TV LICENSING
VISITING PROCEDURES
COMMERCIAL IN CONFIDENCE
Document Number:
PS-0004
Author: Visiting
Workshop
Version:
Various per chapter. Contact the Policy Team for current version
information.
TV Licensing Visiting Procedures (Chapter 1) - Contents
Commercial In Confidence
Contents
Chapter 1
Contents
Chapter 2
Preparation for Visiting
Section 1
Overview of Visiting
Section 2
Preparation for Visiting, Method of Transport and Visiting Hours
Section 3
Logging of Calls, Security, Return of Equipment, ID Cards, Staff Briefings,
European Working Time Directive
Section 4
Standards of Dress
Section 5
Race and Religion, Personal Descriptions, Name and Naming Systems
Section 6
Health and Safety
Section 7
Field Communication Channels, Guidelines for Dealing with the Media
Section 8
Visit Process Flow Diagram
Chapter 3
TVL Enquiry Visiting
Section 1
Overview of Enquiry Visiting, Authority to Conduct Enquiries, Check of
Address
Section 2
Unoccupied and Similar Premises
Section 3
Approach to Premises, Right of Entry to Premises, Flat and Mulit Occupier
Premises
Section 4
No Response to Call
Chapter 4
Confirming licensing position at address / Appropriate person to interview
Section 1
Response To Call / Appropriate Person To Interview
Section 2
Claim That Licence is Held
Section 3
Confirmed No Set
Section 4
Special Considerations - Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act
Section 5
Special Considerations - Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act Husband/White, Domestic Staff
Section 6
Special Considerations - Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act Lodgers, Paying Guests, Tenants Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act
Section 7
Entry to Premises - Access permitted, Access Refused, Licence Fee
Tendered during Enquiry, Information Already Reported by Telephone
Chapter 5
Human Rights Objection/Exemption Claimed
Chapter 6
Suspected Fraudulent Licence
Chapter 7
Special Considerations
Section 1
Commercial Premises / Hotels, Public Houses and Shops, Guest Houses /
Small Hotels
Section 2
Visiting Visually Impaired Persons
Section 3
Concessionary Licences
PS-0004 Chapter One
Date Last Changed: 16/04/2008
Iss 3, Rev 5
Page 2 of 4
TV Licensing Visiting Procedures (Chapter 1) - Contents
Commercial In Confidence
Section 4
Visiting Second / Holiday Homes
Section 5
Satellite or Subscription Television Only Claimed
Section 6
Video / DVD / Game Use Only Claimed
Section 7
Revoked or Sort-Dated Licences
Section 8
Visiting if Cash Easy Entry or Direct Debit Application Made
Section 9
Over 75
Section 10 Special Considerations - Lassy System Unavailable
Chapter 8
Taking a Prosecution Statement
Section 1
Taking a Prosecution Statement, Appropriate Person, Licence Fee Tendered
During Enquiry
Section 2
Concluding the Interview, Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act
Section 3
Aide Memoire for Completion of Record of Interview
Chapter 9
Selling a TV Licence
Section 1
Overview, Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Section 2
Receipt books
Section 3
Initial Payment Direct Debit
Section 4
Direct Debit Application
Section 5
Payment by Debit and Credit Card, Cheque, Cash or TVL Saving Stamps
Section 6
Cash Easy Entry or Monthly Cash Plan
Section 7
Interest from a second person
Chapter 10
Serving a Summons
Chapter 11
Monochrome (B&W) Challenge Visits
Chapter 12 Appropriate Reply Codes
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Chapter 13
Completion of Correspondence
Chapter 14
Completion of Record of Interview Reports
Chapter 15
Court Attendance and Protocol
Chapter 16
Requesting and Executing a Search Warrant
Section 1
Requesting a Search Warrant
Section 2 Execution of a Search Warrant
Section 3 Execution of a Search Warrant
Chapter 17 Suspicious Incidents and Allegations
PS-0004 Chapter One
Date Last Changed: 16/04/2008
Iss 3, Rev 5
Page 3 of 4
TV Licensing Visiting Procedures (Chapter 1) - Contents
Commercial In Confidence
Chapter 18 Glossary of Terms
PS-0004 Chapter One
Date Last Changed: 16/04/2008
Iss 3, Rev 5
Page 4 of 4
TV Licensing VO Procedures (Chapter 2 – Section 1) – Preparation for Visiting
Commercial In Confidence
Overview of Visiting
1.0
These documents provide a set of procedural instructions to be followed by all
Capita staff who carry out TV Licensing Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act visiting, referred to as Visiting
Officer (VO) throughout these instructions.
The need to treat each visit confidentially and to make the enquiry without
causing offence is paramount.
1.1
All staff need to be aware that they are expected to behave in a professional
manner that does not compromise the reputation of the customer or Capita. The
Visiting Officer Code of Practice is listed in 1.2 below.
As a part of Capita’s responsibilities to ensure that TV Licensing staff are
following the highest possible standards, work will periodically be checked. If
malpractice is discovered, this will be challenged. This could result in disciplinary
action of the individual concerned.
1.2
When making a visit, visiting staff are expected to:-
1.
always prove their identity by showing their identity card and on request,
provide a telephone number so that this can be confirmed.
2.
always state why they are visiting.
3.
be polite and courteous at all times. This extends to any notes written
about the customer/interviewee on the Visit Request.
4.
conduct enquiries firmly and fairly and in the least intrusive way possible.
5.
never threaten or intimidate and to stop the enquiry if asked to leave.
6.
only enter a property when given permission.
1.3
The Visiting Manager should be contacted if the Visiting Officer is unsure of any
aspect of the procedures and no assumptions should be made. If in doubt, ask.
PS-0004 Ch 2 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 2 – Section 2) – Preparation for Visiting
Commercial In Confidence
Preparation for Visiting
2.0
Visiting Officers should plan the sequence of visits to minimize travelling time and
to make the best use of available transport, but with due regard to personal
safety. The prioritisation of visits is subject to the agreement of the Visiting
Manager. This includes resolving those visits where definite personal knowledge
of the address concerned can resolve the visit without attending the address.
When preparing the sequence of visits, these must be planned to be made at
those times of the day when an answer is most likely to be obtained in the areas
being visited. Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
2.1
When planning visits for the day full use should be made of any maps available.
All staff must be aware of copyright relating to maps and that photocopies must
not be taken without permission from the publisher.
2.2
The VO should ensure that adequate supplies of stationery are available. If stock
on hand is low, this should be re-ordered within current timescales.
2.3
It is the VO’s responsibility to ensure that all cancellations are actioned including
asking for and actioning those cancellations received during days off.
2.4
Items to be taken when visiting:
ID card
Records of Interview
Visits requests
Envelopes
Receipt book
Black pens
Leaflets Clipboard
Mobile
phone
Watch
Cash Easy Entry cards
Phone charger
Torch
Cash Easy Entry rules card Application forms
Cash Easy Entry control sheet
Method Of Transport
2.5
Officially supplied vehicles, pool cars, private cars and public transport should be
used as directed by the Visiting Manager. Private cars must be fully insured for
business use, roadworthy and registered with their Visiting Manager for insurance
purposes.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
arrangements must be made to keep mileage incurred to a minimum. This
includes choosing a meeting place convenient to the area to be visited. Any
event, which causes mileage incurred to be greater than reasonably expected,
should be noted on the log sheet.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.7
Visiting Officers should make all reasonable efforts to resolve an enquiry on
the first visit.
PS-0004 Ch 2 Sect 2
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 2 – Section 3) – Preparation for Visiting
Commercial In Confidence
Logging Of Calls (Previous day’s work) 3.0
Details of each call must have been recorded upon the visit request form
concerned. (See Chapter 12 for the appropriate reply codes). The VO’s Visiting
Party Number (VPN), date and time of the visit must also be accurately recorded.
A VO must never use another VOs VPN. As the VPN is pre-printed, each VO
must ensure that the correct VPN has been noted on each completed visit before
it is returned.
Failure to do so will lead to visit results, Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act and incentive scheme
payments being wrongly credited to individual Visiting Officers Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act.
3.1
The total number of visits made must also be recorded upon the Visiting Officers
weekly log sheet.
3.2
All completed visits are to be returned to the TVL Field Business Centre at the
start of the next day. On the last working day of the week, that day’s work is to
be posted to the TVL Field Business Centre at the end of the duty.
