TV Licensing

Administering the licence fee

TV Licensing database and data management

Is it lawful for TV Licensing to process data about me without my consent?

Under the Communications Act 2003 the BBC is the responsible public authority for issuing TV Licences and collecting the licence fee. The BBC’s processing of personal data is necessary to carry out these statutory functions. The General Data Protection Regulation (GDPR) sets out the valid lawful grounds on which organisations can process personal data unless an exception applies in the Data Protection Act 2018. While a person’s consent is one of those grounds under the GDPR, another lawful basis is that the processing is necessary to carry out a statutory function. TV Licensing processes personal data, on behalf of the BBC, to comply with the BBC’s statutory function of issuing TV Licences and collecting the licence fee.

Under the GDPR the BBC is a data controller and determines the purposes for, and manner in which personal data is processed. Personal data held by the BBC and its TV Licensing contractors for the purpose of administering the television licensing system cannot be used for any other purpose, unless it is expressly required or permitted by law.

How does TV Licensing take care of personal data?

The BBC and TV Licensing take the security of the information we are entrusted with very seriously and have a comprehensive set of controls in place to protect it. Our Information Security strategy comprises policy, procedural, technical and educational controls, and each staff member is regularly reminded of their responsibilities.

Personal data held by TV Licensing will not be disclosed to anyone outside TV Licensing unless we are required or permitted by law to do so. TV Licensing occasionally receives requests of this nature from the police and government agencies. In assessing such requests we take into consideration the legitimate interests of these agencies in processing the personal data as well as the rights and privacy of the data subject under the GDPR.

Further information on how TV Licensing deals with personal data is set out in the TV Licensing Privacy Policy.

Note also that the BBC is not obliged to comply with requests made under the FOI Act for personal data. Section 40 of the FOI Act provides that an organisation is not obliged to comply with a request if the information requested is personal data and its disclosure would contravene data protection law. The BBC has previously withheld information under this exemption on a number of occasions.

Does the BBC or TV Licensing sell my personal data to any other organisation?

No, we do not.

Is my data protected under the agreements between the BBC’s contractors and subcontractors?

Yes. The General Data Protection Regulation (GDPR) requires that processing of personal data (including disclosure) on behalf of the data controller must be carried out under a written contract which requires that such processing may only be done on the instructions of the data controller. The BBC’s TV Licensing contractors are permitted to disclose personal data to their employees and the employees of their sub-contractors, but retain responsibility for their compliance with the GDPR and relevant contractual obligations.

Does a PayPoint retailer have access to my personal data?

If a person buys a TV Licence for the first time at a PayPoint store, the retailer will ask for the person’s name and address, and verify this on a “look-up” system that gives them access to names and addresses only on the TV Licensing database.

If a person renews a TV Licence at a PayPoint store, the retailer will simply process the transaction and will not access any personal data.

Where do you obtain the information held on the TV Licensing database, and how do you ensure that the information is accurate and kept up to date?

The TV Licensing address database is one of the largest and most comprehensive in the UK today. Information held on the database is continually updated to ensure it is as accurate as possible at any point in time.

TV Licensing relies on individuals to inform us if their details are not accurate or if their circumstances have changed. TV Licensing also uses external data sources like the Royal Mail’s Postcode Address File, from which updates are usually received daily (based on postal delivery points that continually change as new properties are built, and existing properties are either demolished or undergo change of use).

Additionally, our visiting officers visit addresses to confirm whether properties are occupied. TV Licensing also refers back to Royal Mail any address (i.e. delivery point) where there is uncertainty (e.g. where two previously separate adjoining properties have been converted into a single property).

TV Licensing makes every effort to ensure that the database is accurate and up-to-date. However, in a database of this size – containing more than 33 million addresses – it is inevitable that some errors will occur. Once identified, these inconsistencies are corrected as quickly as possible.

What payment history information does the TV Licensing database store?

The TV Licensing database system holds details of recent payments made by direct debit, credit or debit card, cheque or postal order (partial or full); or via any PayPoint. More detailed payment records are held for people paying on cash schemes, as every payment made will be logged.

Why does TV Licensing ask for phone numbers?

In TV Licensing’s experience, many licence holders appreciate being contacted by phone in the event there is an issue with their payments. However, no-one is obliged to provide this information.

We do not ordinarily telephone customers only in exceptional circumstances, and will always identify ourselves.

What information does TV Licensing hold on TV Licence payers?

