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TV Licence {MEGAMERGE}

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  • 23-04-2008 9:36pm
    #1
    bobbydoo
    Closed Accounts Posts: 6 ✭


    Let's say I don't own a TV or any other equipment capable of receiving a signal. A TV Licence inspector calls to my door and asks me if he can inspect my house. I tell him no, since I don't own a TV, I don't need to let him inspect anything.

    What are my legal rights with regard to TV Licence inspectors searching my house? And could they send me some sort of court summons or legal threat despite the fact that I don't own a TV and don't want anything to do with the shi-ite RTE claims is entertainment?

    (And in a related question, how much of our TV licence money should go towards paying for Pat Kenny's Gorse Hill purchase?)
    Tagged:


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    #2
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    They cannot enter and search unless you invite them inside. Now, they might go and get a search warrant, but i doubt they have probable cause.


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    #3
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    You may not have a TV but if you have say a TV card in your PC with which you watch TV, you need a license.


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    #4
    Explosive_Cornflake
    Registered Users Posts: 2,114 ✭✭✭Explosive_Cornflake


    Maximilian wrote: »
    You may not have a TV but if you have say a TV card in your PC with which you watch TV, you need a license.
    bobbydoo wrote: »
    Let's say I don't own a TV or any other equipment capable of receiving a signal.

    I don't like to be this person, but he did mention it.


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    #5
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    I assume you dont have any form of arial, even if its disconnected? As, I always thought the Inspectors just picked up the TV signal or spotted the receiver and called in.


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    #6
    Electric
    Registered Users Posts: 538 ✭✭✭Electric


    I think the TV licence inspectors just assume that everyone has a TV.

    This girl I work with doesn't have one and when the inspector came to the door he was like yeah right cos I've never heard that excuse before. So she showed him around to prove there was no TV and the inspector said everything was in order. But she still gets reminder letters and every time the inspector comes around she has to go through the whole rigmarole again!


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    #7
    Zapho
    Registered Users Posts: 1,268 ✭✭✭Zapho


    Electric wrote: »
    I think the TV licence inspectors just assume that everyone has a TV.

    I was under the same impression. They don't use any fancy equipment to check to see if you're receiving a signal. Its a pretty safe bet to assume that everyone has a TV. But the justification is getting more difficult these days with more and more people buying PC monitors (without a tuner) instead of TVs and using the net to watch TV.


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    #8
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Explosive_Cornflake wrote: »
    I don't like to be this person, but he did mention it.

    Oops my bad.


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    #9
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Electric wrote: »
    I think the TV licence inspectors just assume that everyone has a TV.

    Yes, but would such of an assumption satisfy a District Court judge when it came to applying for a search warrant?
    I don't think "Sure he must have a tv since everyone else has one." would convince a judge. I would think a judge would ask for more evidence such as is the person a subscriber to cable tv etc? Is there a aerial on the roof? Could you hear a tv in the background?

    At least I would hope a judge would enquire more before issuing a warrant.


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    #10
    Fighting Irish
    Registered Users Posts: 7,065 ✭✭✭Fighting Irish


    [snipped]


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    #11
    Turner
    Moderators, Society & Culture Moderators Posts: 3,932 Mod ✭✭✭✭Turner


    What happens if you dont open your door ?

    And if you do open your door i presume they would demand your name. Is there legislation making it an offence if you dont give your name?


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    #12
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Is there legislation making it an offence if you dont give your name?
    No. If they have Gardaí with them you would have to give your name to the Garda.

    I assume you can get a search warrant for a particular property without a name?


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    #13
    haz
    Closed Accounts Posts: 313 ✭✭haz


    Electric wrote: »
    I think the TV licence inspectors just assume that everyone has a TV.

    It's a long time since I bought a TV, but don't retailers have an obligation to collect the name and address and forward it to An Post for their TV licensing database?

    On a tangent, the Irish government still hasn't decided if a 3G phone is or is not "a device capable of receiving public broadcasts", and plenty of people watch sports highlights etc on them. They probably haven't got around to thinking about YouTube, but that isn't broadcast per se.


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    #14
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    haz wrote: »
    It's a long time since I bought a TV, but don't retailers have an obligation to collect the name and address and forward it to An Post for their TV licensing database?
    Nope, not in the republic. They do in the UK though.


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    #15
    Del2005
    Registered Users Posts: 18,944 ✭✭✭✭Del2005


    Chief--- wrote: »
    What happens if you dont open your door ?

    And if you do open your door i presume they would demand your name. Is there legislation making it an offence if you dont give your name?

    They can't do anything till you open the door.

    On the name front they ask for a name but don't do anything to validate it. There was a thread here where someone got a conviction for no TV licence cause the people in the place she used to live gave her name to the inspector.


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    #16
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    They have also prosecuted on the strength of a name found on a letter in a bin.
    The inspectors do stoop low to get results by rifling in peoples garbage.


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    #17
    bobbydoo
    Closed Accounts Posts: 6 ✭bobbydoo


    But isn't this a larger issue of the government trampling all over our right to privacy? I mean how can they justify harassing people who don't want to buy a TV or watch crappy TV shows?

    Imagine the government decided to assume that every person in Ireland owned a car and sent inspectors to snoop around the houses of people who haven't paid for car tax. Imagine they started sending you threatening legal letters and brought you to court simply because they don't believe you haven't bought a car.

