TV License Clarification

Heinz

tvlb1 wrote: »

Correct. A licence is only needed for those properties where equipment is [STRIKE]installed or[/STRIKE] used to receive or record TV programme services as they are being broadcast (a bit waffly, but that's the legal jargon).

In the Republic of Ireland a licence is needed for mere possession of a TV set, which is where the confusion may arise.

Corrected.

4justice

cajef wrote: »

There never was.

Really? I know things are different now but in the past there was no i-player, virgin catch up etc, dvds etc the only reason for having a tv was to watch current broadcasts. I'm sure that originally a licence was required merely to posess a tv set with a tuner?

Buzby

However, it will be up to the court to establish whether it believes you that you only watch catch up - having a TV or device capable of receiving broadcasts means you are equipped with the ability to view, and if your defence is you 'don't' that's a very weak defence.

Heinz

No, it's up to the prosecution to prove that you did watch or record live TV.

You don't have to prove anything.

FireWyrm

Buzby wrote: »

However, it will be up to the court to establish whether it believes you that you only watch catch up - having a TV or device capable of receiving broadcasts means you are equipped with the ability to view, and if your defence is you 'don't' that's a very weak defence.

Last time I looked, the burden of proof was on the accuser. Since TVL cannot possibly prove you were watching anything let alone live or catchup, they can go whistle.

In the meantime, does anyone know what the rules are with regard to a warrant? It irks me to let them in at all and that the warrant must be invalid since to obtain it, they must have provided 'proof' not just a statement, then, should one honor the warrant or refuse entry on the basis that the warrant is illegal? What happens if you refuse to let them in even with a warrant?

Marvel1

Can I just clarify that I do not need a licence? This is my setup:
- I have a freeview TV, no aerial to receive.
- I have a sky dish and the cable hanging down behind TV (sky box packed in a box in bedroom). Not selling box, cutting cable or removing dish in case future.
- Laptop connected to TV and I watch catchup TV, Lovefilm
- Xbox connected to TV for gaming.

Heinz

cjdavies wrote: »

Can I just clarify that I do not need a licence? This is my setup:
- I have a freeview TV, no aerial to receive.
- I have a sky dish and the cable hanging down behind TV (sky box packed in a box in bedroom). Not selling box, cutting cable or removing dish in case future.
- Laptop connected to TV and I watch catchup TV, Lovefilm
- Xbox connected to TV for gaming.

You are not watching or recording live TV broadcasts.

No licence needed.

Fruit_and_Nut_Case

cjdavies wrote: »

Can I just clarify that I do not need a licence? This is my setup:
- I have a freeview TV, no aerial to receive.
- I have a sky dish and the cable hanging down behind TV (sky box packed in a box in bedroom). Not selling box, cutting cable or removing dish in case future.
- Laptop connected to TV and I watch catchup TV, Lovefilm
- Xbox connected to TV for gaming.

Heinz has already answered but I'm wondering why you feel the need for clarification. I thought it was quite clear but a significant number of people still seem to be confused, judging by the number of threads here.

Blackbeard_of_Perranporth

Thought for the day.

TV Tax is £13 a month
Unlimited broadband is £5 from a 10gb limit!

Watch TV, Tax Free online.

Buzby

FireWyrm wrote: »

Last time I looked, the burden of proof was on the accuser. Since TVL cannot possibly prove you were watching anything let alone live or catchup, they can go whistle.

In the meantime, does anyone know what the rules are with regard to a warrant? It irks me to let them in at all and that the warrant must be invalid since to obtain it, they must have provided 'proof' not just a statement, then, should one honor the warrant or refuse entry on the basis that the warrant is illegal? What happens if you refuse to let them in even with a warrant?

This is a criminal process - whilst TVL may assert their belief when the cards are down, it is the judge who decides on 'the balance of probabilities'. You certainly do not need to be seen viewing, but it helps.

Just as someone walking down a a street at 2am carrying a crowbar can be successfully prosecuted for 'going equipped' if the police are suspicious. Having a viable receiver that can be used is exactly the same, as the 'crime' is having installed valid receiving equipment (see the Communications Act for the precise wording).

I have been in court where two defendants lost, as the judge did not believe their protestations of innocence that the LCD set in the lounge only played DVD's. In evidence was the previous licence lapsed and no response to the TVLs enquiries.

As to the warrant - they have the proof - the installation of a receiver is 'reasonable cause'. If it has no capability to receive, there is not. Refusal to admit prior to the issuing of a warrant Explained any (unspecified) discount would be up to the dealer principal and forthcoming when placing an order. not an issue - but is not a requirement either - of the cases I witnessed in court 80% had no warrants for access issued.