Operation of the licensing system
Licence fee collection and use
The TV licence fee is collected by theLegal framework
In 1991, the BBC assumed the role of TV Licensing Authority with responsibility for the collection and enforcement of the licence fee. The BBC is authorised by theReclassification as a tax
In January 2006, theTV Licensing Management Team
The TV Licence Management Team, which is part of the Finance and Business division of the BBC, oversees the TV Licensing system. The TV Licence Management Team is based in the BBC buildings at''TV Licensing'' brand
The BBC pursues its licence fee collection and enforcement under the trading name ''TV Licensing'', but contracts much of the task to commercial organisations. ''TV Licensing'' is a trademark of the BBC used under licence by companies contracted by the BBC that administer the television licensing system. Concerning the relationship of the BBC brand with the TV Licensing brand, the BBC's position is stated as: "The TV Licensing brand is separate from the BBC brand. No link between the two brands should be made in customer facing communications, in particular, use of the BBC name and logo". However, it also states that the rules for internal communications and communications with suppliers are different: "the name BBC TV Licensing may also be used within department names or job titles for BBC employees".TV Licensing contractors and subcontractors
Capita
A major contractor isProximity London Limited
Marketing and printing services, including reminder letters and licence distribution, are carried out by Proximity London Limited.Havas Media
Media services are contracted toOther contractors
Other contractors involved in TV Licensing includeDuration of a TV licence
A TV licence, once issued, is normally valid for a maximum of 12 months. The period of its validity depends on the exact day of the month it is purchased; this is because TV licences always expire at the end of a calendar month. If a licence were to be obtained in September 2014, for example, it would expire on 31 August 2015. Thus the period of validity would vary between 11 and 12 months depending how early in the month it was bought. If an existing licence is renewed on time, the new licence will last the full 12 months. The BBC sometimes issues 'short dated' licences in situations when a licence is renewed after the expiry date of the previous licence. The BBC does this as it assumes that TV was being watched in the interim period between expiry and renewal. Short dated licences are set to expire 12 months after the previous expiry date. If a UK resident aged 74 years wishes to purchase a TV Licence, they can apply for a short-term TV Licence to cover the time until they reach 75 when they become eligible for a free licence in the UK. Short-term licences for 74-year-olds are also available on the Isle of Man andCost of a licence
The level of the fee is decided following periodic negotiations between the UK Government and thePayment methods
The BBC allows the following forms of payment of the licence fee: *Concessions
Over 75s
Between November 2000 and April 2018, TV licences were provided to people over the age of 75, through full funding by central government. This concession covered the whole household, so that even if just one member of the household was over 75, then a free TV licence could be applied for to cover all the residents. Following a 2016 funding agreement between theCrown dependencies
On theBlind or severely sight impaired concessions
Licences are half price for theResidential care homes
Those aged over 60 and in residential care homes (including nursing homes, public-sector sheltered housing and almshouses) qualify for ''Accommodation for Residential Care'' (ARC) licences for £7.50 a year.Total licence sales
TV licence sales figures were quoted by the BBC to be 25.562 million in the year 2014–15, including 4.502 million concessionary licences for the over 75s, which were paid for by the UK government. The equivalent figures for the year 2013–14 were 25.478 million total licences including 4.328 million licences for the over 75s. In 2014–15, the BBC estimated that there were 26.916 million licensable properties in the UK (defined as premises where live TV was being watched), indicating that if the BBC estimates are correct, around 95% of properties are correctly licensed. The total income generated from licence fees was £3.8302 billion in 2017–18. The vast majority of TV licences are for colour TV. For example, there were 10,461 black and white TV licences in force on 31 August 2014, compared to 25,460,801 colour TV licences. The BBC has also stated that during the financial year 2013–14, a total of 41,483 blind concessionary (half-price) licences were issued in the UK of which 29 were blind concessionary black and white licences.Channel Islands
In January 2012, there were 36,261 colour licences in force in Jersey as compared to 77,480 addresses (residential properties, businesses and other premises) on the TV Licensing database for the island (at the end of December 2011). This would suggest around 53% of Jersey addresses did not have a TV licence at the beginning of 2012. The comparable figures for Guernsey are 23,673 licences in force in January 2012 and 40,263 addresses on the database at the end of December 2011. Thus there were around 41% unlicensed properties in Guernsey at the beginning of 2012.History