Security 3.3
Apart from their own personal security, VOs are also responsible for the security
of documents and valuables under their control at all times. When out visiting,
these must not be left in view in a vehicle, Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act
Once the Visiting Officer has signed for their equipment (e.g. mobile phone, PDA)
and any supporting items, they will be expected to look after this company
property in a professional and sensible manner. The acknowledgement form
states that the Visiting Officer is responsible for all company property and any
negligent action resulting from loss or misuse could result in disciplinary action
being taken, and/or the total cost being deducted from the employee’s salary.
Only phones issued by Capita may be used for business use. Sim cards are not
to be transferred to personal phones.
If you need to carry a personal mobile phone this must be out of sight at all times
and under no circumstances should it be used in the presence of a customer.
When visiting a Capita site all mobile phones with a camera facility must be
declared at reception and the Local Site Security Officer may ask for them to be
handed over. They will be securely deposited and a receipt will be given.
Return of equipment. 3.4
It is the responsibility of the person who has been allocated any equipment to
return the items including any CEE cards and control sheets personally to their
Manager on their last day of service or on a specified date previously agreed. In
the exceptional circumstances whereby an individual is unable to meet up with
their Manager then the equipment can be returned by Special Delivery.
VO’s should note that the total cost of any unreturned equipment will be
deducted, in full, from the employee’s salary. Where it is not possible to return the
equipment on the last day of service, the employee’s Manager must be informed
and an explanation given to when and how the equipment will be returned.
PS-0004 Ch 2 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 2 – Section 3) – Preparation for Visiting
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Identity Cards 3.5
The ID Card is a security item. The loss (or theft) of an ID Card must be reported
to the manager immediately.
Temporary ID cards are issued to new recruits or persons observing VOs at work.
They are not to be used as temporary replacement of a lost ID card.
Security Check Process 3.6
In order to confirm VO identity when telephoning the helpline, staff will confirm
certain information before giving information.
• The
VPN.
• Confirmation of manager’s name.
The helpline number is for visiting staff only, and must not be given to
members of the public.
Please Note
• The TVL Field Business Centre should not be used for general visit
enquiries.
• The TVL Field Business Centre should only be contacted if specific
information is required on active or previous prosecution cases.
Staff Briefings 3.7
Operational procedures are subject to revision. In the event of such revision, an
update will be issued. It is the responsibility of each Visiting Officer to ensure that
instructions are read, understood and actioned.
3.8
From time to time staff briefings will be issued. In order to ensure that all relevant
briefings are received, staff are responsible for completing a data verification
questionnaire. Should personal circumstances change, (e.g. house move) it is
the responsibility of the Visiting Officer to inform their manager of the change.
European Working Time Directive 3.9
In order to ensure compliance with the European Working Time Directive
(EWTD), some key points are outlined below:
• Actual hours of attendance must be shown accurately on a log sheet.
• A break of at least twenty minutes must be taken in every six hours of
attendance.
• The break time must be clearly shown on a log sheet.
• There must be a gap of at least eleven hours between duty end time on
one day and the commencement of duty the following day.
• Anyone wishing to work for more than 48 hours in any week must
complete an opt-out form. The individual, as well as the company, is
responsible for ensuring that an opt-out form has been completed.
The individual, as well as the company is responsible, for ensuring that all health
& safety and legal requirements are met.
It is recommended that on the grounds of Health and Safety no more than 10
hours are worked in any one day. When working more than 8 hours in order to
maintain concentration and alertness breaks should be taken more frequently.
Tea breaks must not be taken at end of duty, they should be used to provide rest
during the working hours.
h
PS-0004 Ch 2 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 2 – Section 4) – Preparation for Visiting
Commercial In Confidence
Standard Of Dress 4.0
Staff throughout Capita are expected to conform to business standards of dress
and tidiness. Clothes should be comfortable and suitable for seasonal conditions.
4.1
Capita expects staff to recognise that they come to work dressed in a way that is
appropriate for the work they do. Staff need to be aware that their appearance
has a significant impact on customers impression of the business and the client.
A smart appearance is expected of all staff, normally a collar and tie for men and
the equivalent for women. This is also the standard required whenever visiting a
Capita site.
4.2
There should be no actual or potential health or safety risk to the individual or to
others due to clothes, jewellery or personal accessories worn or carried.
4.3
VO Visiting
VOs must always look clean and smart and must dress appropriately for the area
they are visiting - ties are not always appropriate for particular areas. VOs should
give due consideration to varying their appearance within the scope of these
guidelines, especially if this will result in an increased customer contact rate.
4.4
Court Attendance
Business dress, a smart suit / shirt / tie (not novelty items), is required for men.
Women are required to wear the equivalent.
4.5
Unacceptable Clothing
The following items of clothing are not acceptable and must not be worn.
•
Training Shoes or Flip-Flops
•
Denim clothing, Jeans / Jackets / Skirts / Dresses
•
Garments with large or obtrusive advertising logos, slogans, cartoons, or
“Loud patterns”.
• Baseball
Caps.
•
Sportswear / tracksuits / shellsuits or Crop Tops.
•
Facial jewelry (except ear-rings).
• Novelty
clothing.
Common sense should prevail for items not listed.
4.6
Ethnic Dress
Alternative forms or items of dress meeting the requirements of an individual’s
religious or ethnic customs are acceptable provided they meet the Capita
requirements outlined above.
PS-0004 Ch 2 Sect 4
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 2 – Section 5) – Preparation for Visiting
Commercial In Confidence
Race and Religion 5.0
The Race Relations Act 1976 makes it unlawful to discriminate against a person
on the grounds of race, colour, nationality, ethnic or national origins.
Discrimination is described as when one person is treated less favourably than
another because of their race, colour, ethnic or national origin, gender or
disability.
We all like to be described accurately and treated appropriately, however, by
using - even inadvertently - inappropriate words or actions we can cause offence.
The meaning of some words has changed over time, and some words that used
to be acceptable in the past are no longer acceptable. If there is any doubt as to
how a person should be addressed, they should be asked. The VO should also
ask how unfamiliar names should be pronounced/spelt.
Personal Descriptions
5.1
For TV Licensing cases, it is not normally necessary to consider describing a
person. There are however instances where a description of the person seen will
be required. (In Scotland a description is required for every case and must be
recorded upon the Record of Interview.) Great care must be taken in recording
names and when noting a persons description. Any description made after an
interview should either be noted on the Visit Request or on a separate piece of
paper and must not be noted upon the Record of Interview.
When it is necessary to record the ethnic background of a person, the
Magistrates Courts have adopted the nine point Office of Population and Census
Statistics (OPCS) self classification ethnic monitoring system.
The nine points based on OPCS are:- White; Black Caribbean; Black African;
Black other; Indian; Pakistani; Bangladeshi; Chinese; other.
These nine categories may be condensed to the following:- White; Black; Asian;
Other; Not Known / Not Recorded.
In addition, if a country of origin is provided, then this should be noted.
Names and Naming Systems
5.2
The VO is not expected to know all the names and naming systems, but is
expected to treat people with courtesy and to address them properly.
The VO needs to establish the full name of the customer. If in doubt, they should
ask for the correct spelling / pronunciation of the customers name.
Details should be written clearly, if necessary in block capitals, so that work is
unambiguous. Once written down, this should be shown to the interviewee to
confirm it has been written correctly.
PS-0004 Ch 2 Sect 5
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 2 – Section 6) – Preparation for Visiting
Commercial In Confidence
Health and Safety 6.0
Please note that in addition to these instructions, the Health and Safety
Handbook and the Lone Worker Support System (LWSS) Instructions also
contain valuable information concerning safety.
6.1
When undertaking TV Licensing enquiry visits, due regard must be given to
personal safety at all times. Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act the Risk Register that should be referred to on a
daily basis before commencing visiting.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
In order to give officers additional, supplementary information, any dangerous
addresses for postcode sectors selected will be printed on the header page. This
information will relate to address, names, date and details of the incident.
The risk register Redacted under section 31 (“law enforcement”) of the Freedom
of Information Act will continue to be included on the Central Planning postcode
breakdown, which you receive with your visit allocation.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
6.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
6.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
6.4
Each VO is responsible for notifying the Visiting Manager as soon as possible
after any incident takes place.
6.5
This risk register is regularly reviewed and the TVL Field Business Centre is
responsible for issuing an update to all VOs in the relevant team, each time a
new incident is reported. The VO must sign to confirm receipt of the updated risk
register and destroy all previous issues securely.
6.6
The risk register must be reviewed at each VO/VM one-to-one to ensure that risk
levels are appropriately recorded. Areas with no telephone reception should also
be noted at this time.