    I'm just irritated that some joker can knock on the door of my house and demand that I let him in to "inspect" my home. It's really outrageous when you think about it. What happened to our rights?


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    #18
    cushtac
    Closed Accounts Posts: 1,253 ✭✭✭cushtac


    bobbydoo wrote: »
    I'm just irritated that some joker can knock on the door of my house and demand that I let him in to "inspect" my home. It's really outrageous when you think about it. What happened to our rights?

    Nothing's happened to your rights, he can't enter your house uninvited without a warrant.


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    #19
    mountainyman
    Closed Accounts Posts: 2,268 ✭✭✭mountainyman


    Electric wrote: »
    I think the TV licence inspectors just assume that everyone has a TV.

    This girl I work with doesn't have one and when the inspector came to the door he was like yeah right cos I've never heard that excuse before. So she showed him around to prove there was no TV and the inspector said everything was in order. But she still gets reminder letters and every time the inspector comes around she has to go through the whole rigmarole again!

    The inspector wouldn't come in when I told him 'no TV' another lad came over and now I am on alist and do not get the letters.

    Everyone has a TV until proven otherwise. That's the attitude.


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    #20
    Del2005
    Registered Users Posts: 18,944 ✭✭✭✭Del2005


    Bond-007 wrote: »
    They have also prosecuted on the strength of a name found on a letter in a bin.
    The inspectors do stoop low to get results by rifling in peoples garbage.

    That's another reason why you should always shred/burn your post.

    And there was me thinking it was to prevent identity theft:D


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    #21
    Tomk1
    Registered Users Posts: 776 ✭✭✭Tomk1


    A bit off subject but they should just go digital and scramble bog1&2

    Would you stll need a licence for I(TV3).

    If you watch Irish TV then I think ok pay Pat the planks wage, RTE propramme does not intrest me, it makes me cringe, so why should i be forced to pay for someone else's tv viewing. If they did progrmming on say the history of Ireland (like the programmes the BBC has done) then mybe I would say ok.


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    #22
    Victor
    Registered Users Posts: 78,333 ✭✭✭✭Victor


    Because its a public service. Governments collect taxes for public services, even if you don't avail of that particular service.


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    #23
    haz
    Closed Accounts Posts: 313 ✭✭haz


    Maximilian wrote: »
    You may not have a TV but if you have say a TV card in your PC with which you watch TV, you need a license.

    In the Irish Times today http://www.ireland.com/newspaper/ireland/2008/0502/1209632814744.html it says that "viewers who watch digital television on their computers or mobile phones will be exempt from paying licence fees" announcing measures by Minister Ryan to encourage digital broadcast takeup.

    It is not clear in the report if these measures distinguish between a TV reception card attached to an aerial and streamed TV via broadband, nor how the measures could be capable of distinguishing between analogue and digital public broadcasts.

    Either way, this is blowing a big hole in the existing principle that a license is universally required for possession of equipment capable of reception. Along with the preferential treatment of (primarily UK-controlled) cable / satellite sports coverage, it looks like another nail in the coffin for Irish broadcasting.


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    #24
    roast
    Registered Users Posts: 2,320 ✭✭✭roast


    Hey all,

    Bit of an odd one.
    Neighbour has a TV which is used with a couple of game consoles through the Scart connection. The TV tuner port was snapped a while back, and it was damaged. The entire TV tuner part was removed from it, as there was a few loose wires.

    My question is, is he still liable to pay for a TV licence, if the device isn't actually capable of receiving and decoding a terrestrial TV signal?

    My understanding of the TV licence is that if the device has a Tuner/decoder circuit built into it, it must be licenced. As his TV doesn't, he says he doesn't need a licence.

    He assures me he's not liable to pay. I'm skeptical about it, but it does make sense. Can anyone clarify on this?

    Cheers!
    Mick.


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    #25
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    As it stands the TV cannot receive a signal so he is in the clear.

    If he has a video/sat/cable receiver with a tuner he will become liable.


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    #26
    murrayp4
    Registered Users Posts: 969 ✭✭✭murrayp4


    afaik if the TV is repairable the it falls under the legislation


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    #27
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Nope, once the tuner is disabled it does not need a licence.


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    #28
    Scealta_saol
    Registered Users Posts: 191 ✭✭Scealta_saol


    Make sure he doesn't have a radio. TV licence covers the radio waves for signals so having a radio to receive the signals means he has to have a TV licence.


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    #29
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Not true. Radio licences were abolished back in the 70's.


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    #30
    roast
    Registered Users Posts: 2,320 ✭✭✭roast


    Our man in Havana wrote: »
    As it stands the TV cannot receive a signal so he is in the clear.

    If he has a video/sat/cable receiver with a tuner he will become liable.

    Thanks for that, I thought as much.

    On a side note, isn't the TV licence legislation to cover just terrestrial TV? Such as RTE1, 2 etc.
    In the case of cable or satellite, isn't the licencing fee paid to the operator, who in turn forward the funds to each Channel company?
    Or, do you mean that if the sat/cable box has a terrestrial tuner other than the actual cable/sat input, that he would be liable to the fee?


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    #31
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    If he can receive any TV, cable and satellite is included in this he becomes liable.


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