When television broadcasts in the UK were resumed after a break due to the Second World War, it was decided to introduce a television licence fee to fund the service. When first introduced on 1 June 1946, the licence covering the monochrome-only single-channel BBC television service cost £2 (equivalent to £ as of ). The licence was originally issued by theLicence fee expenditure
TheTV licence legal requirements
When a TV licence is required
According to section 363 of theWhen a TV licence is not required
It is not necessary to have a TV licence for the purpose of: * operating a digital box used with a hi-fi system or another device that can only be used to produce sounds * installing and using a television set solely as a closed-circuit TV monitor * using a TV to play pre-recorded DVDs or videos (although to record live programmes it is necessary to hold a licence) * using a TV as a digital radio receiver * using a digital box to listen to radio through a TV * using a TV as a monitor for a computer games console * watching catch up TV services when the programme is not live except when using the BBC's iPlayer service to receive BBC catch-up programmes. * listening to BBC radio programmes over the internet viaExceptions to the TV licensing regime
There are a few exceptions to the TV licensing regime where live TV may be watched without a TV licence being held for that property. These cases are: * Crown immunity. According to the BBC: "neither the Communications Act 2003 nor the Communications (Television Licensing) Regulations 2004 bind the Crown. Thus, the Crown is not subject to the TV Licensing regime." Prison authorities can assert Crown immunity to allow prisoners to watch TV without a TV licence. In 2012, the BBC recognized that the UK Parliament is exempt from the TV licensing regime, and so the Parliamentary Estate stopped purchasing TV licences from this date. * Events of national importance. The BBC can grant a dispensation for the temporary use of TV sets away from the licensed address in what it calls 'exceptional circumstances'. One example of this was the screening of the Queen's Diamond Jubilee celebrations in 2012. There are well defined criteria for when this exception is valid. * Foreign ships. According to the BBC: 'Foreign Ships will not need a licence'Number of licences required per address
A licence is required to watch live TV transmissions anywhere, including residential and business premises. For residential premises, only one licence is required per household per address, regardless of the number of licensed devices or the number of members of the household. However, the licence itself is always held in the name of an individual. A rented property in multiple occupation by a jointTelevision use away from home
Use of television in a static caravan is covered by the licence held for the user's main address, provided there is no simultaneous use of television at both places, and the use of television in a touring caravan is always covered by the user's main home licence. The use of a television set which is powered solely by its own internal batteries is covered for any address by the user's main home licence, but requires a separate licence if it is plugged into the mains or other external power source, such as a car battery; this also applies to TV-enabled mobile telephones. Students during term-time may not need a separate TV licence if one is held at their permanent home-address if they watch TV on a device powered solely by its own internal batteries. Specifically: * The out-of-term address must be covered by a TV licence * Any TV receiving equipment used must be powered solely by its own internal batteries * The TV equipment must not be connected to an aerial or plugged into the mains. People living exclusively in a mobile dwelling such as a touring caravan or a constantly cruising canal boat, who do not have a static address, are not legally able to watch a television as they cannot purchase a licence without one.Licence fee enforcement
TV licence evaders
A person who watches or records live TV without being in possession of a TV licence is referred to by the BBC as a 'TV licence evader'. Each year the BBC estimates the evasion rate (expressed as a percentage of total 'licensable properties') and publishes the value in its Annual Report and Accounts. The basic formula for estimating the evasion rate is: :: where: ': number of TV Licences in force ': number of domestic households ': penetration rate of TVs into households ': non-domestic licences required The figure for the number of licences in force is taken from the BBC's database. The other variables used to calculate the evasion rates are estimates. The data for the number of domestic households is taken from theLASSY database