6.7
If a VO is assaulted, this must be reported to the Police and Visiting Manager
immediately.
6.8
For the LWSS to work efficiently, it is essential to sign on correctly, and to sign off
at the end of each period of visiting / working day. Even when acting as second
PS-0004 Ch 2 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 3
TV Licensing Visiting Procedures (Chapter 2 – Section 6) – Preparation for Visiting
Commercial In Confidence
officer or witness, sign on and off must take place.
Failure to log off correctly creates a warning that will be escalated to
management.
Contingency measures for emergency situations
6.9
If a VO is working in an area that is affected by an exceptional emergency
situation (i.e. terrorist attack) there is likely to be little or no notice of the situation.
Any VO working in the vicinity of an affected area should leave immediately and
where possible continue visiting elsewhere.
6.10
If a VO does not have access to alternative visits, the preferred option is to take
advantage of the flexible working arrangements and cease work for the day.
6.11
If a VO insists on working they must contact their Visiting Manager and arrange
alternative visits in another area. If the mobile network is affected by the incident,
a landline should be used. If such visits are not available contingency
arrangements may be implemented (see 6.12).
6.12
Alternative visits will initially be sent via text message. The VO must copy the
details from the text message to a blank visit request and on receipt of printed
versions of the visit, transfer the results and return them to the Regional Centre.
Mobile Phones when driving
6.13
CAPITA policy recommends that mobile phones are switched off whilst driving
and the voicemail facility be used. No manager shall require an employee to
make or receive a call whilst driving. Employees are advised to stop frequently to
combat fatigue and to take this opportunity to collect and make any necessary
calls.
All vehicles should always be parked with the engine switched off when using a
mobile phone- either with or without a handsfree device.
An employee does not contravene this policy if they are calling the emergency
PS-0004 Ch 2 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 2 of 3
TV Licensing Visiting Procedures (Chapter 2 – Section 6) – Preparation for Visiting
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services in response to a genuine emergency and it is unsafe/impracticable for
them to cease driving to make the call.
Avoiding slips, trips and falls
6.14
VOs must at all times be aware of the potential risk from wet, uneven and
unfinished surfaces. In order to reduce the likelihood of personal injury resulting
from slips, trips and falls VOs must always assess the safest route to take whilst
visiting.
As with all items of clothing VOs must ensure that footwear is appropriate for the
weather conditions and the area being visited.
PS-0004 Ch 2 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 3 of 3
TV Licensing Visiting Procedures (Chapter 2 – Section 7) – Preparation for Visiting
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Field Communication Channel
7.0
For Field Staff without access to email, the TVL Communications team have set
up a dedicated telephone number for staff to ring. This enables ideas,
suggestions, questions and comment to be fed to the communications team.
Most business matters should be discussed with the manager in the first
instance.
Guidelines for dealing with the media
7.1
1) If a journalist or camera crew approaches a Visiting Officer, they must
• remain
calm
• Explain that they do not wish to be filmed and ask politely if they will stop.
Explain that they are not authorised to take part in filming or interviews.
• Ask the journalist to contact the TV Licensing press office.
• Tell the Visiting Manager.
If the journalist then proceeds to ask for information, this should not be given.
Details of the journalist should be taken, and the journalist advised that someone
will get in touch. These details should be passed to the TV Licensing press office
with the following:
- The journalist’s name
- The journalist’s telephone number(s)
- The name of the newspaper, journal, radio station or television station the
journalist works for
- The information the journalist wants (ie, the questions being asked)
- The journalist’s deadline (if possible).
Inform the Visiting Manager about the action taken, in full.
2) If, when carrying out a visit, the person being questioned at the unlicensed
address identifies themselves as a journalist
• Carry on the visit as normal.
• If the journalist begins to ask questions that are not part of the normal
routine – eg, about TV Licensing policy or activity – these must not be
answered.
• An explanation must be given that you are not authorised to speak to the
media and that you can put them in touch with the TV Licensing press
office.
• Ask the journalist to contact the TV Licensing press office.
• Tell the Visiting Manager.
If the journalist proceeds to ask for information directly all details should be noted,
and passed by telephone to the TV Licensing press office with the details listed in
point 1.
3) Occasionally, the media become aware of serious incidents involving Visiting
Officers, such as assaults on a VO (although these are extremely rare). If a
journalist contacts you directly concerning an incident, the procedure outlined
above should be followed. Similarly, court appearances by Visiting Officers may
be of interest to the media. Again, the procedure above should be followed.
PS-0004 Ch 2 Sect 7
Date Last Changed: 02/2007
Iss 3, Rev 2
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 2 – Section 7) – Preparation for Visiting
Commercial In Confidence
The VO must not, under any circumstances, agree to take part in an
interview, photograph* or any other media activity, unless this has been
authorised by the TV Licensing press office. (* It is accepted that in some
circumstances journalists will take photographs without permission.)
The TV Licensing 24 hour press office number is 020 7544 3144.
If a VO is unsure about how to deal with a journalist, guidance should be sought
from the Visiting Manager immediately.
PS-0004 Ch 2 Sect 7
Date Last Changed: 02/2007
Iss 3, Rev 2
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 3 – Section 1) – TVL Enquiry Visiting
Commercial In Confidence
1.0
The role of the VO is to seek information to update Capita records and where
appropriate, evidence of TV Licence evasion. This is to enable the next course of
action to be decided upon Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act. As this information may be given in evidence, it
must be obtained within the rules set down by the Criminal Justice System and
within TV Licensing policy.
1.1
Deliberate falsification of visit results, times of visits or other information obtained
is considered a serious offence and
could result in disciplinary action.
1.2
The need to treat each visit confidentially and to make the enquiry without
causing offence is paramount.
1.3
All visits must be made before the last visit date. Reply details must be
accurately captured and results reported back as per instructions. Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act
1. Do not visit addresses unless a visit request has been produced.
2. Do not visit after the “Last Visit Date”.
3. Proper packaging of returned visit work greatly assists the speed with which
it can be processed, and safeguards sensitive material / information
contained.
4. Records of Interview, Resolved and Unresolved visits must be properly
segregated.
5. All unused letters must be removed from any resolved and unresolved visits
submitted and made confidential waste.
6. Any confidential waste returned to the TVL Field Business Centre for
disposal must be enveloped separately and clearly marked “Confidential
Waste.”
(See Chapters 13 and 14).
Authority To Conduct Enquiries
1.4
If a Visiting Officer is asked what authority they have to ask questions, they
should say they have a duty to investigate possible criminal offences under the
Communications Act 2003. Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act
1.5
VOs must carry their ID Card with them whenever they are carrying out TV
Licensing enquiries and must produce it when required.
1.6
Should a customer make a telephone check of a VO’s identity, the VO may be
asked for their Visit Party Number (VPN) and manager’s name.
1.7
Some universities and colleges will require a letter of authority when visited.
Before carrying out visits to a university or college, confirmation must be
obtained from the manager to establish if a letter is required, and for a copy to be
provided.
When visiting students, whether on or off campus, ensure an adequate supply of
application forms is available.
All completed application forms are returned to the TVL Field Business Centre
PS-0004 Ch 3 Sect 1
Date Last Changed: 11/2007
Iss 3, Rev 5
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 3 – Section 1) – TVL Enquiry Visiting
Commercial In Confidence
along with control sheets.
1.8
If a customer asks what the TV Licence fee is for, they should be told that it is
payment for a legal permission to install or use television receiving equipment to
receive or record television programme services.
Check of Address 1.9
Before making a call the VO must ensure that they are at the correct premises to
be visited. If there is a variance in the address (e.g. on the visit request the
premises is named only whereas a house number is also exhibited on the
premises itself) the visit should be made, identifying and confirming the correct
address. If there is no reply, it may be possible to confirm by telephone if a
licence is on file (under the house name, for example) and to resolve the visit in
that way.
The visit should be annotated, along with full details of any licence seen. The
correct form of address must be clearly indicated on the Visit Request to allow the
address file to be updated.
1.10
If a VO is unable to locate or get to the address given on the visit request, this is
to be recorded as a reply code “0”, and the Visit Request noted to that effect.
1.11
If during the course of the visit it becomes apparent that the VO is not at the
correct address, (named on the Visit) and no evidence of evasion has been
found, the visit should to be terminated immediately and an apology made to the
householder.
1.12
If a Visit Request is received for an address where the VO believes that
prosecution action may still be in progress from a previous call, the VO should
check with the TVL Field Business Centre before making the visit.
