withdrew the right of access has moved. We also reserve the right to use other forms of enquiry (e.g. detection equipment and search warrants).

TV Licensing can only enter your home without your permission if authorised to do so under a search warrant granted by a magistrate (or sheriff in Scotland). A magistrate (or sheriff in Scotland) has discretion to grant a search warrant for authorised persons to search premises suspected of illegal activity in respect of TV licensing. It is an offence to intentionally obstruct a person exercising the warrant (see section 366(8) of the Communications Act 2003). TV Licensing will be accompanied by the police when executing a search warrant.

When taking statements enquiry officers must abide by the Police and Criminal Evidence Act Codes of Practice (‘the PACE Codes of Practice’) or Scottish criminal law (depending on where the address is). This means enquiry officers have a duty to caution the individual concerned of their legal rights before taking a statement if the individual still wishes to give a statement. However, most of the PACE Codes of Practice do not apply to enquiry officers as they do not have any power to arrest or detain people, enter premises or seize property. The PACE Codes of Practice only applies to enquiry officers in so far as it imposes a duty on them to give a caution.

Enquiry officers may take a statement from an individual but only after they have cautioned that person i.e. informed them of their legal rights, including that they have the right not to answer any of the questions. This is in accordance with the Police and Criminal Evidence Act 1984 or Scottish criminal law (depending on where the address is). A person has the right to refuse to give a statement.

No. Enquiry officers are not the police and do not have police powers.

Enquiry officers have a duty to comply with the requirements of the PACE Codes of Practice or Scottish criminal law (depending on where the address is) when questioning people.

Only a limited number of employers and organisations are permitted by law to use the services of the Criminal Records Bureau (CRB), and only for specific roles. Until recently, TV Licensing was not amongst those who were able to register with the CRB to check staff. The enactment of the Rehabilitation of Offenders Act (1974) (Exceptions) (Amendment) (England and Wales) Order 2006 changed this, and from then on, all new enquiry officers were required to undergo a CRB check.

TV Licensing has an equal opportunities policy for recruiting enquiry officers. Every prospective employee is asked at the application form stage to disclose any unspent convictions.

TV Licensing evaluates any unspent convictions admitted by the applicant, against the role they are applying for before progressing with the application. Each application is considered on a case by case basis. A declaration of certain convictions would make it unlikely that a person would be employed in certain roles within TV Licensing.

Capita Business Services Ltd, which engages enquiry officers, has the following policy for recruiting staff:

• The Rehabilitation of Offenders Act prohibits employers from asking ex-offenders, whose convictions are spent, whether they have had a spent conviction.
• During the application process, if a criminal record is evident, the recruiting manager should consider whether there is a need to withdraw the offer of employment. The recruiting manager should contact their human resources advisor if unsure.

This policy is in line with most companies’ recruitment policies.

Enquiry officers must abide by a code of conduct that requires them to act professionally and politely at all times. TV Licensing uses various measures to ensure that officers are fulfilling their duties appropriately; this includes assessing the feedback received from people visited. If a complaint is made about an enquiry officer’s conduct, TV Licensing will investigate the complaint and, depending on the outcome of the investigations, take appropriate action.

The code of conduct requires enquiry officers to:

• Prove their identity, be polite and explain why they are visiting.
• Only enter a property if they are given permission.
• Always leave the premises if asked to do so.
• Take a statement, if necessary, signed by the interviewee, making sure the interviewee is aware of the consequences of a statement.
• Neither threaten nor intimidate.

All enquiry officers carry an identification card with the TV Licensing logo that shows their name, photo, job role, unique identification number and card expiry date. A telephone number will be provided by the enquiry officer on request so that their identity can be verified by TV Licensing.

Yes. All enquiry officers engaged by Capita Business Services Ltd must undertake equality training within the first 12 months of their work.

TV Licensing enquiry officers made 3.8 million visits in 2008/09 and 3.5 million visits in 2007/08.

Information on the number of visits made to specific locations was exempt from disclosure under section 31 of the FOI Act.

Enquiry officers currently visit addresses on Sundays. The time of the day at which enquiry officers visit homes was exempt from disclosure under section 31 of the FOI Act.

The information requested here was exempt from disclosure under section 31 of the FOI Act. TV Licensing enquiry officers made 3.8 million visits in 2008/09 and 3.5 million visits in 2007/08.

TV Licensing’s activities are carried out in accordance with specific policies and guidelines, which set out the criteria for prosecuting evaders. One of these criteria is that a person who is charged with a TV licensing offence must be an adult who resides at the address, or is the landlord or person responsible for licensing a television receiver at the premises. For example, a genuine visitor or babysitter at the premises will not be prosecuted.