The TV Licensing database system holds (in accordance with the data protection law and the BBC’s Agreement with the Home Office) only as much information as is required for, or is relevant to, the successful administration of the television licensing system.

Does TV Licensing process the personal data of people who’ve told you they don’t have a television?

As at March 2023, statistics show that around 91.5% of UK households may be licensable. It is therefore reasonable for TV Licensing to write to all unlicensed addresses to confirm if a TV Licence is needed . TV Licensing works on the assumption that every UK household requires a Licence, and therefore we write to all addresses where there is no record of a Licence or the current licensing requirements (if any) are unknown.

When a person notifies TV Licensing that they do not require a Licence, this is noted on our database and a stop will be put on further correspondence for a period of time. A visiting officer may visit the address to verify that a Licence is not required.

No-one is under any obligation to provide us with personal data although we do request people's names in order to keep our database up to date. Enforcement measures are taken at addresses if necessary, irrespective of whether there is a name associated with that address or not, although the use of names assists us in keeping the database up to date.

Who designed the TV Licensing database system and how does it operate?

The TV Licensing database system was designed by the Post Office and is currently maintained by Capita Business Services Limited (Capita), a company contracted by the BBC to administer most of TV Licensing. The BBC owns the intellectual property rights to the system.

The operation of TV Licensing involves a vast amount of data, which is stored and managed through a number of interrelated databases held by different agencies on behalf of TV Licensing. The main TV Licensing database holds details of more than 24 million TV Licences in force in the UK.

The TV Licensing database can only be used for the purpose of administering and enforcing the television licensing system unless it is expressly required or permitted by law (e.g. by government agencies to detect or prevent crime).

Mailings/letters and electronic communications

When and in what circumstances does TV Licensing send letters?

TV Licensing has a statutory duty to ensure that every address where television receiving equipment is installed or used to watch or record television programmes as they are being shown on TV is properly licensed. Therefore TV Licensing writes to all addresses where there is no record of a Licence or the current licensing requirements (if any) are unknown.

Different letters are sent depending on the different circumstances and needs of addresses. The tone of all the letters are carefully considered before being sent, and are intended to cover a range of possibilities. For example, some people without a Licence may have simply forgotten to buy it; others don’t require a TV Licence, or may require one but deliberately evade paying for it. The tone of the letters progressively becomes stronger if no response is received from an address, to encourage a reply.

RAPP Limited is contracted by the BBC to provide TV Licensing marketing and printing services, and sends the majority of TV Licensing letters. In 2022/23, approximately 62.7 million items of mail for TV Licensing were sent. Some of the circumstances in which TV Licensing letters are sent include:

• Reminders letters to addresses with TV Licences that are about to expire
• Letters to unlicensed premises, emphasising the legal requirement to be correctly licensed if watching or recording television programmes as they are being shown on TV
• Letters to individuals who are on Cash Payment or Direct Debit Plans
• Letters to individuals who are enquiring about a refund on their TV Licence
• Letters to individuals who have informed TV Licensing that they have no need of a TV Licence
• Ad-hoc letters in relation to individual queries.

Please note that in addition to letters, emails and SMSs are also sent to customers who have provided their email addresses and phone numbers and have not changed their preferences to receive communications via post instead. In 2022/23 approximately 23.7 million* electronic communications were sent to customers.

A small volume of letters, mainly relating to specific customer queries, is sent by Capita.

*Figures have been rounded to the nearest ten and include SMS messages.

Why does TV Licensing write to addresses which don’t use television receiving equipment?

The Broadcasters Audience Research Board (BARB) (opens in a new window) provides data on TV households and on households using non-TV devices to watch television. Adjustments are then made to this data to identify those households that need a licence. As at March 2023, statistics show that around 91.5% of UK households may be licensable.

TV Licensing has a statutory duty to ensure that every address where television receiving equipment is installed or used to watch or record television programmes as they are being shown on TV is properly licensed. Therefore TV Licensing writes to all addresses where there is no record of a Licence or the current licensing requirements (if any) are unknown.

If TV Licensing is informed that a Licence is not needed, then mailings will stop for a period of time. It is unfortunately not possible for TV Licensing to stop contacting an address on a permanent basis as situations change, for example people can move. A person can tell TV Licensing they do not have a television by using this online form.

A visiting officer may call at the address to verify the situation because although the majority of No Licence Needed claims received by TV Licensing are genuine, people do sometimes inform TV Licensing that they don’t need a licence when they do.