1.13
There are occasions where two visits (possible in different names) may be
generated for the same address at the same time, e.g. a non-renewal in the
name of Smith with a dealer notification in the name of Jones. The enquiry at the
address will resolve who is resident, usually with the visit for the person who is no
longer resident being marked as a “2” and with the other visit being annotated
according to what took place.
If there are differences in the address shown upon the two visits, but they relate
to the same premises, see Chapter 3 Section 2 per 2.2(b).
PS-0004 Ch 3 Sect 1
Date Last Changed: 11/2007
Iss 3, Rev 5
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 3 – Section 2) – TVL Enquiry Visiting
Commercial In Confidence
Unoccupied And Similar Premises 2.0
Unoccupied, demolished or premises under construction should be reported
using the appropriate reply code. No further action should be taken. (See
Chapter 12 for the list of reply codes)
2.1
If the property is unoccupied (i.e. confirmed unoccupied, not just suspected) or
the premises are due to be erected or are currently in the course of construction
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act. If possible, the estimated length of time (in months) prior to the premises
being re-occupied is to be recorded.
2.2 Uninhabitable
addresses
A property described as above will match the majority of attributes provided
below and is unlikely to be lived in for the foreseeable future Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act
• Derelict
• Neglected
• Boarded / Locked up
• Poor state of repair
• Fire
damaged
• No signs of development (either on-going or planned)
• No (or badly damaged) Roof
• Uninhabitable
• Vandalised
• Council notice states long tern re-development plan
Identifying these is important, as it will allow a bespoke campaign strategy to be
applied to them.
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
2.3
If the premises no longer exist and no construction is evident, Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act The visit
should be clearly annotated if:
(a)
the premises are now flats, note the visit request to show “Multi-occupied
form attached" and attach the form once this has been filled in.
(b)
the visit is because of duplication of addresses on LASSY. Clearly show in
the comments box which version of the address is to be removed and also
mark the reverse of the visit. If you have two visits with variants of the
same address, the version which is to be removed should be Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act
annotated that it is a duplicate and that one is to be deleted. The visit for
the correct address must be completed as normal.
(c)
the premises no longer exist (e.g. demolished).
(d)
the premises are renamed, so the system may be correctly updated.
(e)
the premises do not exist (an error in computer records).
2.4
Addresses will only be removed from the system where clear and unambiguous
information has been provided. It is imperative Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act that sufficient information is
provided. Failure to do so means that further visits and correspondence will be
generated for the same address.
2.5
Where a visit is generated inappropriately (e.g. for a large user postcode, such as
PS-0004 Ch 3 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 3 – Section 2) – TVL Enquiry Visiting
Commercial In Confidence
a PO Box number or business - or where the address on the visit is annotated
“DEMO” or “Demolished”), Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act In the comments box put “Refer to Address
Structure”.
PS-0004 Ch 3 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 3 – Section 3) – TVL Enquiry Visiting
Commercial In Confidence
Approach To Premises 3.0
This should generally be to the main entrance to the property using established
routes of entry. VOs must always have respect for the householder’s property
and privacy.
Right Of Entry To Premises 3.1
Any person has the right to knock on the front door of premises but must leave
when requested by the occupier. There is no right of entry to a house or to any
other part of the premises except with the consent of the occupier or other lawful
authority such as a Search Warrant. If the customer requests that the VO leave
the premises, this must be done immediately.
Flats and Multi-Occupied Premises. 3.2
Where a VO discovers that the premises being visited are multi-occupied, and
this is not indicated on the visit request (eg split into flats), a phone call must be
made to the VO Helpline to confirm that the flats are not already on file before
any attempt to visit is made. Addresses that are already on file must not be
visited unless a visit request has been received.
3.3
Having been given permission to enter the premises - either by permission of an
occupier or by implicit permission by way of an open door allowing access to a
communal area - a Visiting Officer is entitled to carry out their enquiries. The
Visiting Officer should endeavour to conduct all enquiries at those premises, but if
asked to leave by an occupier or security guard they should do so. In such
circumstances a full report must be made to the Visiting Manager.
3.4
Once it has been confirmed that the addresses are not on file, the VO must make
enquiries to confirm the correct form of address for each unit of accommodation.
Care must be taken to confirm whether or not the original address is still in use
for part of the property. This information should be entered on a Multi-occupied
form for return to the TVL Field Business Centre to update the records. The
original visit is to be recorded Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act – “Multi-occupied form attached”, and each
additional visit recorded as appropriate.
3.5
VOs can make enquiry visits to all flats/bedsits within the premise on the Visit
Request. While making such calls, the VO should be aware that addresses may
or may not already be on file and that valid licences could be held. The VO
Helpline should be contacted to clarify the situation. Due to the special nature of
these visits the VO should be sympathetic and tactful in the enquiry. If evasion is
discovered, then a prosecution report should be prepared.
PS-0004 Ch 3 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 3 – Section 4) – TVL Enquiry Visiting
Commercial In Confidence
No Response To Call 4.0
If premises appear occupied but no answer is obtained at the time of the visit, a
calling card should be left. The Visiting Officer must record the address and
postcode, time and date of visit and their VPN number in the appropriate boxes.
No other marks or comments should be made on the letter.
4.1
If a TV set is visible on the premises, must be annotated in the comments box on
the Visit Request. Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act Care must be taken if the VO is unable to leave the
letter in a letterbox or pigeon-hole. The visit must be annotated with the
appropriate reply code (See Chapter 12 for list of Reply Codes).
4.2
If there is evidence that a TV may be installed but there is no answer, a further
call Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act should be made. Any additional comments should be noted, along with the
time of the visit. Redacted under section 31 (“law enforcement”) of the Freedom
of Information Act
4.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 3 Sect 4
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 4 – Section 1) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
The need to treat the visit confidentially and to make the enquiry without causing
offence is paramount.
Response To Call / Appropriate Person To Interview
1.0
It is essential to establish as early as possible during the interview that the person
who answers the door is an appropriate person to interview and that they reside
at the address. The nature of the enquiry is a private matter between the VO and
the resident of the property being visited.
1.1
Having established that they are speaking to an appropriate person, (ie an adult
who normally resides at the address,) the Visiting Officer must produce their
identity card, state that they are authorised by Television Licensing and give the
reason for the visit. (If licence claimed, see Chapter 4 – Section 2.)
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Private information must never be divulged to an unknown / inappropriate
person. If the VO has left the premises without establishing if the person seen
was the occupier, the visit should be recorded Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act with a brief description of the
person seen. Full use should be made of the comments section of the Visit
Request regarding circumstances / description. On any subsequent visit, due
regard must be taken of any previous comments.
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Full use should be made of the comments section of the Visit Request regarding
circumstances / description. On any subsequent visit, due regard must be taken
of any previous comments.
1.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
A note must be made on the Visit Request if evidence of identity is seen such as
a Driving Licence, utilities receipt or a benefits book.
1.5
VOs must record customer names and telephone numbers Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act. If an interview
under caution has been conducted this information must be recorded on the
Record of Interview. If contact is made with the VO Helpline the Call Centre
operator will request these details.
In all other circumstances the VO must record customer details on the TVL09 visit
request form.
1.6
If an appropriate person is not present, the VO must try to obtain the name (and
address if this is different from that visited) of the householder, carer, or person
responsible for the TV Licence. This must be noted upon the Visit Request
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
with the date and time of the visit. Additional comments should be made (e.g. the
person spoken to at the address is not an appropriate person to interview).
1.7
Where a VO is speaking to an occupier via an intercom, but the occupier refuses
to allow access. Redacted under section 31 (“law enforcement”) of the Freedom
of Information Act
An interview under caution must not be conducted via an intercom or
telephone, an upstairs window or through a letterbox. The Visiting Officer should try to find out if access will be allowed if a visit is made
at some other time.
PS-0004 Ch 4 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 4 – Section 2) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Claim That Licence Is Held 2.0
If a valid TV Licence is shown to the VO, full details of the licence seen
must be noted on the Visit Request, Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act The place of purchase and the
payment method used must also be noted. Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act
2.1
If the VO is asked to transfer a licence the VO must satisfy themselves that the
person making the request has the right to transfer the licence. Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act A licence, which
is not in the customer’s name, must not be transferred without the express
consent of the licence holder. Where this information is being passed to a Call
Centre Operator the VO will be asked to confirm the licence holder has given
permission.
If the VO is in any doubt as to the identity of a customer, the customer
should be asked to put their request in writing.