In 2008/09 we received 292 complaints about visits by enquiry officers. To place this in context, we made 3.8 million visits over the same year.

The table below outlines the number of complaints about enquiry officers making visits over the last 3 years:

There are no visits that would result in ‘no further action’. Outcomes include the following:

• Confirmation there is no television receiver at the premises in which case TV Licensing will not contact the premises for two years for a domestic address and three years for a business address.
• Remaining on the list of premises for a return visit .
• Setting the premises for detection for a search warrant.
• Prosecution.

This information was exempt from disclosure under section 31 of the FOI Act.

Yes. TV Licensing will prosecute if it is in the public interest and there is sufficient evidence to do so. Any person – no matter what they do for a living or what views they hold – runs the risk of prosecution if they watch programmes shown on TV without a TV Licence.

Information on the number of evaders who aren’t prosecuted was exempt from disclosure under section 31 of the FOI Act.

TV Licensing has a 99% conviction rate for cases of licence fee evasion prosecuted in England, Wales and Northern Ireland. Prosecutions in Scotland are carried out by the Procurator Fiscal and not TV Licensing. You may wish to contact the Scottish Executive for these figures.

A fine is a matter solely for the court to impose and collect, not TV Licensing. The Ministry of Justice and each magistrates’ court in which the proceedings take place hold the official statistics on the number of convictions, and fines imposed and collected. Please contact them about this information. Information on the locations of the magistrates’ court in which proceedings take place is also available from the Ministry of Justice.

A person cannot be sentenced to imprisonment if convicted of an offence under section 363 of the Communications Act 2003. The maximum penalty for not having a valid TV Licence is a £1000 fine (or £2000 in Guernsey and £500 Jersey). The court may also order the convicted person to pay for TV Licensing’s costs in the proceedings. However, a person may be imprisoned by the court for failing to pay the court fine.

The court may impose a fine of up to £1000 (or £2000 in Guernsey and £500 in Jersey) on a person convicted of an offence under section 363 of the Communications Act 2003. Fines are a matter for the court alone to impose and collect and dispose of, not the BBC or TV Licensing.

A prosecution statement is a record of an interview which takes place under caution, conducted by TV Licensing enquiry officers if they suspect that an offence under the Communications Act 2003 has been committed.

When taking statements enquiry officers must abide by the Police and Criminal Evidence Act Codes of Practice (‘the PACE Codes’) or Scottish criminal law (depending on where the address is). This means enquiry officers have a duty to caution the individual concerned of their legal rights before taking a statement if the individual still wishes to give a statement. Most of the PACE Codes do not apply to enquiry officers as they do not have any power to arrest or detain people, enter premises or seize property. The PACE Codes only apply to enquiry officers in so far as it imposes a duty on them to give a caution.

Enforcement activity is carried out by Capita Business Services Ltd using the BBC trade mark “TV Licensing” on the BBC’s behalf. Information relating to Capita’s expenses for this work, including costs associated with prosecutions is not held by the BBC and is not held by Capita on the BBC’s behalf. We are therefore not able to provide this information.

However, a chart showing TV Licensing’s costs of collection is available at the bottom of this page.

People have been caught watching, without a valid TV Licence, programmes shown on TV receiving equipment that are not television sets. Other information requested here was exempt from disclosure under section 31 of the FOI Act.

The information requested here was exempt from disclosure under section 31 of the FOI Act. Some of the information exempt under section 31 was also exempt from disclosure under section 42 of the FOI Act, as it was legal advice covered by legal professional privilege. Our decision to exempt information under section 31 has been upheld by the Information Commissioner. The ICO decisions are available here:

Decision Notice FS50154106, 16 October 2008
Decision Notice FS50137475, 19 May 2008

The TV Licensing Costs of Collection chart at the bottom of this page provides a break-down of TV Licensing’s top-line costs and itemises collection costs (including call centres, field force, detection and over the counter services).

Detailed information on the cost of using detection equipment was exempt from disclosure under section 31 of the FOI.

TV Licensing uses a range of detection equipment as part of its anti-evasion strategy. It includes detector vans and handheld detectors.

Detection equipment takes as little as 20 seconds to work and can distinguish between two television sets close together on either side of a party wall. The detection equipment is able to operate from up to 60m away.

The vans are only used at addresses that don’t have a TV Licence.