For more information please see the BBC TV Licensing No Licence Needed Policy.

How often does TV Licensing send letters?

TV Licensing minimises paper communications wherever possible and uses letters only where it does not have an email address or customer consent to use an email address. Every licensed address is sent a reminder letter shortly before and after the Licence expiry date, with a series of letters following if there is no response. From that point the address is treated as ‘unlicensed’ and further contact framed to elicit a response. It is often only when TV Licensing draws people’s attention to the consequences of unlicensed use of television that they will buy the TV Licence they need. The effectiveness of the letters is under constant review to ensure that TV Licensing is acting in the best interests of the licence fee payer.

What happens if there is no response to TV Licensing’s letters?

If no response is received from an address, the tone of the letters progressively becomes stronger to encourage a reply. Sometimes a stronger message is required for people to comply with their legal obligation. The address will also be listed for a visit from a visiting officer to enquire about the licensing requirements.

TV Licensing does not presume that anyone is committing an offence and the letters have no implication for those who don’t require a TV Licence. However, a robust message needs to be communicated to persons evading the payment of the licence fee. This includes highlighting that the penalty for licence fee evasion upon conviction could be a fine of up to £1,000 (or £2,000 in Guernsey).

The BBC Trust’s March 2009 report of its review of TV Licensing states: “When dealing with [those who choose not to notify TV Licensing that they do not require a TV Licence] it is not possible for TV Licensing to distinguish between them and deliberate evaders. They will therefore be subject to the same mailings until such time as TV Licensing is notified otherwise.”

Who approves TV Licensing letters? Who authorises the visits by visiting officers cited in these letters?

All letters sent are approved by the BBC TV Licensing Management Team.

Authorisation to visit means that a visiting officer will be assigned to visit homes where no response has been received to mailings. Capita is contracted to undertake these visits.

How much does it cost to send TV Licensing letters?

TV Licensing writes to unlicensed properties to check if a licence is needed. We do not make public success rates of mailing campaigns but can confirm that all campaigns generate substantially more revenue than they cost.

TV Licensing’s costs of collection, including for communications and postage over the last five years is available at the Financial Information section.

TV Licensing minimises postage costs by sending letters in bulk using postage rates purchased competitively wherever possible. The exact cost of sending a letter depends on when and how the letter is sent.

The cost of sending a TV Licensing mailings by post comprises print and fulfilment, which is carried out by RAPP Limited (who sub-contract to Adare); and postal services, which are contracted to Communisis. Information in respect of the constituent elements of printing and fulfilment and postage is commercially sensitive and is exempt from disclosure under section 43(2) of the FOI Act.

How many letters did TV Licensing send in 2022/23?

In 2022/23 TV Licensing sent approximately 62.7 million items of mail, which included letters to addresses:

• where the occupier informed TV Licensing that they did not require a TV Licence (1,335,870 letters*)
• where a valid TV Licence was due to expire shortly (1,075,360 letters*)
• that paid for the licence fee under a Direct Debit Plan (7,322,820 letters*).

*Figures have been rounded to the nearest ten.

How many TV Licences were purchased as a result of reminder letters being sent and how much revenue did this generate?

In 2022/23 approximately 2,716,490 TV Licences* were purchased by persons in premises which received reminder letters and/or emails. It is not possible to calculate how much licence fee revenue this generated because this figure:

• is an estimate of the number of TV Licences purchased as a result of these letters, and includes concessionary and black and white licences
• shows only licences purchased over the period specified, and doesn’t account for future purchase of licences which may occur as a consequence of receiving these letters
• doesn’t account for the fact that not every Licence is paid in full, e.g. where individuals cancel their direct debit.

*Figures have been rounded to the nearest ten.

How many reminder letters did TV Licensing send in 2022/23?

TV Licensing sent 7,538,860 letters classed as reminder letters in 2022/23*.

*Figure has been rounded to the nearest ten.

How often does TV Licensing amend its standard letters?

TV Licensing changes its standard letters for a variety of reasons on a regular basis. For example, changes of substance to the letters have been made to reflect:

• Changes in the TV Licence fee.
• The fact that individuals can no longer pay for a TV Licence in the Post Office (other than in the Channel Islands and Isle of Man).
• Changes to some TV Licensing policies.
• Changes to test new copy and creative formats.
• Changes to reflect the updated methods of communication with TV Licensing available to customers.

Evasion

What is the official evasion rate?

