In a previous video linked below, I talked about the circumstances where you're required
by law to purchase a TV license in this video.
I'm going to talk about what happens if you don't have a TV license and you are being
chased to buy one.
But first of all, if you're new to me, I'm a barrister who helps you understand law.
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I do many posts that you might find of interest, and if you leave comments and questions below,
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I answer your questions left in the comments.
So I'm going to assume that you've watched my previous video, or if you haven't that
you'll go to watch it afterwards and I will link it at the end of this video.
So make sure you watch till the end and we'll take the scenario where you do not have a
TV license, but maybe you do have a TV.
But you've watched my video.
You've looked at all the rules and you've concluded that you don't need a TV.
But you get letter after letter from TB licensing, insisting that you might need one and that
you might need to buy one, I will say at the outset that this video is in no way intended
to encourage anybody who does require a TV license to avoid paying it for anyone.
Whatsoever as usual with my videos, there is a short version and a long version.
The short version is you can simply ignore these letters and tell any visiting agents
to leave your property.
The caveat there being quite an important one, because there are potential criminal
consequences is that if there is a warrant issued by a magistrate or a sheriff in Scotland
to search the premises, because there's a reasonable suspicion that an offense has been
committed.
You're watching TV without a license, then it may amount to an offense to obstruct the
law for execution of said warrant.
And there's an addendum to that caveat.
This would also apply if there was a fine levied by a magistrate for failure to pay
a TV license and a magistrate has issued a fine, however, in the absence of a warrant,
there is no lawful authority for TV licensing agents to enter your property without permission.
And this includes if there is a locked gate at the front.
If the gate is locked than the employed writer access stops at that point, because it is
a locked gate and it is this implied right of access that makes this whole situation
quite interesting.
You see anybody who has a genuine business with the occupier of a person?
Has an implied right of access to walk up to that property, knock the door or ring the
bell, but such as is the case with most implied rights, this implied right.
Can be revoked.
It can be revoked in a number of ways.
You can simply tell somebody to get off your property.
You could be very specific and tell them that you have revoked their implied right of access
to your property, or it could be executed by way of a sign on the front of your property
or outside on the.
Or even as a standalone site, the revocation of the implied right.
Of access to a property is a principle which has been upheld in court in a very interesting
case involving drink driving, which is going to be my next video.
So make sure you subscribe and hit the notification bell to receive that video.
In essence, when somebody visits your property on an implied right of access and you ask
them to leave.
They become a trespasser.
If they refuse to leave your property as such anything they do thereafter may itself become
unlawful and potentially inadmissible worse.
Still if aggressive words are used to encourage the occupy to let them in, when they've been
asked to.
This may amount to assault through fear of harm, because this does not require physical
battery.
There is also in my view, a strong argument that if the officer is wondering about the
property, say to look through windows, which is not the front door, then this is not covered
by the implied right of access because the implied right.
Is only to visit the property, to speak to the occupier about bonafide genuine business,
dealing with some practicalities, which I've talked about in a few videos.
Evidence is everything.
If you wanted to bring a complaint or a claim, or simply rebut any accusations against you.
The more documentary evidence.
You have the better.
For example, if you have CCTV on your home, such as a Google mast or a ring device, which
will catch it and record video evidence of everything that is done and said, while someone
is visiting your property, this is the best kind of evidence because it will record and
capture the evidence as it unfolds, failing that.
Of course you can use your mobile phone or any other company.
To record everything done and said both by yourself as the occupier and by any visiting
agent, you will not need permission or consent of the visiting agent to record the entire
room.
However, if you are being recorded by a visiting agent, particularly if you've asked him or
her to leave, then there are potentially arguments with respect to a breach of your right to
privacy in your own home, because you've asked them to leave and revoked the implied right
of access.
If you don't have access to any kind of camera to record the.
Then perhaps you can simply write things down, write down every single word that is said
both by yourself and by the visiting agent.
Each of these can then become evidence in any kind of complaint or claim thereafter
matters will be made worse.
If you attempt to close the door and the agent prevents you from doing so with force, you're
perfectly entitled to close the door and not talk to them.
At all, as I said, unless there is a search warrant in place, which they must show to
you along with their identification, the agent should not attempt to force their way into
your property.
And if they do again without a search warrant, you are entitled to use equal and or reasonable
force to prevent them from doing so, and even removing them from your premise.
So long as you've made it clear that their implied right of access has been revoked,
they become a trespasser and you can use reasonable force to remove a trespasser from your property.
However, in scenarios like that, this, I would recommend that you call the police and you
tell them that you have made it clear that they are to leave your property and refusing
to do so.
In terms of what to say to a visiting agent, I cannot really recommend any particular wording,
because if you say something that misconstrues.
Or wrongly leads the agent to believe that you do need a TV license, even if in fact
you don't, then that would become part of a record perhaps to obtain a search warrant
or perhaps even to prosecute you, which would be particularly bad in the event that you
actually don't need a TV license, but something that you've seen.
Give us reason to believe that you do.
And there is of course, no obligation on you to answer any questions.
Even if you are cautioned, you do have the right to say absolutely nothing.
Asked the agent to leave and close the door.
But as I often recommend a civil approach can work.
Many people have completed the form online to declare that they do not need a TV.
Fill out the few short questions, which will tell you whether or not you do need a TV license.
And many of those people have never heard from TV licensing ever since.
And as with any scenario, I would obviously recommend that you do not get angry.
You do not raise your voice.
You do not swear or shout at any visiting agent.
You keep everything nice and polite and civil.
Ask them to leave.
If you don't want them there again, presuming they don't have a warrant or.
And just close the door.
The same can be said for letters that come through the posts, there is no obligation
on you to respond or even acknowledge these letters.
But as I say, it may well be worth filling in the form online to declare that you do
not need a TV license, because after all, whilst it remains a criminal.
Yeah.
The burden is always on the prosecution to prove the case against you.
And another thing I would say is don't simply pay the TV license out of fear that you will
be prosecuted for not having one.
When you need one, of course, you must check properly and thoroughly, and you cannot rely
on this video as legal advice.
Check thoroughly that you do not need a TV license.
And if you really do not need a TV license, then don't pay it simply because you're in
fear of prosecution.
And as I said, the revocation of the implied right of access to your property is a very
interesting topic, which I'm going to follow up in another video in respect of drink driving.
So make sure you subscribe and join me to that one in the meantime.
Thanks for watching.
And remember, stay humble and subs.