TV Licensing guidance spells out the full rules for UK households
Households across the UK may think TV Licensing officers can’t enter their home without permission – and in most cases that’s true. But there is one circumstance where they can.
TV Licensing states its officers “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) 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.”
Do I need to let them in if they don’t have a warrant?
No. TV Licensing guidance explains: “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.”
The guidance says that if you refuse entry, visiting officers can ask for permission to use detection equipment. TV Licensing can also apply to a magistrate (or a sheriff) for a search warrant. But this is only as a last resort, and when a senior manager and legal adviser believe there’s a good reason to suspect an offence.
What happens when a visiting officer visits a home?
Visiting officers must explain their visit and follow strict conduct rules, officials say. They can’t enter your home without a search warrant, and if you refuse entry, they can speak to you at the door.
TV Licensing guidance notes: “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.”
What are the rules of conduct for visiting officers?
When visiting officers attend a property, TV Licensing say 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.
- Respect people’s rights to privacy and confidentiality.
- Follow applicable laws, regulations, policies and codes of practice.
- Stop the visit if asked to leave.
- Avoid threatening or intimidating behaviour
- When necessary, conduct a record of the 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 that watching TV channels on any TV service, watching live TV on streaming services, or using BBC iPlayer on any device without a TV Licence may result in consequences.
They may apply to the court for a search warrant if there is reason to suspect that someone at the address is recording and downloading on any device including:
- watching TV on any channel, like BBC, ITV, Channel 4, U&Dave and international channels
- watching TV on pay TV services, like Sky, Virgin Media and EE TV
- watching live TV on streaming services, like YouTube, Netflix, and Amazon Prime Video
- using BBC iPlayer 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?
TV Licensing guidance states: “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.”