2.2
Should the VO visit premises that are being used as temporary accommodation
and be shown a licence for the person’s permanent address, (e.g. whilst building
works are being carried out,) then the VO should annotate the visit Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act to
transfer the licence to the temporary address. The Visiting Officer must remind
the customer of the need to advise TV Licensing when they return to their
permanent address. This does not apply to second homes. If the permanent
address is being renovated, the VO must also advise the call centre to mark the
address accordingly.
2.3
If a valid licence is claimed but not produced, a telephone check must be
made to confirm if the licence is on file. If the licence is not immediately
located at the address stated, the VO must ask the Call Centre Operator to check
the full postcode. They should also request a check of bank details if the licence
is paid by Direct Debit and the account holder is available.
2.4
If it is not possible to confirm with the call center operator that a licence is on file
an interview under caution must be conducted.
If a licence check is made during the interview the TVL 178 must be noted with
‘licence claimed’ and ‘licence check made’.
If the VO has no phone coverage and it has not been possible to conduct the
licence check during the interview, the check must be made as soon as phone
coverage is restored. It must be noted on the visit request that a licence check
was made after the interview.
This TVL178 Record of Interview must not be submitted to the Field
Business Centre without establishing that there is no licence on file at the
address.
2.5
If the existence of the valid licence is confirmed, Redacted under section 31 (“law
PS-0004 Ch 4 Sect 2
Date Last Changed: 02/2007
Iss 3, Rev 5
TV Licensing Visiting Procedures (Chapter 4 – Section 2) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
enforcement”) of the Freedom of Information Act
PS-0004 Ch 4 Sect 2
Date Last Changed: 02/2007
Iss 3, Rev 5
TV Licensing Visiting Procedures (Chapter 4 – Section 3) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Confirmed No Set 3.0
In line with BBC Policy, all visits that result in a Confirmed No Set, must be given
a 3, 4 or 6-year guard.
Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act must only be used when a customer has
allowed the visiting officer access into the property to confirm that
television receiving equipment is not installed on the premises. On all
occasions the Visiting Officer must try to confirm the name and phone
number of the person seen and where the name is given, record this on the
visit request. The guards are to be applied as follows:
3.1
If the customer allows the officer to inspect the premises, and the VO is
fully satisfied that there is no television receiving equipment installed:
Enter Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act as a result on the visit request
Note in the comments box of the visit request using the criteria listed below:
3.2
If the visit is a Confirmed No Set visit and the customer gives the same
name as previously held for a CNS.
Inform the customer that we will not communicate with them for
6 years. Note “6
year guard” in the comments box.
3.3
If the customers name does not match the name on the CNS visit request. Inform the customer that we will not communicate with them for
4 years. Note “4
year guard” in the comments box.
3.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
3.5
In every case, the customer should be informed that:
• The contact will only cease while there is no television receiving equipment
installed on the premises.
• If television receiving equipment is installed in the future a licence will be
required.
• If the customer leaves the address during this time they should inform TV
Licensing.
PS-0004 Ch 4 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 4 – Section 4) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Special Considerations
4.0
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
4.1
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
4.2
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
4.3
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
PS-0004 Ch 4 Sect 4
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 4 – Section 5) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Special Considerations
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
5.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
5.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
5.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
If the interview is be conducted in English and it is apparent that English is not the
first language of the interviewee, the VO must satisfy themselves that the
interviewee has a sufficient understanding of English for the interview to proceed.
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
5.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Husband/Wife 5.4
Both husband and wife (partners) are equal in law. However, if one partner
wishes to be interviewed for the alleged offence in preference to the other, it is TV
Licensing practice to agree to that wish whenever possible and practical to do so.
Domestic Staff 5.5
Domestic staff living as an integral part of the licensees family are regarded as
covered by the licence. Domestic staff who live in separate accommodation
within the same building as the licensee and which constitutes a separate unit of
accommodation or domestic staff living in separate accommodation away from
the main building (e.g. keeper’s lodge, gardener’s cottage) require a separate
licence. In this case, a prosecution statement should be taken.
PS-0004 Ch 4 Sect 5
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 4 – Section 6) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Special Considerations
Lodgers, Paying Guests, Tenants etc. 6.0
Separate licences are required for use of television in a room occupied by a
lodger or paying guest regardless of whether their accommodation is self
contained or not. This includes people who share accommodation and hold
separate tenancy/mortgage agreements to reside in part of the property.
This includes students.
Any self-contained accommodation within another licensable place or
annexed to a licensable place will need to be licensed separately, even if
occupied by a relative.
Where there are several separate licensable units within one building, a
separate licence will be required for any television receiver used in a
communal lounge area. However, if one person takes a licence out for their
own room and they take responsibility for the equipment in the communal
lounge, their licence will then cover this area as well.
With the exception of the licensed communal room, a prosecution statement
should be taken from the unlicensed user in the above examples.
If the interviewee claims to be part of a joint / shared tenancy agreement and
unlicensed use is suspected, then evidence of their tenancy agreement must
be requested during the interview and noted on the Record of Interview.
If the resident claims that the landlord or some other person is responsible
for purchasing the licence, and evidence is produced to support this (this
may be within the tenancy agreement or a collateral agreement referring to
household bills or furniture) no prosecution statement should be taken. The
VO should complete the Visit Request Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act and obtain if possible all
relevant details such as the landlords name, address and telephone number
and details of any evidence produced. The VO should ask the tenant to
make a statement confirming that the television is provided by the landlord
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act, with reference to documentary evidence, that the provision
of a licence is the responsibility of the landlord. This statement should be in
writing and, if possible, signed and dated by the tenant. This should be sent
for the attention of the Prosecution Manager.
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
6.1
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
PS-0004 Ch 4 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 4 – Section 6) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Interviews of Other Persons Visiting the Address Under Enquiry.
6.2
Where a VO, whilst conducting enquiries, encounters a visitor to the address
who was present during the interview and who expresses interest in
purchasing a licence, a prosecution statement should
not be taken from that
person and the sales instructions in Chapter 9, Section 6 should be followed.
This should be recorded on a separate note with reply code “9S”.
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
6.3
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
6.4
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
PS-0004 Ch 4 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 4 – Section 7) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
Entry To Premises. 7.0
When there is admitted or suspected evasion, or where the interviewee claims
that there is no television, the VO should ask permission to enter the premises in
order to confirm this.
Premises must never be entered when the only person present is a
child/minor.
VOs must have due regard for their own personal safety when entering
premises.
Access Permitted. 7.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
If no set is confirmed Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act is to be used with the appropriate length of guard
indicated.
7.2
If evasion is discovered, Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act the VO should commence the interview under
caution. The VO must also note any corroborative evidence that allows an
inference of use to be drawn if they believe that an offence has been committed,
as detailed in Chapter 8.
7.3
If a Black and White TV and a VCR/DVD recorder are seen and a B&W licence is
held, refer to Chapter 11.
7.4
If it is confirmed that there has been no unlicensed use (e.g. TV set clearly stored
away), the result must be entered on the Visit Request Redacted under section
31 (“law enforcement”) of the Freedom of Information Act with the name of the
householder where possible. Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act should be used if it is believed that there will only
be a short period of time where the TV is not being used e.g. less than three
weeks
Access Refused 7.5
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
7.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
7.7
Where the VO has
reasonable grounds to believe that there is evasion, the
person being interviewed must be advised that it may be necessary to seek the
grant of a search warrant under the authority of the Communications Act 2003.
(See Chapter 16)
Threat of a search warrant must not be used to gain
access to premises.
If the VO visits an address where the occupier claims that there is no television
on the premises and a request to enter and confirm this claim has been refused,
or the VO is unable to gain access and reasonably believes a televisions receiver
is installed, Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
This reply code should also be used where the occupier has requested use of
PS-0004 Ch 4 Sect 7
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 4 – Section 7) – Confirming licensing
position at address / Appropriate person to interview
Commercial In Confidence
detection on their property. In this instance the VO must discuss the matter with
their manager. If in agreement with the manager the visit must be passed (clearly
noting the ground for suspicion, or the occupiers comments) to the TVL Field
Business Centre. If the manager does not agree the visit must be annotated
accordingly and sent to the TVL Field Business Centre in the usual way.
Licence Fee Tendered During Enquiry 7.8
If the licence fee is tendered to the VO on an enforcement visit, the interviewee
must be advised that it has been accepted without prejudice to any further action
that may be taken. No more than the fee payable for a current licence should be
accepted and a receipt must be given using the Receipt Book. Where
appropriate, an interview under caution must still be conducted and endorsed
accordingly. (See Chapter 8.)