The latest official evasion rate for the United Kingdom in the 2022/23 financial year is 10% and approximately 90% of addresses are correctly licensed. TV Licence evasion can only be estimated within a range of 1%, because some figures used in the calculation are estimates.

The official evasion rate estimates the percentage (not the number) of all premises (not individuals or households) evading the licence fee in the UK. It is calculated for the Department for Culture, Media and Sport (opens in a new window) using a model that compares the number of licences in force to external statistics on the number of households and other licensable places in the UK.

The official evasion rate does not distinguish between households and other types of premises and is produced for the UK as a whole because the external statistics required to make the calculation are not available at the level of nations. Consequently, it is not possible to provide an official estimate of evasion rates in each nation with the same degree of confidence as we do for the whole of the UK.

Have people been caught watching television programmes using equipment other than television sets without a TV Licence? If yes, how many? How many of them have you prosecuted, how many are subsequently convicted and what was the average fine imposed?

People have been caught watching, without a valid TV Licence, programmes shown on TV receiving equipment that are not television sets. Other information requested here is exempt from disclosure under section 31 of the FOI Act.

Visiting officers

Who employs visiting officers?

Visiting officers are engaged by Capita, a company contracted by the BBC to administer the television licensing system under the BBC trade mark “TV Licensing”.

How much are visiting officers paid?

The BBC doesn’t hold information on how much visiting officers are paid. This is a matter between Capita and visiting officers.

In what circumstances do visiting officers visit an address and what information do they collect on the visit?

If no response is received to enquiry letters from TV Licensing, a visiting officer will call at the address to determine the licensing requirements. The aim of the visit is to enforce the law and enable TV Licensing to remove premises which do not require a TV Licence from their enquiries, to allow resources to be concentrated on those who do require one.

What law authorises visiting officers to request access to my home? Can I refuse to let them in?

The Communications Act 2003 (opens in a new window) imposes an obligation on the BBC to issue TV Licences and collect the licence fee. The BBC must ensure that it fulfils its responsibility to the vast majority of households who pay their licence fee, by enforcing the law in respect of those who intentionally evade paying it. TV Licensing uses a range of activities to raise awareness about the requirement for a TV Licence, remind people to pay, inform them of ways to pay, and to deter people from evading the licence fee.

Visiting officers do not have any legal powers to enter your home without a search warrant granted by a magistrate (or sheriff in Scotland). They (like other members of the public) rely on an implied right in common law to call at a property as far as the door, while going about their lawful business and making their presence known. Visiting officers must explain to the occupier of the premises why they are visiting, be polite, courteous and fair, and abide by rules of conduct.

You have no obligation to grant entry to a visiting officer if you don’t wish to do so. If refused entry by the occupier, the visiting officer will leave the property. If visiting officers are refused access, then TV Licensing reserve the right to use other methods of detection.

Visiting officers may apply for authorisation to use detection equipment if they are refused entry on to premises. TV Licensing may also apply to a magistrate (or sheriff in Scotland) for a search warrant. However, this is only done as a last resort and when a senior manager and a legal adviser considers that there is good reason to believe that an offence has been committed.

What happens when a visiting officer visits a home?

The visiting officer must explain why they are visiting, be polite, courteous and fair, and abide by rules of conduct. Visiting officers do not have a legal right of entry to a person’s home without a search warrant. If refused entry, the visit can be conducted at the door. If they are asked to leave the property, they will do so immediately. If permitted by the occupier to enter the premises, the visit is normally very quick. The officer simply takes a brief view of the main living areas to verify whether or not television receiving equipment is installed or in use.

Why do visiting officers visit the homes of persons who have already advised TV Licensing that they do not use television receiving equipment?

TV Licensing visit a sample of homes to confirm there is in fact no television being used as, when we make contact on these visits, one in ten people visited are found to require a TV Licence. Please see the No Licence Needed Policy (PDF 196 kb opens in a new window) for more information.

In what circumstances can TV Licensing access my property without my permission?

TV Licensing can only enter your home without your permission if authorised to do so under a search warrant granted by a magistrate (or sheriff in Scotland). A magistrate (or sheriff in Scotland) has discretion to grant a search warrant for authorised persons to search premises suspected of illegal activity in respect of TV licensing. It is an offence to intentionally obstruct a person exercising the warrant (see section 366(8) of the Communications Act 2003). TV Licensing will be accompanied by the police when executing a search warrant.

Are visiting officers required to abide by the Police and Criminal Evidence Act Codes of Practice (‘the PACE Codes of Practice’)?

