Licence fee enforcement
TV Detector vans have in the past featured heavily in TV Licensing advertising and literature, implying that secret technology capable of detecting signals from operating TV sets is employed[21]. 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[22]. Furthermore, the use of detection equipment is restricted by the Regulation of Investigatory Powers Act of 2000[23].
The main method of detecting evaders is through the use of a database system known as LASSY, which contains 28 million[23] addresses in the UK. Letters and agents from Capita, referred to as "enforcement officers" or "enquiry officers", are routinely sent to every address in the database that is recorded as not having a TV licence.
The initial contact with occupants of addresses for which a current licence has not been issued is by letter. The only methods by which an occupant can reply is in writing or by telephone. If a business or household does not require a TV licence, TV Licensing will request written confirmation of this, even though the information is not required in law.[24]
If no licence is purchased then "enforcement officers" will make unannounced visits to the address on a somewhat periodic basis. Approximately three million such visits were made during the year 2005-6[23]. TV Licensing's agents have no special rights and, like any other member of the public, rely on an implied right of access to reach the front door. The occupants of a visited property may deny an agent entry to the premises without cause and are under no obligation to answer any questions or enter into any conversation. If an agent has reason to believe that a television receiver is being used to receive broadcasts without a licence but is denied entry by the occupants so that (s)he cannot verify this suspicion without trespassing, then (s)he may apply to a magistrate for a search warrant, and in order to obtain one (s)he must have "reasonable grounds" as per UK law.
The law allows a fine of up to £1,000 be imposed on those successfully prosecuted. This figure is frequently quoted in TV Licensing advertising campaigns to maximise deterrence. In reality, magistrates rarely impose the maximum fines allowed to them by law. In 2001, the average fine including costs was £140.83 (slightly more than the cost of a licence).[22] However, in addition to the fine the guilty party will be obliged to purchase a licence at the usual cost.
Capita's approach of paying TV Licensing officers commission for catching evaders has caused scandal in recent years. In 2005, a TV licensing officer was found guilty of forging after he deliberately falsified the confessions of four people to obtain commission payments.[25]
TV Licensing claim that during the year 2005-6, they "reduced estimated evasion to a record low of 4.7%".[23]
- there were also the mitigating factors that:
).