Since it is not possible to prevent a person buying and using TV receiving equipment without being in possession of a licence, the TV licence system is enforced by first identifying TV licence evaders and then attempting to sell them a licence and, in some cases, prosecuting them. The critical method of detecting TV licence evaders is through the use of a database system known as ''LASSY'', which contains 29.5 million addresses. LASSY is an acronym of 'Licence Administration and Support System'. According to the National Audit Office: "The database holds records of potentially licensable properties and basic details (such as the name of the licence holder and the licence expiry date) of those for which valid licences are held". This database is routinely updated with licence holders' details. Until 25 June 2013, dealers in television receiving equipment were required by law to provide TV Licensing with identifying information about everyone who buys or rents such equipment. However this requirement has been lifted by theTV Licensing letters and telephone calls
TV Licensing may make initial contact by letter or by phone with occupants of addresses for which there is no current licence. During the financial year 2012–13, approximately 21.5 million letters were sent to unlicensed addresses. The average postage cost to post one standard TV Licensing letter in the financial year 2012–13 was stated to be £0.2059. The methods by which an occupant can reply are in writing, by telephone or by filling in an online form. If there is no reply to the first letter and a TV licence is not bought by the occupant, then TV Licensing continues to write regularly to the address and "the tone of the letters progressively becomes stronger to encourage a reply". For example, one of its standard letters includes the phrase: "Official warning: We have opened an investigation". This warning was included in 940,615 letters sent in January/February 2013. Another standard letter states: 'Dear Sir/Madam, you have not responded to our previous letters. We want to ensure you have the information you may need before a hearing is set at your local court.' More than 3 million letters containing this phrase were sent in 2011. Three basic tones of voice are used in TV Licensing letters: "Customer Service", "Collections" and "Enforcement". According to the BBC: "Customer service is the brand experience we create for customers who are currently licensed, unknowingly unlicensed or who don’t need a licence", whereas "Collections is the brand experience we create for those customers whose TV licence has expired and whom TV Licensing wants to motivate to renew." Finally, the enforcement tone is used for households who have been unlicensed for a longer period. This period is not specified in freely available documents but TV Licensing suggests it could be used, for example, for the third and fourth renewal reminder. Each of these 'tones' involves letters with a different colour palette. For example, green is used in 'Customer Service' letters and red may be used in 'Collections' and 'Enforcement' letters. In all cases, the vocabulary and format used in the letters is strictly defined. If a business or household is not obliged to have a TV licence then TV Licensing will request written confirmation of this, even though no such information is required to be given in law. According to the BBC, it is not possible to opt out of receiving TVL mailings since they 'are not advertising or marketing material'. Similarly, householders who do not have a licence cannot exclude themselves from unsolicited calls from TV Licensing by registering with theEnquiry officer visits
If a colour TV licence is not purchased for an address, TV Licensing agents—known as "visiting officers", "enquiry officers" or "enforcement officers"—make unannounced visits to the address. In August 2013, there were reported to be 334 enquiry officers all employees of the BBC's main enforcement contractor, Capita. Enquiry officers make around four million visits a year to households in the UK and Crown dependencies. Each week an enquiry officer may upload a number of unlicensed addresses onto their "handheld device". The enquiry officer is only allowed to visit the addresses on this list, which are normally within a thirty-minute travelling distance from their home postcode. Enquiry officers do not visit addresses in their own postcode, however. Although TV Licensing enforces the BBC's statutory obligation to ensure that every address where a television licence is required is correctly licensed, its agents have no special right of access and, like any other member of the public, rely on an implied right of access to reach the front door. A householder may withdraw the implied right of access to TV Licensing personnel by contacting the BBC and informing them that this right has been revoked; the BBC says they respect such requests (although could still seek a warrant to search the property), except in Scotland. As of March 2014, 7299 households had withdrawn the implied right of access. This figure had increased to over 20,000 by December 2015. Upon visiting a property, enquiry officers ask a set of predetermined questions to whoever answers the door when they visit." They first try to find out if the person who responds to the enquiry officer is an "appropriate person" to interview (i.e. an adult who lives at the property). They then try to find out if that person has been receiving TV without a licence. If they suspect that this is the case, they issue an official caution to the person that whatever they say may be used against them in court. They then take a prosecution statement and ask the interviewee to sign it. The enquiry officer may ask permission to enter the property and may examine any TV receiving equipment found there. According to the visiting procedures: 'circumstantial evidence of use should be noted on the Record of Interview whenever visible (e.g. sky dish, aerial lead plugged into TV, remote control on settee) as this provides supporting evidence for potential prosecution and may be vital if the confession should later be challenged.'