When conducting an interview, visiting officers shall have regard to the Police and Criminal Evidence Act 1984 or Scottish criminal law. Before interviewing individuals, visiting officers caution them on their legal rights. Visiting officers then record the questions asked and answers given in a written record of interview and ask for a signature to confirm the record of interview is accurate. No caution is issued in the Channel Islands.

What rules govern records of interview made by visiting officers?

Visiting officers may interview an individual they suspect to have committed an offence under the Communications Act 2003 but only after they have cautioned that person i.e. informed them of their legal rights, including that they have the right not to answer any of the questions. This is in accordance with the Police and Criminal Evidence Act 1984 or the Scottish criminal law. An officer is obliged to make a written record of that interview and an individual has the right to refuse to sign the record or to ask for corrections to be made if they believe that it is not an accurate record of the interview.

Do visiting officers have the same powers as police?

No. Visiting officers are not the police and do not have police powers.

Visiting officers have regard to the PACE Codes of Practice or Scottish criminal law (depending on where the address is) when questioning people.

Does TV Licensing check visiting officers with the Disclosure and Barring Service (formerly the Criminal Records Bureau) before they start work as visiting officers?

All visiting officers are employed subject to the production of a standard Disclosure and Barring Service (DBS) disclosure certificate when they start and thereafter every 3 years.

TV Licensing evaluates any convictions disclosed against the role applied for before progressing with the application. Each application is considered on a case by case basis. Disclosure of certain convictions would mean that a person would not be employed as a visiting officer within TV Licensing.

How do you monitor the conduct of visiting officers?

Visiting officers must abide by rules of conduct that require them to act professionally and politely at all times. TV Licensing uses various measures to ensure that officers are fulfilling their duties appropriately; this includes assessing the feedback received from people visited. If a complaint is made about a visiting officer’s conduct, TV Licensing will investigate the complaint and, depending on the outcome of the investigations, take appropriate action.

What are your rules of conduct for visiting officers?

When our visiting officers visit a property they will:

Prove their identity by showing an identity card. If requested, they’ll also provide a phone number so the person being visited can confirm the information on the card.

Explain why they are visiting and be polite, courteous and fair.

Enter the property only when given permission. If they’re not given permission, they will end the visit and may use detection equipment. They may apply to court for a search warrant if there is reason to suspect that someone at the address is:

• watching TV on any channel, like BBC, ITV, Channel 4, Dave and international channels
• watching TV on pay TV services, like Sky, Virgin Media and BT
• watching live TV on streaming services, like YouTube and Amazon Prime Video.
• using BBC iPlayer* without being covered by a TV Licence

This includes recording and downloading. On any device.

Follow applicable laws, regulations, policies and codes of practice.

Avoid threatening or intimidating behaviour.

Respect people’s rights to privacy and confidentiality.

Stop the visit if asked to leave.

When necessary, conduct a record of interview and ask for a signature to confirm that the notes taken are an accurate account of that interview.

Make sure the person being interviewed knows what consequences may arise as a result of watching TV channels on any TV service, watching live TV on streaming services, or using BBC iPlayer* on any device, without being covered by a TV Licence.

*A licence is not needed to watch S4C programmes on demand.

How do I know if someone is a genuine visiting officer?

All visiting officers carry an identification card with the TV Licensing logo that shows their name, photo, job role, unique identification number and card expiry date. A phone number will be provided by the visiting officer on request so that their identity can be verified by TV Licensing.

Do visiting officers receive equality training as required by equality legislation?

Yes. All visiting officers engaged by Capita must undertake equality training within the first 12 months of their work.

How many complaints have you received about visiting officers making visits?

In 2022/23 we received 238 complaints about visits by visiting officers. To place this in context, we made 1,075,240 visits over the same year.

How many visits by visiting officers have resulted in no further action?

There are no visits that would result in ‘no further action’. Outcomes include the following:

• Confirmation there is no television receiver at the premises.
• Remaining on the list of premises for a return visit.
• Setting the premises for detection or a search warrant.
• Prosecution.
• A free licence is issued or a licence is purchased or transferred.

How many visiting officers do you have working at X location?

This information is exempt from disclosure under section 31 of the FOI Act.

Detection

Why do you use detection?

As the responsible public authority for TV Licensing the BBC must ensure that collection and enforcement initiatives are effective and efficient, and use of detector vans is an integral part of this process. The BBC has a duty to ensure that those who fail in their obligations to become properly licensed are caught. Detection is only used when other, more cost-effective enforcement methods have been exhausted.

