M Wilkinson
[FOI #24275 email]
15th December 2009
Dear Mr Wilkinson,
Request for Information – RFI20091673
Thank you for your request dated 1st December 2009 seeking information about TV Licensing. Your
request is being dealt with under the Freedom of Information Act 2000 (“the Act”).
"TV Licensing" is a trade mark of the BBC and is used under licence by companies contracted by the BBC
to administer the collection of television licence fees and enforcement of the television licensing system.
The majority of administration is contracted to Capita Business Services Ltd, with cash related payment
schemes contracted to Revenues Management Services Ltd. Over-the-counter services are provided by
PayPoint plc. Marketing and public relations activities are contracted to the AMV Consortium. This
consortium is made up of the following four companies: Abbott Mead Vickers BBDO Ltd, Fishburn Hedges
Boys Williams Ltd, PHD Media Ltd and Proximity London Ltd. The BBC is a public authority in respect of
its television licensing functions and retains overall responsibility.
You have requested copies of the following information:
“Please provide me with the number of Warrants issued by Magistrates' Courts to allow your TV Licensing
staff to enter private homes in the investigation of TV Licensing offences?”
It is a criminal offence to install or use television receiving equipment to receive television programmes
without a valid licence. TV Licensing investigates and prosecutes unlicensed use of television receiving
equipment. It uses search warrants to assist in this activity.
TV Licensing’s policy on search warrants has been made public in the past. Search warrants are applied for
in cases where the evidence means that it is extremely likely that a television is in use. Search warrant
applications are considered scrupulously before they go forward to the court and they are treated very
much as a last resort. As a matter of law a search warrant cannot be granted unless there are reasonable
grounds for the application.
I can confirm that we do hold the information that you have requested in relation to the number of search
warrants issued by Magistrates' Courts. However, I am withholding this information under sections
31(1)(a),(b),(d) and (g) and (2)(a) of the Act which relate to law enforcement, specifically on the grounds
that disclosure would, or would be likely to, prejudice the prevention or detection of crime, the
apprehension or prosecution of offenders, the collection of the licence fee and the BBC’s ability to
discharge its public functions in respect of such matters.
I am satisfied in terms of section 2(2) of the Act that in all the circumstances of the case, the public interest
in maintaining the exemption outweighs the public interest in disclosing the information. I have provided
further explanation of my consideration of the public interest test in the section ‘Why information has been
withheld’ below.
Why information has been withheld
I am required under section 2(2) of the Act to assess whether the public interest in maintaining the
exemption outweighs the public interest in disclosing the information.
There is a public interest in disclosure in order to reassure the public that:
1. the licensing authority is exercising its functions appropriately and proportionately, i.e. that
search warrants will not be obtained except in exceptional circumstances; and
2. that public funds are being appropriately applied, that is:
a. that the TV Licensing system is being efficiently run; and
b. that value for money is being obtained.
However, I consider that the above public interest factors in favour of disclosure are outweighed by the
following:
1. As search warrants are only issued by independent third parties (the magistrate or sheriff in
Scotland) in accordance with strict legal requirements, the public interest in knowing that we are
using our powers proportionately is satisfied.
2. TV Licensing does not prosecute except where it is in the public interest to do so which includes
having sufficient evidence. This is a key principle of the Crown Prosecution Guidelines which we
publicly state that we adhere to. Further, a magistrate would not allow a prosecution to take place
if there was not sufficient evidence and public interest.
3. The BBC is required to satisfy the National Audit Office ('NAO') as to the value for money of the
collection and enforcement arrangements and is accountable for the economy, efficiency and
effectiveness of such arrangements. NAO's most recent audit is published at
http://www.nao.org.uk/publications/nao_reports/06-07/0607183.pdf.
4. The BBC has reduced the cost of collection from 6.2% of the total licence fee collected in 1991/2,
when it took over from the Home Office, to 3.6% for the financial year 07/08. This demonstrates
that the TV Licensing system is being efficiently run. This and further related information is
available in the BBC’s annual report (see www.bbc.co.uk) and the
TV Licensing Annual Review (see
http://www.tvlicensing.co.uk/aboutus/annualreview.jsp). A key part of this success has been the use
of detection as a significant deterrent element.
Revealing additional information about search warrants will provide information that could be of use to
people who wish to avoid paying the television licence fee.
I am therefore satisfied, in terms of section 2 of the Act, that in all the circumstances of the case, the public
interest in maintaining the exemption outweighs the public interest (outlined above) in disclosing the
information.
Appeal rights
If you are not satisfied with this response you have the right to an internal review by a BBC senior manager
or legal adviser. Please contact us at the address provided, explaining what you would like us to review and
including your reference number.
If you are not satisfied with the internal review, you can appeal to the
Information Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see http://www.ico.gov.uk/
I hope this response is helpful.
Yours sincerely,
Dan McGregor
Senior Policy Advisor
TV Licensing Management Team
