And on entering your property
What law authorises enquiry officers to request access to my home? Can I refuse to let them in?
The
Communications Act 2003 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.
Enquiry 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. Enquiry officers must explain to the occupier of the premises why they are visiting, be polite, courteous and fair, and abide by a strict code of conduct.
You have no obligation to grant entry to an enquiry officer if you don’t wish to do so. If refused entry by the occupier, the enquiry officer will leave the property. If enquiry officers are refused access or an occupant withdraws the right to visit, then TV Licensing reserve the right to use other methods of detection.
Enquiry 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.
