TV License dilemma

b33r

Kurtis_Blue wrote: »

The legislation doesnt actually make that distinction but, lets pretend it does.
Whats your point?
the OP had a TV installed and connected to a live Sky stb.

My point is, that unless they have then used that to watch or record Live TV then they haven't committed an offence. As I said earlier the chances are pretty high that because of the technology in the sky box that they have broken the law however this would have to be proven and I'm not aware of any cases of that occurring.

Kurtis_Blue

b33r wrote: »

My point is, that unless they have then used that to watch or record Live TV then they haven't committed an offence. As I said earlier the chances are pretty high that because of the technology in the sky box that they have broken the law however this would have to be proven and I'm not aware of any cases of that occurring.

Oh Ok, then you are wrong. It does not say install AND use it says install OR use.

It is the actual installation of TV receiving equipment that needs the licence as shown in the legislation.

http://www.legislation.gov.uk/ukpga/2003/21/section/363

Only TV dealers can install them without a licence.

JimmyTheWig

b33r wrote: »

My point is, that unless they have then used that to watch or record Live TV then they haven't committed an offence. As I said earlier the chances are pretty high that because of the technology in the sky box that they have broken the law however this would have to be proven and I'm not aware of any cases of that occurring.

It wouldn't have to be proven if they admit to it.

b33r

Kurtis_Blue wrote: »

Oh Ok, then you are wrong. It does not say install AND use it says install OR use.

I'm not, but tbh, I can't be bothered debating it with you any more. Why don't you give TVL a bell themselves and tell them they've got it wrong too.

Kurtis_Blue wrote: »

Only TV dealers can install them without a licence.

Says who?

b33r

JimmyTheWig wrote: »

It wouldn't have to be proven if they admit to it.

Aye yeh I mentioned that in posts 3 and 8 which is why you should never sign anything presented to you by TVL goons

HappyMJ

Kurtis_Blue wrote: »

Oh Ok, then you are wrong. It does not say install AND use it says install OR use.

It is the actual installation of TV receiving equipment that needs the licence as shown in the legislation.

http://www.legislation.gov.uk/ukpga/2003/21/section/363

Only TV dealers can install them without a licence.

Again keep going try quoting section 364 where it says install AND use regularly.

cajef

Kurtis_Blue wrote: »

I would suggest you do not offer further legal advice to future posters, it is a serious business not to be played at.

In this you are quite correct so I suggest you also stop giving dubious advice to people about the need for a TV licence.

Kurtis_Blue

b33r wrote: »

Says who?

The Legislation.

"(5)Subsection (1) is not contravened by anything done in the course of the business of a dealer in television receivers solely for one or more of the following purposes—
(a)installing a television receiver on delivery;
(b)demonstrating, testing or repairing a television receiver."

Kurtis_Blue

HappyMJ wrote: »

Again keep going try quoting section 364 where it says install AND use regularly.

Where?

"364TV licences

(1)A licence for the purposes of section 363 (“a TV licence”)—
(a)may be issued by the BBC subject to such restrictions and conditions as the BBC think fit; and
(b)must be issued subject to such restrictions and conditions as the Secretary of State may require by a direction to the BBC.
(2)The matters to which the restrictions and conditions subject to which a TV licence may be issued may relate include, in particular—
(a)the description of television receivers that may be installed and used under the licence;
(b)the persons authorised by the licence to install and use a television receiver;
(c)the places where the installation and use of the television receiver is authorised by the licence;
(d)the circumstances in which the installation and use of such a receiver is so authorised;
(e)the purposes for which the installation and use of such a receiver is so authorised;
(f)the use of such receiver in a manner that causes, or may cause, interference (within the meaning of the Wireless Telegraphy Act 1949 (c. 54)) with wireless telegraphy.
(3)The restrictions and conditions subject to which a TV licence may be issued do not include—
(a)a provision conferring a power of entry to any premises; or
(b)a provision prohibited by a direction to the BBC by the Secretary of State.
(4)A TV licence shall continue in force, unless previously revoked by the BBC, for such period as may be specified in the licence.
(5)The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—
(a)by a notice to the holder of the licence; or
(b)by a general notice published in such manner as may be specified in the licence.
(6)It shall be the duty of the BBC to exercise their power under subsection (5) to revoke or modify a TV licence, or any of its restrictions or conditions, if they are directed to do so by the Secretary of State.
(7)A direction by the Secretary of State under this section may be given either generally in relation to all TV licences (or all TV licences of a particular description) or in relation to a particular licence.
(8)A notice under subsection (5)(a) must be given—
(a)in the manner specified in the licence; or
(b)if no manner of service is so specified, in the manner authorised by section 394.
(9)For the purposes of the application, in relation to the giving of such a notice, of—
(a)section 394; and
(b)section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its application for the purposes of that section,a person’s proper address is any address where he is authorised by a TV licence to install or use a TV receiver or, if there is no such address, his last known address.
"

corf999

I dont have a TV licence and dont intend to get one. No broadcast TV is watched live and the TVL website backs this up.

"You need to be covered by a TV Licence if you watch or record programmes as they're being shown on TV or live on an online TV service. This is the case whether you use a TV, computer, tablet, mobile phone, games console, digital box, DVD/VHS recorder or any other device."

"Do I need a TV Licence if I only ever watch on demand services (e.g. catch-up TV), DVDs or downloaded programmes?
No you don’t. As you’re not watching or recording live TV, you don’t need a licence.
Live TV means any programme you watch or record at the same time as it’s being shown on TV or an online TV service.
If you only ever watch on demand programmes, you don’t need a TV Licence. On demand includes catch-up TV, streaming or downloading programmes after they’ve been shown on live TV, or programmes available online before being shown on live TV."

However I do agree that as soon as the sky box is connected to the satellite cables - then sky anytime and other features means that broadcast Tv has been recorded live and a licence required even if no actual tv has been watched.