More specific information on how detection equipment works, including their effectiveness and technical specifications was exempt from disclosure under section 31 of the FOI Act. Our decision to exempt information under section 31 has been upheld by the Information Commissioner. The ICO decisions are available here:

Decision Notice FS50154106, 16 October 2008
Decision Notice FS50137475, 19 May 2008

From a technical point of view the detection equipment used by TV Licensing, whether hand held or vehicle based, is similar to other surveillance equipment. The public are not subjected to any increased risk from the presence of such devices. Therefore no information is held by the BBC on such health and safety assessments.

All staff authorised to operate detection equipment are required to attend and successfully complete training that covers the operational and legal aspects of using this equipment. They must pass a practical assessment before they are allowed to operate detection equipment unsupervised. Refresher training is provided every 18 months. Further training is provided on an ad-hoc basis when a need is identified or procedures/equipment changes. This training is provided in-house by Capita Business Services Ltd.

Detection equipment is tested daily, prior to use. Van-based detection equipment is sent to the manufacturer for testing every 12 months. We don’t hold information on the specific costs of testing. These costs are subsumed within the broader payment by the BBC to the companies contracted to administer and enforce the TV licensing system.

Yes. Use of detector vans is governed by the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. This legislation sets out how investigatory powers are to be used, in compliance with human rights, by the BBC. The legislation is available online at the Office of Public Information website.

We do not hold copies of patents on the technology used in detector vans.

Information on how detection equipment works, including their effectiveness and technical specifications was exempt from disclosure under section 31 of the FOI Act. Our decision to exempt information under section 31 has been upheld by the Information Commissioner. The ICO decisions are available here:

Decision Notice FS50154106, 16 October 2008
Decision Notice FS50137475, 19 May 2008.

The information requested here was exempt from disclosure under section 40(1) of the FOI Act as it is personal information.

When requesting personal information about yourself you will need to make a Subject Access Request under the Data Protection Act 1998. You must supply us with the information we reasonably require to locate the specific personal information you seek and pay a £10 fee.

Note that exemptions under the Data Protection Act apply to Subject Access Requests. In deciding whether to provide you with information, the BBC will take into consideration whether disclosure of the requested information would prejudice its ability to prevent and detect crime or to apprehend or prosecute offenders in relation to TV licensing.

As the responsible public authority for television licensing the BBC must ensure that collection and enforcement initiatives are effective and efficient, and use of detector vans is an integral part of this process. The BBC has a duty to ensure that those who fail in their obligations to become properly licensed are caught.

We don’t have information comparing detector vans to other anti-evasion methods because there is no need to make this comparison. Detector vans are used only if people don’t respond to mailings or to visits from an enquiry officer.

By way of background, detector vans are part of a suite of tools, summarised below, used by TV Licensing to detect evasion.

• Key to the TV Licensing operation is the TV Licensing database. This lists all the addresses in the UK which hold a valid TV Licence as well as those addresses which don’t. To a certain extent the database enables the automation of our enquiries and reminder letters.
• Television retailers must by law notify TV Licensing every time they sell or rent television sets. When a retailer notification is received, TV Licensing checks its records to see whether a TV Licence is already held in the name and address of the purchaser. If not, a letter is sent to the purchaser reminding them to obtain a TV Licence.
• For those addresses where we have no record of a TV Licence and no recent information about whether a Licence is needed, a letter is sent to the occupier enquiring about their situation. Many recipients may not realise they are unlicensed or may hold a Licence for a previous address, while others may not use television or may be deliberately avoiding payment. Where an address is unoccupied, a temporary guard from enquiries is applied until the address becomes occupied. Those who do not obtain a Licence or do not reply will continue to receive enquiry letters. Enquiries will culminate in a visit from an enquiry officer.
• If visiting proves unsuccessful, detection equipment may be deployed at the address.
• In exceptional cases TV Licensing may consider applying to a magistrate (or sheriff in Scotland) for a search warrant to search the premises. This only happens when there is good reason to believe that unlicensed use of television is occurring and other enquiries are obstructed.

The BBC may, in certain circumstances, authorise under the Regulation of Investigatory Powers Act 2000 (“RIPA”) and Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001 (“the RIPA Order”) the lawful use of surveillance equipment to detect unlicensed use of television receivers. The legislation is available here.

Detection equipment forms part of TV Licensing’s anti-evasion strategy. The BBC’s power to grant authorisations is found in section 27A of RIPA and the RIPA Order. Persons who can authorise the use of detection equipment for the purposes of section 27A are the head of sales or head of marketing within the BBC TV Licence Management Team, and any person holding a position within the Team which is more senior to these positions. In practice the head of revenue management and the head of sales and marketing undertake this function.