. However, the occupant is well within his/her rights to deny answering any questions (remain silent) and is under no obligation to allow entry into the property. If an agent has evidence that television is being watched or recorded illegally but is denied entry by the occupants so that they cannot verify the suspicion, then TV Licensing may apply to aDetection technology
TV detector vans
Hand-held detectors
Hand-held TV detectors have also been developed by the BBC. In the ''Birmingham Mail'' for the same year, the detectors were described as 'little bigger than a torch', weighing 280g (10 oz), which made a beeping noise when they detect a TV. The company Buckman Hardy Associates has made such equipment for the BBC in the past but the equipment shown in the publicity campaigns run in 2007 was all made by the BBC itself.Optical detectors
In 2013, it was revealed that the BBC had used optical TV detectors to apply for a search warrant. Although few technical details were given, it was stated in an application for a search warrant that: "the optical detector in the detector van uses a large lens to collect that light and focus it on to an especially sensitive device, which converts fluctuating light signals into electrical signals, which can be electronically analysed. If a receiver is being used to watch broadcast programmes then a positive reading is returned." The BBC stated that this was strong evidence that a set was "receiving a possible broadcast".Legal use of detection technology
The BBC states that such technology used in conjunction with targeted advertising acts as a deterrent: its use may make it easier for TV Licensing agents to establish that an offence is likely to be taking place but they would still need to secure further evidence for successful prosecution. Furthermore, such technology is restricted in its use by the meaning of "surveillance and covert human intelligence sources" in theSearch warrants
In some cases, TV Licensing may apply to a magistrate (or a sheriff in Scotland) for a search warrant as part of the enforcement process. According to TV Licensing such an application 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'. The same source also states that 'The BBC contracts Capita Business Services Ltd to carry out television licensing enforcement activities, including applying for and executing search warrants.' The BBC's contractor uses powers granted by Section 366 of the Communications Act 2003 to apply for and exercise search warrants. The Act specifies that the search warrant is valid for a month after being granted. According to the BBC, such warrants are usually executed in the presence of police officers. The TV Licensing Visiting Procedures state: 'To minimise the impact on normal operations Enforcement Managers accompanied by an EO should in normal circumstances execute search warrants. On no account must the warrant be executed without two officers being present. Normally the two officers must be accompanied by a Police Officer'. The warrant provides an authorisation to search a premises, and to examine and test any television receiver found. However, there is no power to seize any apparatus. According to the BBC Search Warrant Policy "force must not be used by TV Licensing to gain entry to a property". Data on the number of search warrants executed per year in the whole of the UK are not collated or held centrally by the various judicial bodies of the state. However, the BBC, itself, holds the information some of which has become available due to FOI requests. For example, in the financial year 2014–15, TV Licensing applied for 256 warrants to serve in the UK. 167 warrants were granted by the courts of which 115 were executed. In the same year in Scotland no warrants were applied for or served whilst in Northern Ireland 12 warrants were granted and 7 executed in the year. Some idea of the frequency at which warrants are used may also be taken from the result of a recent FOI request. It was revealed that Sheffield Magistrates granted TV Licensing a total of six search warrants in the years 2011, 2012 and 2013, whilst in Northampton (including Wellingborough and Kettering) only two were granted in this period. Information provided by theProsecution and fiscal fines
