Clarification Regarding TV Licence Requirement

biscuitcase

Hello Anna,  I can't confirm any of the legal requirements (they seem deliberately opaque), but from what I've read of others' experiences it seems like the only way to avoid regular and increasingly threatening letters is to make a formal declaration on the website that you don't require a licence.  They then reply telling you that you may receive a visit from a licensing 'officer' to check your premises.  I don't believe,  especially during a global pandemic,  that you are under any obligation to let them into your home,  but it's probably best to avoid any confrontation by simply not answering the door.  If you don't mind dealing with threatening letters,  then you don't need to make a declaration. 

By the way,  I think it's perfectly legal to listen to radio without a TV licence,  and if you want to use your TV to listen to digital radio stations then you would be entitled to have an aerial plugged in, surely.  

Cornucopia

Whether you respond or not to TVL's letters is largely a matter of personal choice.   The practicalities are these:-

- In favour of responding:  the letters should stop for the next 2 years, at least in theory.

- Against responding:   it's an optional process, so it should be a free choice.  TVL will take personal data from you, without it being obvious why they need it, or what they intend to do with it.   If they subsequently visit you, they may ask for you by name rather than promptly identifying themselves, which can be disconcerting, and is against their own policy.

As a matter of principle, though, I would suggest not completing the form.   TVL are inclined to use dishonest wording to imply that there is some kind of obligation to completing it, and that is not true.   Their latest letters are particularly poor for this:  "If you fail to get in touch, you risk prosecution ..." which is wholly dishonest and inappropriate.   For me, that is more than enough justification not to do what they want.

As for retaining an aerial connection to the TV for radio reception, yes, it is legal.   It's probably still a bad idea, though, especially if there is any other way of receiving radio (of which there are many, these days).

pphillips

Mickey666 said:

biscuitcase said:

Hello Anna,  I can't confirm any of the legal requirements (they seem deliberately opaque), but from what I've read of others' experiences it seems like the only way to avoid regular and increasingly threatening letters is to make a formal declaration on the website that you don't require a licence.  They then reply telling you that you may receive a visit from a licensing 'officer' to check your premises.  I don't believe,  especially during a global pandemic,  that you are under any obligation to let them into your home,  but it's probably best to avoid any confrontation by simply not answering the door.  If you don't mind dealing with threatening letters,  then you don't need to make a declaration. 

By the way,  I think it's perfectly legal to listen to radio without a TV licence,  and if you want to use your TV to listen to digital radio stations then you would be entitled to have an aerial plugged in, surely.  

Simple to deal with because they are easily identified from the envelope, so straight into the bin without even opening

And yes, the requirement for a licence to receive radio stations was abolished back in the 70s I think . . . a long time ago anyway . . . and a good point regarding why you might want an aerial plugged into a TV these days even if you never watch live TV.

Personally, I would never advise anyone wishing to be legally licence free to leave the aerial plugged into their TV. Firstly because it could be used as evidence against them if they innocently let a TV licence inspector into their property and secondly because the Communications Act specifically makes an offence to "install" or use a television receiver.

biscuitcase

I agree that it's a bad idea if you plan to let inspectors into your home - I guess it's just a moral point that if you don't have a DAB radio in the room and you want to listen to the radio on your TV,  you shouldn't feel like a criminal for doing so,  although I'm sure the BBC would argue the opposite. 

brewerdave

Mickey666 said:

Hopefully it will be tackled head-on in the next BBC Royal Charter review later this decade.

If the Govt, decriminalise the offence, then it will come to a head much quicker than that as I can't see the Beeb pursuing via Civil Courts.

Farway

brewerdave said:

Mickey666 said:

Hopefully it will be tackled head-on in the next BBC Royal Charter review later this decade.

If the Govt, decriminalise the offence, then it will come to a head much quicker than that as I can't see the Beeb pursuing via Civil Courts.

I suspect they will, if only to set some sort of legal precedence, similar civil car parking was safe to ignore until court rulings turned the tables

DoaM

Claims in the County Court in the small claims track do not set any precedent. They may be persuasive, but never a precedent. Also (as private parking companies will grudgingly admit) it costs more to recover the "penalty" than a court judgment should allow ... a £100 PCN from a parking company should result in a maximum of £200 if the parking company wins the claim. This comprises £100 PCN + £50 solicitors costs (the maximum allowable) + £25 filing fee + £25 hearing fee. It costs the parking company £300+ in real terms to bring the claim.

The only reason they bring court claims is pour encourager les autres ... as something to brag about and try to scare people into paying their PCNs. If the TVL went this way then the Beeb would only have the same option, so they'd have to decide whether the loss  per claim was worth the possible publicity of scaring people into paying for the TVL.