The RIPA Order prescribes matters the authorising officer must consider in assessing an application. The authorising officer must be satisfied that it is necessary, and proportionate in the circumstances of the particular case, for preventing or detecting certain offences under section 1 of the Wireless Telegraphy Act 1949 or for assessing or collecting sums payable in respect of TV Licences.

The information requested here was exempt from disclosure under section 31 of the FOI Act.

The BBC and TV Licensing from time to time receive complaints about use of powers under the Regulation of Investigatory Powers Act 2000 (“RIPA”). These concerns have been addressed by the BBC.

In respect of its powers under RIPA, the BBC is subject to the independent oversight of the Office of Surveillance Commissioners (“the OSC”). The BBC must satisfy the OSC that any use of detection equipment is lawful.

The BBC’s legal advisers conduct an audit of records relating to the use of RIPA at least once a year. This can produce training points to improve the BBC’s application of RIPA.

This information (if it did exist) was exempt from disclosure under section 40(1) of the FOI Act as it is personal information. You are able to request information about yourself under the Data Protection Act 1998. Please note that personal data held by the BBC for the purpose of preventing or detecting crime or apprehending or prosecuting offenders are exempt from disclosure if any of these purposes would be likely to be prejudiced by such disclosure. It is likely that documents about detection authorisations relating to your property, if they exist, would be exempt from disclosure.

The information requested here was exempt from disclosure under section 31 of the FOI Act.

An application to a magistrate (or sheriff in Scotland) for a search warrant may only be made when there is good reason to believe that an offence has been committed, evidence of the commission of that offence is likely to be found, and conditions regarding access to the property warrant the granting of a search warrant.

Search warrants are only applied for in cases where the evidence means that it is likely that a television is in use. TV Licensing is open regarding its policy that it will only apply for a search warrant as a last resort. Search warrant applications are considered scrupulously before they are submitted. As a matter of law, a search warrant cannot be granted unless there are reasonable grounds for the application.

This information was exempt from disclosure under section 31 of the FOI Act.

Our policy regarding search warrants is to:

• ensure sufficient evidence of an offence to justify an application for a search warrant being made (as a last resort in cases where other options have been exhausted)
• apply for a search warrant where sufficient evidence is obtained
• ensure that search warrants are executed with respect for people and property and in accordance with the directions of the court.

The BBC contracts Capita Business Services Ltd to carry out television licensing enforcement activities, including applying for and executing search warrants. A search warrant may only be issued at the discretion of a magistrate (or sheriff in Scotland) in accordance with strict legal requirements.

Applications for and the exercise of search warrants are authorised under section 366 of the Communications Act 2003.

The Communications Act 2003 imposes a duty on the BBC to issue TV Licences and collect the licence fee. The BBC must ensure that it fulfils its responsibility to the vast majority of households who pay their licence fee, by enforcing the law in respect of those who intentionally evade paying it.

TV Licensing uses a range of activities to raise awareness about the requirement for a TV Licence, remind people to pay, inform them of ways to pay, and to deter people from evading the licence fee.

TV Licensing can only enter your home without your permission if authorised to do so under a search warrant granted by a magistrate (or sheriff in Scotland). They (like other members of the public) rely on an implied right at common law to call at a property as far as the door, while going about their lawful business and making their presence known. Enquiry officers must abide by a strict code of conduct. They must explain to the occupier of the premises why they are visiting and be polite, courteous and fair.

You have no obligation to grant entry to an enquiry officer if you don’t wish to do so. If refused entry by the occupier, the enquiry officer will leave the property.

If enquiry officers are refused access or an occupant withdraws the right to visit, then TV Licensing reserve the right to use other methods of detection.

Enquiry officers may apply for authorisation to use detection equipment if they are refused entry to premises.

TV Licensing may also apply to a magistrate (or sheriff in Scotland) for a search warrant. However, this is only done as a last resort and when a senior manager and a legal adviser considers that there is good reason to believe that an offence has been committed.

A magistrate (or sheriff in Scotland) has discretion to grant a search warrant for authorised persons to search premises suspected of illegal activity in respect of television licensing. It is an offence to intentionally obstruct a person exercising the warrant (see section 366(8) of the Communications Act 2003). TV Licensing will be accompanied by the police when executing a search warrant.

We exercise search warrants in the presence of police officers. Our policy is that Enquiry Officers will not force entry to an address if the occupier is not at the property. Rather, we would return at another time. We note however that accompanying police officers may themselves force entry if they deem it necessary.