In 2014, 204,018 people were prosecuted or fined for TV licence offences: 185,580 in England and Wales (173,044 in England and 12,536 in Wales), 4,905 people in Northern Ireland and 15 in the Isle of Man. In Scotland, there were 13,486 cases disposed of via an out of court fine and 32 prosecuted via the courts in 2013–2014. There have been no prosecutions for TV licence offences in Jersey since 2009, all cases having been resolved at Parish Hall Enquiry. Putting these numbers in perspective, it would appear there are more prosecutions and convictions per capita in Wales than in any other country in the UK. Around 70% of TV licence evaders are female. This 30%-70% male/female ratio is pretty much constant across the whole of the UK and is at odds with statistics for other small crimes . This gender imbalance has not always been the case. In 1980, there were roughly similar numbers of men and women proceeded against for TV licence evasion. Since then the proportion of female to male defendants has risen steadily. In 2014, 24,025 prosecutions that were commenced by the BBC did not result in conviction (over one-in-ten cases in England and Wales). Licence evaders are liable for prosecution and a fine of up to £1,000 in the UK. However, because the licensing regime covers six different jurisdictions, the legal processes and penalties for the crime of TV licence evasion differ markedly across the British Islands. The average fine is £170 in England and Wales, £70 in Jersey, £80 in Northern Ireland, £75 in Scotland (out-of-court disposal) and £200 in the Isle of Man. TV licence evasion is not punishable by a period of imprisonment ''per se'', but if convicted evaders refuse to pay the fine they were ordered to pay, or are incapable of paying it, a period of imprisonment may be imposed as a "last resort". The length of stay is decided by the amount owed. In England and Wales, 5 people were given an average of 19 days in 2018 (compared to 20 days in 2014, 32 in 2013 and 51 in 2012). There were no custodial sentences imposed during the five-year period 2009–10 to 2013–14 in Scotland or in Jersey. The British Government proposed decriminalising licence evasion, but the proposition was turned down by a House of Lords vote by 178 to 175 in February 2015. Behavioural research conducted for the BBC predicted that if TV licence evasion was decriminalised and the £1,000 maximum fine was replaced by a civil penalty of over £300, evasion rates would increase. The same report recommended to the DCMS that the current system should remain while Baroness Morgan admitted decriminalisation "would have an impact on BBC funding."England and Wales
In England and Wales, prosecutions are the responsibility of the BBC and are carried out by its contractor, Capita, in magistrates' courts In England and Wales TV Licensing has a maximum of 26 weeks to lay information to court after receiving information regarding unlicensed use of a TV from its enquiry officers. During this period, and a maximum of 24 hours before a decision to prosecute a householder is taken, TV Licensing will check if a licence has been purchased. The decision to prosecute usually takes place 12–14 weeks from receiving the enquiry officer's report. TV Licensing serves documents on defendants four to six weeks prior to a court hearing. A final check to see if a TV licence has been purchased is made a maximum of two days before the hearing. Licence fee evasion makes up around one-tenth of all cases prosecuted in magistrates' courts and 0.3% of court time. Proceedings for TV Licence evasion form a high percentage of all prosecutions carried out against women – over a third of all cases against women in England and Wales in 2013 were for this offence. By comparison, TV licence evasion made up around 5% of prosecutions against men in 2013 in England and Wales. The maximumNorthern Ireland
In Northern Ireland, prosecutions are the responsibility of the BBC and are carried out by its contractor, Capita, in magistrates' courts. The prosecution process is very similar to that of England and Wales. In 2008, 5,272 people in Northern Ireland were prosecuted for non-payment of the television licence fee of which 4,118 were fined. The corresponding figures for 2007 were 5,901 people prosecuted and 4,464 fines imposed.Scotland
In Scotland, the Crown Office and Procurator Fiscal Office undertakes prosecutions for TV licence evasion. Very few cases in Scotland come to court. Instead of prosecution, in Scotland, TV licence fee evaders are usually asked by the Procurator Fiscal to pay aIsle of Man
On the Isle of Man, prosecutions are prepared by Capita on behalf of the BBC although they use Manx qualified lawyers in the Magistrates' Court. The maximum fine is £1,000. In a submission toGuernsey
The maximum fine for licence fee evasion in Guernsey is £2,000. Initial investigations into licence fee evasion are carried out by Capita employees as in the UK. However, prosecutions are carried out by police and law officers. According to the States of Guernsey: "it appears the TV Licensing Inspectors visit the island once every three to four years, therefore offences are usually reported to us following these visits." In June 2013, Capita's television licensing enforcement officers visited Guernsey where according to the BBC, they found "130 people illegally watching TV without a licence". The Guernsey Police Annual Report 2014 states that no offences of "television receiver without a licence – install/use" were recorded in 2014 as opposed to two such cases in 2013.Jersey