Do detector vans exist?

Yes. Use of detector vans is governed by the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001. This legislation sets out how investigatory powers are to be used, in compliance with human rights, by the BBC. The legislation is available online at www.legislation.gov.uk (opens in a new window).

What law authorises the BBC to use detection equipment?

The BBC may, in certain circumstances, authorise under the Regulation of Investigatory Powers Act 2000 (“RIPA”) and Regulation of Investigatory Powers (British Broadcasting Corporation) Order 2001 (“the RIPA Order”) the lawful use of surveillance equipment to detect unlicensed use of television receivers.

What process does the BBC follow when it authorises the use of detection equipment?

Detection equipment forms part of TV Licensing’s anti-evasion strategy. The BBC’s power to grant authorisations is found in section 27A of RIPA and the RIPA Order. Persons who can authorise the use of detection equipment for the purposes of section 27A are the Head of Sales or Head of Marketing within the BBC TV Licence Management Team, and any person holding a position within the Team which is more senior to these positions. In practice the Head of Revenue Management, the Head of Marketing and Head of Communications and Policy undertake this function.

The RIPA Order prescribes matters the authorising officer must consider in assessing an application. The authorising officer must be satisfied that it is necessary, and proportionate in the circumstances of the particular case, for preventing or detecting certain offences under part 4 of the Communications Act 2003.

How many applications for authorisation to use detection equipment have been made, and for what type of equipment?
How many applications were granted or refused? For those authorisations granted by the BBC, what was the outcome?

The information requested here is exempt from disclosure under section 31 of the FOI Act.

How is the BBC’s use of its powers under the Regulation of Investigatory Powers Act 2000 (“RIPA”) scrutinised?

In respect of its powers under RIPA, the BBC is subject to the independent oversight of the Investigatory Powers Commissioner’s Office (“IPCO”). The BBC also conducts a bi-annual internal audit of records relating to the use of RIPA. Furthermore, TV Licensing has a comprehensive assurance plan in place to ensure the continuous maintenance of standards around the application of its policy and processes in respect of the use of RIPA.

How many people have been convicted of not having a valid TV Licence based on evidence obtained from using detection equipment?

TV Licensing has not, to date, used detection evidence in Court. The reason for this is that under TV Licensing’s current prosecution process, the presentation of detection evidence in court is unnecessary. This is because TV Licensing uses detection evidence when applying for search warrants. If, following service of the warrant an individual is found to be evading payment of the TV Licence, then the evidence obtained via the search warrant is used in court, not the detection evidence. However, TV Licensing reserves the right to use detection evidence in Court in the future.

How many detector vans and other detection devices does the BBC have?
How often are the detector vans and other detection devices deployed?
What are the technical specifications of the detector vans and detection devices?
What information does the BBC have relating to the use and effectiveness of detector vans and detection devices?
How many times, and on what dates, have TV detector vans monitored X location, in the last X years?

The information requested here is exempt from disclosure under section 31 of the FOI Act. Some of the information exempt under section 31 was also exempt from disclosure under section 42 of the FOI Act, as it was legal advice covered by legal professional privilege. Our decision to exempt information under section 31 has been upheld by the Information Commissioner. The ICO decisions are available here:

Decision Notice FS50154106, 16 October 2008 (opens in a new window)
Decision Notice FS50137475, 19 May 2008 (opens in a new window)

How much does it cost to use detection equipment, including staff costs?

The TV Licensing Costs of Collection chart in the Financial Information section provides a breakdown of TV Licensing’s top-line costs and itemises collection costs (including call centres, field force, detection and over the counter services).

Detailed information on the cost of using detection equipment is exempt from disclosure under section 31 of the FOI Act.

How does detection equipment work?

TV Licensing has a range of detection equipment at its disposal as part of its anti-evasion strategy.

Detection equipment is only used at addresses that don’t have a TV Licence.

More specific information on how detection equipment works, including its effectiveness and technical specifications' is exempt from disclosure under section 31 of the FOI Act. Our decision to exempt information under section 31 has been upheld by the Information Commissioner. The ICO decisions are available here:

Decision Notice FS50154106, 16 October 2008 (opens in a new window)

Decision Notice FS50137475, 19 May 2008 (opens in a new window)

Decision Notice FS50476136, 25 March 2013 (opens in a new window)

How effective is detection at identifying evaders compared to other detection methods?