Information Reported By Telephone
7.9
Where details have been reported by telephone to the Call Centre, this must be
indicated on the Visit Request by ticking the box ‘tick if details phoned in’. This
applies to many complex reply codes and enables effective streaming of work
within the TVL Field Business Centre.
PS-0004 Ch 4 Sect 7
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 5) – Human Rights Objection / Exemption Claimed
Commercial In Confidence
Human Rights Objection / Exemption Claimed 1.0
Where the customer informs a VO that they do not require a licence due to the
provisions of the Human Rights Act or claim that paying for their TV Licence is an
infringement of their human rights, the following information is to be given:
“Irrespective of an individual’s personal views, under UK law (the
Communications Act 2003) it is illegal to install or use television receiving
equipment to receive television programme services without a valid TV
Licence.
Individuals who break this law risk prosecution and a fine.
This situation has not been affected by the Human Rights Act 1998. ”
1.1
The customer should be informed that regardless of their individual views, a
television licence is required to receive television programme services within the
UK.
1.2
An interview under caution should be conducted if appropriate.
Any objection or claim of exemption must be recorded as soon as the customer
mentions it.
1.3
The visit request should clearly be marked “Human Rights Objector”
PS-0004 Ch 5
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 6) – Suspected Fraudulent Licence
Commercial In Confidence
SUSPECTED FRAUDULENT LICENCE SEEN
1.0
It is possible that during the course of their visits a VO may be shown a fraudulent
TV Licence by the customer. The VO needs to be aware that a person other than
the customer may have committed the fraud. Care must be taken in gathering
evidence. If a suspected fraudulent licence is produced, the following action is to
be taken:
1.1
The VO should telephone to check if the licence is on file. If the licence is on file,
the VO should annotate the visit request Redacted under section 31 (“law
enforcement”) of the Freedom of Information Act
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.3
The suspect licence (if the VO has been given this by the customer) must be
attached to the Visit Request and sent to the Prosecutions Manager along with a
report of the visit. The report needs to detail the customer’s name and address,
what the VO believes to be suspect about the licence and any other relevant
information about the visit.
PS-0004 Ch 6
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 7 – Section 1) – Special Considerations
Commercial In Confidence
Commercial Premises / Hotels
1.0
If a visit is produced for a VO for a commercial premises or a Hotel Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act the
comments box of the visit should annotated with ‘potential new Hotel’. The visit
should not be completed and should be sent into the Field Business Centre with
all other visits.
Dealer visits
2.0
If a visit is produced for a VO for a Dealers outlet Redacted under section 31
(“law enforcement”) of the Freedom of Information Act sent into the Field
Business Centre to the ‘Dealer Support’ team. The comments box of the visit
should be annotated with ‘potential new dealer’.
PS-0004 Ch 7 Sect 1
Date Last Changed: 29/01/2008
Iss 3, Rev 4
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 7 – Section 2) – Special Considerations
Commercial In Confidence
Visiting Visually Impaired People
2.0
When it is established that the interviewee is registered as severely visually
impaired, the Visiting Officer should ensure that an especially sympathetic and
tactful approach is adopted throughout the interview.
2.1
If a licence cannot be produced an interview under caution should be conducted
as normal. Subsequent to the interview, the person should be informed of the
50% reduction on the fee payable and should be urged to obtain a licence
without delay. The Record of Interview should note that this was done and was
acknowledged by the interviewee.
2.2
The Record of Interview should be clearly marked above the name and address
at the top of the form, in bold capital letters 'REGISTERED SEVERELY
VISUALLY IMPAIRED PERSON'. The Visit Request should also be marked in
the same way.
2.3
A “Sound Box” - which is used to receive television sound but not the picture
does not require a TV licence.
2.4
If setting up a licence for the customer, it is not necessary for the documentary
“proof” to be sent in.
2.5
Acceptable evidence is:
• A photocopy of or the original blind certificate
• National Registration Card
• Certificate of Visual Impairment (photocopy or original, signed by an
ophthalmologist and certifies that the person is blind / severely sight
impaired)
•
A letter from the local authority confirming they are severely sight impaired.
If the customer is able to pay for their licence by Direct Debit the VO should
collect all the information as follows:
2.7
The VO should complete the Direct Debit mandate for the customer, ensuring all
details are recorded. Where physically possible the customer should be asked to
check, sign and date the mandate.
2.8
The VO must record BLIND CONCESSION on the top of the mandate with their
VPN in the top right corner. The mandate must be included in the Valuables
Envelope for that day and sent to the Field Business Centre.
2.9
The VO must advise the customer that their licence application will be processed
and they will receive their licence in 15 – 20 days.
If the customer is unable to pay for their licence by Direct Debit :
2.10
The VO must call the VO helpline.
• If within the hours of 8.30 to 17.00, Monday to Friday the call will be
transferred to the Blind Concessions department and the licence will be set up
by a member of the Blind Concessions team.
• At any other time the agent will take the customer’s details from the VO.
2.11
If the agent takes the customer’s details, the VO must advise the customer that
they will receive a telephone call within the next five days from the Blind
Concessions team who will set up the customer’s licence.
In both instances
2.12
The VO should record “Blind Concession” in the comments box of the visit
request.
PS-0004 Ch 7 Sect 2
Date Last Changed: 16/04/2008
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 7 – Section 3) – Special Considerations
Commercial In Confidence
Concessionary Licences
3.0
Accommodation For Residential Care (ARC)
If the VO believes that the premises to be visited are covered by a Concessionary
Licence, they must contact the Concessionary Licence Centre on 0117 917 8164
prior to the visit. If a concessionary licence is held, Redacted under section 31
(“law enforcement”) of the Freedom of Information Act the visit to be annotated
with ‘ARC, Nursing/Care home/ sheltered accommodation.
(A Concessionary Licence always begins “7000”. The residents, who benefit
when the licence was renewed, are listed on the back of the licence.)
3.1
The first point of contact must be the Warden/Carer or scheme administrator. If
the Warden/Carer is not available, the VO must arrange an appropriate time to
call back. Individual residents must not be approached without the agreement of
the Warden/Carer.
If this is the first visit to the premises, the name of the owner or the controlling
local authority contact must be obtained and noted on the Visit Request.
3.2
The Concessionary Licence does not cover a TV in a communal area such as a
residents lounge. This set requires a full fee licence.
3.3
If there is a Warden/Carer/Caretaker living on the premises, a full licence is
required for their accommodation. This licence does not cover the use of the TV
in the communal area.
3.4
The concessionary licence does not cover any guest rooms and respite care
rooms.
3.5
If a concessionary licence is claimed but the VO is unable to confirm this all
information is to be recorded on the Visit Request and marked for the attention of
the Prosecutions Manager. The visit should be marked as Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act
The visit will
then be passed to the Concessionary Licence Centre for checks to be made.
3.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
3.7
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
3.8
If a resident has moved in since the licence was renewed, they will not appear on
the licence. This does not mean that they are not entitled to the concession, just
that CLC has not been notified. However, not all residents who move into a
residential care address will benefit from the concession.
3.9
If a resident is Over 75 and not covered by the concessionary licence, refer to
Chapter 7 – Section 9
PS-0004 Ch 7 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 7 – Section 4) – Special Considerations
Commercial In Confidence
Visiting Second / Holiday Homes
4.0
Second /Holiday Homes can be one of three types.
4.1
• Any permanent structure used as a second home or holiday home will require
a separate television licence.
• Any structure that is capable of being moved, whether it is moved at any time
or not e.g. A static caravan or collapsible chalet, will be covered by a licence
for a home address as long as there is never any simultaneous use.
• A licence for the home address will cover a touring caravan regardless of
whether there is any simultaneous use. This also applies to boats.
4.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
4.3
Where the interviewee claims that the property visited is their second home (or
Holiday Home) and a licence is not produced, an interview under caution is to be
carried out and a note made of any licence claimed.
4.4
If a visit is made to unoccupied premises and it is learnt that the property is used
as a Holiday or second home, the VO should seek to confirm who is the owner of
the property. A letter is to be left Redacted under section 31 (“law enforcement”)
of the Freedom of Information Act If the property is closed for the winter,
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 7 Sect 4
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 7 – Section 5) – Special Considerations
Commercial In Confidence
Satellite / Subscription Television Only Claimed
5.0
Where the customer informs a VO that they only watch satellite or subscription
only television, including cable services, and claim that a TV Licence is not
needed, the customer must be advised that with the introduction of the
Communications Act 2003, there has been a change to the licensing
requirements. The following information should be given.