According to the States of Jersey government: "Enforcement in Jersey is initiated by the TV Licensing function of the BBC which passes information onto the Jersey Police who then conduct their own investigation. A fine for a TV licensing offence can only be levied following successful prosecution at the Magistrate's Court: the Centenier does not have the power to summarily levy a fine for a TV licensing offence at a Parish Hall Enquiry." The maximum fines for this offence in Jersey is £500. Prosecutions are carried out by theEnforcement overview
Opinions on the licence fee
Opinion polls
In 2004, the BBC reported that "Almost 70% of people in the UK want changes to the way the BBC is funded", following an ICM poll for their current affairs programme ''Views of official bodies and policy institutes
Previous inquiries, such as the parliamentaryMedia views
The television licence fee system has been variously criticised, commented upon and defended by the press. In 2010, the journalist Charles Moore was fined by a magistrates' court for watching TV without a licence. Moore had refused to pay in protest at the BBC's unwillingness to dismissGender disparity
A review by the TV Licensing Agency published in 2017 considered the gender disparity in TV Licence prosecutions. 72% of prosecutions for TV licence evasion in 2017 were against women. TV licence evasion is the most common offence for which women are prosecuted in the UK. Although the review found that "There is no evidence of any discriminatory enforcement practices on the part of TV Licensing" commentators have highlighted the ongoing factors of poverty, debt and working in the home which combine to make it more likely that women will be charged with this crime than men. Women in the UK are nearly ten times more likely to be convicted than men and this leads to suggestions that the BBC may be guilty of "indirect gender discrimination". In 2020, in the light of a threatened judicial review the BBC agreed to follow up on the 2017 report and consider the structural sex discrimination which might exist in the scheme leading to this skewed level of prosecutions.Websites and blogs
There are a number of websites that campaign against the TV licence. The BBC monitors the Internet for references to TV Licensing. According to the BBC "searches are carried out for the purpose of identifying external information relating to TV Licensing such that, where appropriate, we can respond and assist licence fee payers or correct inaccurate information as well as flag up customer complaints." Part of this monitoring 'flags up' critical comments about TV Licensing. An internal briefing note released by the BBC in response to a freedom of information request names the ''TV Licensing Blog'' as TV Licensing's "most prevalent activist" who has "built a significant following both for his blog and for his @TVLicensingblog Twitter feed (over 900 followers)". The BBC also monitors YouTube videos of enquiry officers and YouTube videos critical of TV Licensing as well as social media such as Facebook and Twitter. In June 2020, a campaign called "Defund the BBC" was founded by James Yucel, a student at Glasgow University, supported by political commentator and activistOpinions on collection and enforcement methods
In September 2008, the BBC's governing body, the BBC Trust, launched a review of TV Licensing's methods, following complaints about "heavy-handed" and "intimidating" tactics and during December 2008, it was reported by the press that the chairman of the all-party Commons Culture, Media and Sport committee had accused TV Licensing of behaving "like theIsle of Man
The licensing system remains controversial in the Isle of Man due to the fact that the licence fee remains the same as in the UK and Channel Islands, even though the BBC provides neither a local television news service for the Isle of Man (similar to BBC Channel Islands) nor any BBC local radio or national radio opt-out station. The BBC has sought to redress the lack of coverage by improving its online news service for the Isle of Man, with permanent BBC staff based at theThe future of the licence fee
The current Royal Charter for the BBC expires on 31 December 2027 and the TV licence fee itself was fixed at £145.50 until March 2017. After this time, the fee increased in line with inflation for five years until 2022; the price was raised to £147. The government stated that "while the current licence fee collection system is in operation, the current system of criminal deterrence and prosecution should be maintained". In June 2019, it was announced that free TV licences for all over-75s that were supposed to be funded by the BBC as part of the 2017 agreement, would be abolished in June 2020. The TV Licensing website states that "From 1 June 2020, there will be a new scheme. Under the new scheme, anyone aged 75 or over who receives Pension Credit will still be eligible for a free TV Licence which the BBC will pay for. Households where there is no one aged 75 or over that receives Pension Credit will need to buy a licence if one is needed." This was delayed to 1 August 2020, in part due to theNotes
The Communications (Television Licensing) Regulations 2004 gives the following definition: * "television receiver" means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose. * any reference to receiving a television programme service includes a reference to receiving by any means any programme included in that service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.References
External links