We don’t have information comparing detector vans to other anti-evasion methods because there is no need to make this comparison.

By way of background, detector vans are part of a suite of tools, summarised below, used by TV Licensing to detect evasion.

Key to the TV Licensing operation is the TV Licensing database. This lists all the addresses in the UK which hold a valid TV Licence as well as those addresses which don’t.

For those addresses where we have no record of a TV Licence and no recent information about whether a Licence is needed, a letter is sent to the occupier enquiring about their situation. Many recipients may not realise they are unlicensed or may hold a Licence for a previous address, while others may not use television or may be deliberately avoiding payment. Where an address is unoccupied, a temporary guard from enquiries is applied until the address becomes occupied. Those who do not obtain a Licence or do not reply to our enquiries will continue to receive enquiry letters. If no response is received, the address will be listed for a visit from a visiting officer.

If visiting proves unsuccessful, detection equipment may be deployed at the address.

In exceptional cases TV Licensing may consider applying to a magistrate (or sheriff in Scotland) for a search warrant to search the premises. This only happens when there is good reason to believe that unlicensed use of television is occurring and other enquiries are obstructed.

What training do you provide staff who use detection equipment?

All staff authorised to operate detection equipment are required to attend and successfully complete training that covers the operational and legal aspects of using this equipment. They must pass a practical assessment before they are allowed to operate detection equipment unsupervised. Refresher training is provided every 18 months. Further training is provided on an ad-hoc basis when a need is identified or procedures/equipment changes. This training is provided in-house by Capita.

How often is the equipment tested, by whom and at what cost?

Detection equipment is tested daily, prior to use. Van-based detection equipment is sent to the manufacturer for testing every 12 months. We don’t hold information on the specific costs of testing. These costs are subsumed within the broader payment by the BBC to the companies contracted to administer and enforce the TV licensing system.

What patents do you hold on technology used in detector vans?

The BBC does not patent or register designs for such equipment as registering a patent for such a device would mean the details (i.e. how it works) would be made public and this would prejudice TV Licensing’s enforcement activities.

Is it safe to use detection equipment in public? What health and safety assessments have you done on these devices?

From a technical point of view the detection equipment used by TV Licensing is similar to other surveillance equipment. The public are not subjected to any increased risk from the presence of such devices. Therefore no information is held by the BBC on such health and safety assessments.

Search warrants

In what circumstances does TV Licensing apply for a search warrant to search premises suspected of using television receiving equipment without a valid TV Licence?

An application to a magistrate (or sheriff in Scotland) for a search warrant 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.

Search warrants are only applied for in cases where the evidence means that it is likely that a television is in use. TV Licensing is open regarding its policy that it will only apply for a search warrant as a last resort. Search warrant applications are considered scrupulously before they are submitted. As a matter of law, a search warrant cannot be granted unless there are reasonable grounds for the application.

What happens when TV Licensing executes a search warrant?

We exercise search warrants in the presence of police officers. Our policy is that visiting officers will not force entry to an address if the occupier is not at the property. Rather, we would return at another time. We note however that accompanying police officers may themselves force entry if they deem it necessary.

How many search warrant applications have been made by TV Licensing, to which courts, and how many were granted?

This information is exempt from disclosure under section 31 of the FOI Act.

Our decision to exempt information under section 31 in relation to the number of search warrants that have been granted has been upheld by the Information Commissioner. The ICO decision is available here:

Decision Notice FS50476136, 25 March 2013 (opens in a new window)

What is TV Licensing’s policy on search warrants?

Our policy regarding search warrants is to:

• ensure sufficient evidence of an offence to justify an application for a search warrant being made (as a last resort in cases where other options have been exhausted)
• apply for a search warrant where sufficient evidence is obtained
• ensure that search warrants are executed with respect for people and property and in accordance with the directions of the court.

The BBC contracts Capita to carry out television licensing enforcement activities, including applying for and executing search warrants. A search warrant may only be issued at the discretion of a magistrate (or sheriff in Scotland) in accordance with strict legal requirements.

What law authorises TV Licensing to apply for search warrants?

Applications for and the exercise of search warrants are authorised under section 366 of the Communications Act 2003.

The Communications Act 2003 (opens in a new window) imposes a duty on the BBC to issue TV Licences and collect the licence fee. The BBC must ensure that it fulfils its responsibility to the vast majority of households who pay their licence fee, by enforcing the law in respect of those who intentionally evade paying it.