“The situation has now changed. The Communications Act 2003 amends
the definition of television programme services to include all broadcasts,
including those broadcast by satellite from outside of the UK. ”
5.1
Inform the customer that regardless of where the signal is transmitted from, a
television licence is now required.
5.2
An interview under caution should be conducted if appropriate.
Any claim of exemption must be recorded as soon as the customer mentions it.
•
Where permission to inspect the set is granted, the channels tested must
be recorded on the Record of Interview. All
relevant channels being
received must also be noted on the Record of Interview.
•
The visit request should clearly be marked “Satellite User”
PS-0004 Ch 7 Sect 5
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 7 – Section 6) – Special Considerations
Commercial In Confidence
Video / DVD / Games Use Only Claimed
6.0
If a customer claims use of a TV as a monitor to play back pre-recorded tapes /
DVDs or games only, the VO must establish if there is any evidence of
unlicensed use, or if the interviewee clearly does not require a licence.
6.1
If the VO confirms the TV is only used as a monitor to watch commercially
recorded videos / DVDs or play games and is not tuned in to any TV channels,
no licence is required. Redacted under section 31 (“law enforcement”) of the
Freedom of Information Act
6.2
If the VO is unable to confirm the above and there is no evidence of unlicensed
use, Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
PS-0004 Ch 7 Sect 6
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 7 – Section 7) – Special Considerations
Commercial In Confidence
Revoked or Short-Dated Licence Involved
7.1
If the interviewee accepts that they have received correspondence short-dating
and/or revoking (cancelling) their licence, and the only licence that can be
produced is the one stated on the visit, then the interview under caution may
continue.
Short-Dated Licence
7.2
If the interviewee can satisfy the VO that the amendment made by TV Licensing
to their licence was not appropriate and the licence is still in force, Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
7.3
If the visit is made before the expiry date shown on the licence and the only
licence that can be produced is the one stated on the visit and the interviewee
denies any knowledge of the amendment of that licence, this is to be clearly
noted on the Record of Interview, and at what point during the interview the
claim was made.
Revoked (Cancelled) Licence
7.4
Where the only licence that can be produced is the one stated on the visit and
the interviewee denies any knowledge of the cancellation of that licence, this is
to be clearly noted on the Record of Interview, and at what point during the
interview the claim was made.
PS-0004 Ch 7 Sect 7
Date Last Changed: 02/2007
Iss 3, Rev 2
TV Licensing Visiting Procedures (Chapter 7 – Section 8) – Special Considerations
Commercial In Confidence
Visiting if Cash Easy Entry or Direct Debit Application Made
Cash Easy Entry (CEE) Application
8.0
If during the course of establishing the licensing position at an address it is
claimed that an application to join CEE has been made, the claim is to be
checked with RMS. If acceptance of an application is verified, mark the visit
request with reply code “7 - Licence confirmed”.
8.1
If an application has not been received, an interview under caution is to be
conducted.
8.2
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Note
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
• Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
• Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
• Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Direct Debit (DD) Application
8.3
If during the course of establishing the licensing position at an address it is
claimed that an application to join Direct Debit has been made, the claim is to be
checked with the VO Helpline. If the application is verified, mark the visit request
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
8.4
If an application has not been received, an interview under caution is to be
conducted.
PS-0004 Ch 7 Sect 8
Date Last Changed: 27/03/2007
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 7 – Section 9) – Special Considerations
Commercial In Confidence
People 75 or over
9.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
The information below should be passed to the VO Helpline. If it is not possible
to contact the VO Helpline, an Over 75 TV Licence Visit Outcome Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act Report is
to be completed. Redacted under section 31 (“law enforcement”) of the Freedom
of Information Act The Over 75 TV Licence Visit Outcome Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act Report
must be
clearly noted with the following details:-
9.1
•
Name, Address and TV Licence number
Verify the information on the visit request, ensure that the details are
entered for the over 75 person. Ensure that all changes are recorded as
necessary.
•
Date of Birth
This
must be entered for all people 75 or over.
•
Proof of age - required
Document that shows the age of the customer.
The number of the
document seen must also be noted for a free TV Licence to be issued.
•
National Insurance Number (NINO)
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act cannot be claimed unless the NINO is recorded.
9.2
Ideally the proof of age will be a document confirming the applicants National
Insurance Number (NINO) and age/date of birth (DOB). Acceptable documents,
in preferred order, are:- Birth Certificate, Passport (note the number), Driving
Licence (note the number), EU National ID Card, Marriage Certificate. Other
evidence seen must also be noted (e.g. Pension Book).
9.3
If the visit is not in the name of that person, the name of the resident aged over
75 must be noted on the Over 75 TV Licence Visit Outcome Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act Report. Details
of the previous licence must be noted if possible, including how much was paid.
9.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
9.5
Where the interviewee is an “appropriate person to interview” but claims a
person over 75 resides at the address and that there is no licence in force
for the address and no evidence to support the claim, an interview under
caution should be carried out
. (Details of the claim must be made on the
Record of Interview.) An application for a TV Licence is to be left with the
interviewee for completion and return. The visit is to be recorded as a reply code
“8”.
9.6
If the interviewee is able to provide evidence of a resident who is 75 or over, a
check should be made to see if there is an Over 75 Licence on file. If not,
proceed as in 9.0 above, clearly noting the details of the Over 75 person so that
an Over 75 licence may be issued.
PS-0004 Ch 7 Sect 9
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 7 – Section 10) – Special Considerations
Commercial In Confidence
LASSY System Unavailable
10.0
VOs will normally be advised in advance if the LASSY system will be temporarily
unavailable for any reason, together with an indication of how long this will be for.
Visiting should continue to be performed as normal, although it will not be
possible to perform licence checks via the TVL Helpline.
10.1
The unavailability of LASSY should not affect the service provided by RMS to
accept CEE / MCP applications or perform payment checks for these schemes.
10.2
VOs must not inform customers, “The system is down.” If necessary, they should
be advised, “The system is temporarily unavailable.” Or, “We are unable to
access your records at the moment,” together with an appropriate apology for any
inconvenience this may cause.
10.3
If a customer from whom a VO is taking a statement claims to have a licence but
is unable to produce it, the VO should continue with the statement. The visit must
be clearly marked that a licence check is required, together with full details of any
licence claimed (e.g. if from a previous address). This will then allow appropriate
investigations to be made by the TVL Field Business Centre once the system is
available.
• If a licence is discovered to have been in force at the time of the visit
the case will be closed and the customer informed in writing by the TVL
Field Business Centre.
10.4
All telephone sign up (TSU) applications should continue to be ‘phoned’ through
in the normal way to the VO Helpline. TVL agents will record the details manually
for entry once the system is restored.
• It is important that VOs capture a telephone number for the customer
and pass this on to the Helpline in case of any subsequent query.
10.5
If a VO is unable to contact the Helpline they must record the details on the
appropriate manual application / mandate form to associate with the visit.
• Payment details noted on a visit request will not be input to the system
by the TVL Field Business Centre unless a completed application form
or mandate is also attached. Bank details must not be recorded with a
view to phoning them in later.
10.6
If LASSY is likely to be unavailable for several days It may be necessary for VOs
to retain any unresolved / not performed visits to conduct further visits on if, even
if these have passed their ‘Last Visit Date.’ In such circumstances VOs will be
advised of this by their manager, together with any other special instructions to be
followed.
PS-0004 Ch 7 Sect 10
Date Last Changed: 02/2007
Iss 1 Rev 2
TV Licensing Visiting Procedures (Chapter 8 – Section 1) – Taking A Prosecution
Statement
Commercial In Confidence
1.0
In conducting the interview, the Visiting Officer (VO) is gathering evidence of TV
Licence evasion. Redacted under section 31 (“law enforcement”) of the Freedom
of Information Act As this information may be given in evidence, it must be
obtained within the rules set down by the appropriate Criminal Justice System.
1.1
All questions on the Record of Interview must be asked and answers
recorded verbatim at the time of interview. If the customer refuses to
answer any question, this must be noted with the relevant reason/comment.
1.2
If the interview is to be conducted by the VO in a language other than English,
then the notes recording that interview must be written in that language and
transcribed into English after the interview
If the interview is conducted in a language other than English and an interpreter is
used, then the notes of interview may be in English, but the language used and
the name of the interpreter must also be recorded. Where the interpreter used is
a friend or relative of the interviewee, this
must also be noted by the VO. (This is
a PACE requirement). If the interpreter makes their own notes, the original notes
must be retained.
