TV Licence article Discussion

madmuppet5

Bedsit Bob....you're quoting posts from four years ago and everyone has saved £600 since then :rotfl::rotfl:

iancarbarns

Steve059 wrote: »

Please provide a link to the relevant legislation.

Here is the relevant legislation:

Section 363 of the Communications Act 2003 makes it an offence to INSTALL or USE a television receiver to watch or record any television programmes as they’re being shown on television without a TV Licence.
See: www legislation gov uk/ukpga/2003/21/contents

363Licence required for use of TV receiver
(1)A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part.
(2)A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence.
(3)A person with a television receiver in his possession or under his control who—
(a)intends to install or use it in contravention of subsection (1), or
(b)knows, or has reasonable grounds for believing, that another person intends to install or use it in contravention of that subsection,
is guilty of an offence.
(4)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(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.
(6)The Secretary of State may by regulations exempt from the requirement of a licence under subsection (1) the installation or use of television receivers—
(a)of such descriptions,
(b)by such persons,
(c)in such circumstances, and
(d)for such purposes,
as may be provided for in the regulations.
(7)Regulations under subsection (6) may make any exemption for which such regulations provide subject to compliance with such conditions as may be specified in the regulations.

blackfive

iancarbarns wrote: »

Sorry Martin et al, but you have got this one completely wrong.

The need for a licence is not about whether you watch (or record) live TV. It is about whether you have equipment INSTALLED that is CAPABLE of allowing you to watch (or record) live TV.

So if you have a TV set, video recorder, satellite TV box or cable box that is connected to the aerial, satellite dish or cable, then you need a licence, even if you don't ever watch anything. If you have a TV set connected to a DVD player to watch disks, the you don't.

Unfortunately, if your mobile phone is CAPABLE of watching live TV (even if you don't know how to do it!) then you need a TV licence. Same for your PC, laptop or tablet if connected to the internet and with the relevant software installed - you need a TV licence even if you don't watch things live.

Completely agree though about the ridiculous threatening letters sent out by the Authority - they should be hauled over the coals for those.

This is exactly what the TVL enforcement attempted to tell me some years back even when the television was still sealed in the box it was delivered in. He tried to say you needed a licence just for having a television so I had to correct him that you only needed a licence if you watched a live broadcast. He was also the idiot I had to physically throw out after he'd attempted to push his way in despite being told to leave the premises as I didn't like his attitude.

tulips

I never understood why you don't need to enter a tv licence number to use iplayer. The "not live" requirement seems a massive loophole.

iancarbarns

blackfive wrote: »

This is exactly what the TVL enforcement attempted to tell me some years back even when the television was still sealed in the box it was delivered in.

Under Section 363 para 3 (a), they would have had to prove that you "intends to install or use it". Your defence would have to be that you intended to leave it in its box, or in the corner of the room but not plugged in to an aerial ... interesting day in court!

madmuppet5

iancarbarns wrote: »

Here is the relevant legislation:

Section 363 of the Communications Act 2003 makes it an offence to INSTALL or USE a television receiver to watch or record any television programmes as they’re being shown on television without a TV Licence.
See: www legislation gov uk/ukpga/2003/21/contents

That's the relevant bit Ian :beer:

blackfive

iancarbarns wrote: »

Under Section 363 para 3 (a), they would have had to prove that you "intends to install or use it". Your defence would have to be that you intended to leave it in its box, or in the corner of the room but not plugged in to an aerial ... interesting day in court!

After that I sought some legal advice and, as others have previously stated here, its ONLY an offence to watch a TV programme as it's being broadcast on any terrestrial, cable or satellite system. Although it may probably weaken your defence its not illegal to have the television plugged into an aeriel or satellite dish as this isn't proof you've been watching broadcast programmes.
I don't have a licence now and the TV is in the corner but I've never retuned it since before the digital switchover as I've plenty of DVD's to watch or use the iplayer catch up for the odd programme I may be interested in.

Cornucopia

If it helps anyone see just how daft this whole thing is, the BBC has said that it is permissible to use a Freeview TV to listen to the Radio without a TV Licence. That is, to connect it to an aerial and tune it in.

I then asked under FOI what steps a person might take to show that they were only listening to the Radio.... and they wouldn't tell me. :mad:

agnomen

blackfive wrote: »

After that I sought some legal advice and, as others have previously stated here, its ONLY an offence to watch a TV programme as it's being broadcast on any terrestrial, cable or satellite system. Although it may probably weaken your defence its not illegal to have the television plugged into an aeriel or satellite dish as this isn't proof you've been watching broadcast programmes.
I don't have a licence now and the TV is in the corner but I've never retuned it since before the digital switchover as I've plenty of DVD's to watch or use the iplayer catch up for the odd programme I may be interested in.

They're going to have to define 'television receiver' if it's still an offence to install one. Otherwise the law is totally unenforceable: you can watch iPlayer on a mobile phone, so this implies that if you possess a smart phone, you need a licence.

Watching "Live" iPlayer licence needed. Watching iPlayer not live: not needed. Otherwise try getting a licence off everyone with an iPhone! Total nonsense.

Steve059

I respectfully suggest that the BBC/TVL want discrepancies and confusion.

The TVL "goon" would see the above Freeview device plugged into the aerial socket and, hey presto!, a summons. And who is the judge more likely to believe?