TV Licensing can only enter your home without your permission if authorised to do so under a search warrant granted by a magistrate (or sheriff in Scotland).

TV Licensing may also apply to a magistrate (or sheriff in Scotland) for a search warrant. However, this is only done as a last resort and when a senior manager and a legal adviser considers that there is good reason to believe that an offence has been committed.

A magistrate (or sheriff in Scotland) has discretion to grant a search warrant for authorised persons to search premises suspected of illegal activity in respect of television licensing. It is an offence to intentionally obstruct a person exercising the warrant (see section 366(8) of the Communications Act 2003). TV Licensing will be accompanied by the police when executing a search warrant.

Prosecutions

Do you prosecute people for not having a valid TV Licence?

Yes. TV Licensing will prosecute if it is in the public interest and there is sufficient evidence to do so. Anyone who watches or records television programmes as they're being shown on TV without a valid TV Licence runs the risk of prosecution.

What is a record of interview?

A record of interview is a written record taken by TV Licensing visiting officers when they interview, under caution, a person they suspect has committed an offence under the Communications Act 2003. A record of interview is offered to be signed by the individual they have questioned to confirm that the record is an accurate account of the interview.

When conducting an interview visiting officers must have regard to the Police and Criminal Evidence Act Codes of Practice (‘the PACE Codes’) or Scottish criminal law (depending on where the address is). This means visiting officers have a duty to caution the individual concerned of their legal rights before interviewing them.

How many licence fee evaders are prosecuted and convicted of not having a valid TV Licence?

The BBC does not hold official statistics on the precise numbers of people actually prosecuted for evasion of the Television Licence Fee. For England and Wales, these figures are retained by both the Ministry of Justice (“MOJ”) and individual magistrates’ courts and can be requested using the following address - Data Access and Compliance Unit, Postal Point 6.25, Floor 6, 102 Petty France, London, SW1H 9AJ.

However some MOJ statistics have been published online:

2010 to 2022
www.gov.uk/government/statistics/criminal-justice-system-statistics-quarterly-december-2022 (Select “Outcomes by Offence data tool” and from the “offence” drop down box select ‘191A Television licence evasion’)

For Northern Ireland, figures are retained by Northern Ireland’s Department of Justice (DOJ) and can be requested from the Freedom of Information Team, Information Services Division, Block 2, Knockview Buildings, Ballymiscaw, Stormont, Belfast BT4 3SL.

For Scotland, figures are available from the Crown Office & Procurator Fiscal Office (COPFS) and can be requested from the following address: Response and Information Unit, Crown Office, 25 Chambers Street, Edinburgh, EH1 1LA.

How much are they are fined? How many people actually pay their fines?

A fine is a matter solely for the court to impose and collect, not TV Licensing. The MOJ, DOJ and COPFS and each court in which the proceedings take place hold the official statistics on the number of convictions, and fines imposed and collected. Please contact them about this information. Information on the locations of the magistrates’ court in which proceedings take place is also available from the Ministry of Justice.

How many people are imprisoned for licence fee evasion?

A person cannot be sentenced to imprisonment if convicted of an offence under section 363 of the Communications Act 2003. The maximum penalty for not having a valid TV Licence is a £1,000 fine (or £2,000 in Guernsey). The court may also order the convicted person to pay a victim surcharge of 10% of the fine or £30, whichever is greater, and pay for TV Licensing’s costs in the proceedings. However, a person may be imprisoned by the court for failing to pay the court fine.

Would you prosecute a person at an address that uses TV receiving equipment without a valid TV Licence, if that person doesn’t live there?

TV Licensing’s activities are carried out in accordance with specific policies and guidelines, which set out the criteria for prosecuting evaders. One of these criteria is that a person who is charged with a TV licensing offence must be an adult who resides at the address, or is the landlord or person responsible for licensing a television receiver at the premises. For example, a genuine visitor or babysitter at the premises will not be prosecuted.

What happens to the money collected from fines paid by persons convicted of licence fee evasion?

The court may impose a fine of up to £1,000 (or £2,000 in Guernsey) on a person convicted of an offence under section 363 of the Communications Act 2003. Fines are a matter for the court alone to impose and collect and dispose of, not the BBC or TV Licensing.

How much do you spend on prosecuting people alleged to not have a valid TV Licence?

Enforcement activity is carried out by Capita using the BBC trade mark “TV Licensing” on the BBC’s behalf. A chart showing TV Licensing’s costs of collection is available in the Financial Information section.