Note: A person under 18 must not be used as an interpreter for conducting an
interview under caution. The age or date of birth of the interpreter must be
recorded.
1.3
Under no circumstances should personal, derogatory, sexist or racist remarks be
made. Additional observations or relevant comments are to be noted on the
supplementary information sheet as necessary and attached to the Visit Request.
1.4
As soon as there are reasonable grounds for suspecting that a person has
committed an offence the VO must caution that person in the following terms
which must be strictly adhered to:
1.5
The caution
must be administered as follows, and is printed on Record of
Interview.
1.6
England and Wales: "You do not have to say anything. But it may harm your defence if you do not
mention when questioned something which you later rely on in Court. Anything
you do say may be given in evidence. Do you understand?”
1.7
Scotland: "You are going to be asked questions about television licence evasion. You are
not bound to answer, but if you do, your answers will be noted and may be used
in evidence. Do you understand?"
1.8
Northern Ireland: "You do not have to say anything, but I must caution you that if you do not
mention when questioned, something which you later rely on in Court, it may
harm your defence. If you do say anything it may be given in evidence."
PS-0004 Ch 8 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 8 – Section 1) – Taking A Prosecution
Statement
Commercial In Confidence
1.9
The VO must confirm that the interviewee understands the caution before
continuing.
1.10
The time of the caution must be recorded on the Record of Interview. Note that
the twenty-four hour clock is to be used for this. The questions asked under
caution must be those set out on the Record of Interview.
1.11
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.12
If there is any significant break in the interview, the caution must be repeated.
Full Completion of Prosecution Statement
1.13
Detailed instructions on completion of the Record of Interview are contained in
section 3. When completing the form the VO must pay regard to the following:
• All questions are to be asked whenever possible
• If a question is not asked that should be indicated and not simply left blank
• Verbatim answers should be given
• No gaps or answers with a line through should be recorded without
explanation
The importance of collecting all available information cannot be over emphasised.
In addition, circumstantial evidence of use should be noted on the Record of
Interview whenever visible (eg sky dish, aerial lead plugged into TV, remote
control on settee) as this provides supporting evidence for potential prosecution
and may be vital if the confession should later be challenged.
Appropriate Person
1.14
If during the interview it becomes apparent that the person being interviewed is
not an appropriate person from whom prosecution evidence should be gathered,
then the interview must be terminated. The visit should be recorded with a reply
code “9P”.
Licence Fee Tendered During Enquiry
1.15
If during the visit interest is expressed in buying a licence, any interview
under caution must be concluded before selling the licence. The method of
payment should be noted at the bottom of the Record of Interview.
PS-0004 Ch 8 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 8 – Section 2) - Taking A Prosecution
Statement
Commercial In Confidence
Concluding The Interview
2.0
At the conclusion of every interview the VO should invite the interviewee to read
the completed Record of Interview and sign it as being a true record of the
interview (excluding Scotland). Any agreed additional or corrected information
should be recorded and signed by both the VO and the interviewee.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.2
No subsequent alterations or additions may be made to the Record of Interview.
Any subsequent amendment, alteration or addition to the Record of Interview
after the interview has been concluded is regarded as a serious offence and may
result in disciplinary action.
2.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.5
If a visit is inappropriately submitted as a reply code “8”, the Prosecutions
Manager is responsible for ensuring the reply code 8 will be deleted.
The visit will be passed to the Visiting Manager to discuss with the VO.
PS-0004 Ch 8 Sect 2
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Introduction
1.0
This aide memoire has been prepared to help alleviate problems experienced by
Visiting Officers when completing the Record of Interview.
Proof “beyond reasonable doubt”
1.1
Any person accused of a criminal offence has the right to have the evidence
against them tested in a court of law. Generally they need not submit a defence.
The prosecution must prove beyond reasonable doubt that an offence was
committed and that the accused is, in law, guilty of that offence. Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
The record of interview has separate sections for you to note what was seen by
you and what was admitted to you. It is vital that you clearly note what you saw
during the visit, separately from what was admitted. Where items may be
selected on the form (either as “seen” or “admitted”), these are to be circled to
clearly indicate what was observed or said. This will not only affect the wording of
the statement of facts should a summons be issued, but you will be reliant upon
your notes should your evidence be challenged in court.
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.4
It is important that each and every case is given the same diligent and
careful approach so that the best evidence can be presented to the court.
Record of Interview as Evidence
1.5
Officers are required to comply with the Codes of Practice, issued under the
Police and Criminal Evidence Act 1984. The Record of Interview has been
designed to take account of those codes of practice. The Record of Interview is
your record of the interview. Entries must therefore be factual, accurate and
legible. It should not under any circumstances contain personal views or
comments.
1.6
Questions should be asked as set out on the Record of Interview, with
paraphrasing being avoided. Verbatim answers must be shown in quotation
marks. If the interviewee refuses to answer a question, this must be noted.
Although it is normally possible to note all the interviewee’s responses on the
Record of Interview, if necessary, an additional notes form must be used to
record these.
1.7
If in exceptional circumstances, the Record of Interview has to be re-written after
the interview to be more legible, then this must be attached to the original, which
remains the prime document, especially if this was signed by the interviewee.
1.8
If there is a second officer present during the interview (corroborating witness in
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 1 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Scotland), they must be aware of all that takes place. When the second officer
countersigns the notes, as a true and accurate record of the interview, they are
adopting the first officer’s notes as their own. They must be able and prepared to
swear to the truth of what happened at the interview and answer questions about
the interview in court, if required.
1.9
If the interview is terminated early, the point in the interview, and the
circumstances, must be clearly noted as soon as possible after the event. The
exact words used must be recorded .
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 2 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Interview introduction
❻
Interview Ref. This reference number must be noted upon the visit request to
provide a cross reference should the forms become separated.
Visit Ref. These boxes are for the visit reference number and must be completed
in every case. Where the interview relates to the address on the visit request, the
Visit reference is to be used. If the Interview is in newly discovered Multi-Occupied
premises, then “MULTI / OCC” is to be written in place of the visit reference.
Likewise record the reason for any other legitimate visit without a visit request. i.e.
summons service.
Both day and date must be entered.
This is the time that you arrived at the door. Note that the twenty-four hour clock is
to be used.
Enter the title, forename and surname of the interviewee.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
❻
Enter the full postal address and postcode of the address visited if the actual
address differs in anyway from the visit request or TVL178 and support with
additional notes form.
Try and obtain the customers telephone number and note it in the space further
down the form. (See item
on the Personal Details section.)
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 3 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Opening Questions and Caution TV LICENCE
Do you live here?
Do you have a television here?
Do you have a TV Licence ?
(Licence produced)
CAUTION:-
You do not have to say
Time of Caution
anything. But it may harm your defence
if you do not mention when questioned
something which you later rely on in
court. Anything you do say may be
given in evidence. Do you understand.
(If the caution is not understood it is to be explained)
Write the customers response - verbatim if possible.
This should be “Yes” in almost every case. If the answer is “No”, then the VO
must note (possibly on the TVL09 Visit Request,) the reason why they are continuing the
interview (E.G a visit to a business premises).
Write the customers response - verbatim.
It is possible that the interviewee may not possess a television set, but has a TV
card in their computer, so the answer to
may be “No”, but a TV Licence will be
required. If this happens the circumstances
must be noted on the Record of
Interview.
Enter response. If there is a licence enter explanatory comments. (E.G. “Its in my
old address” then obtain address.). If the visit is a Mono-challenge it will not be
necessary to see the black and white licence as this is already recorded on the visit
request.
If a telephone check is made, this must be indicated and the result must be noted
too. If a licence is confirmed, stop the interview and code the visit appropriately.
If in the light of the answers to the questions at 2 & 3 you have reasonable grounds
to suspect that an offence is being committed then the caution must be given
immediately as shown on the form. If it is not possible to give the caution, then this
must be annotated at
with the reasons why. If the caution is not understood,
then use your own words to explain it to the interviewee. This must also be noted at
. You may be asked in court at a later date to give your explanation again.
Put down the exact time the caution was given.
If the interviewee makes any comment during or immediately after the caution was
given, this must be noted here.
Note Once the interviewee has been cautioned the interview should normally proceed to
its conclusion. If however there is any break in the interview it will be necessary to
remind the interviewee that they are still under caution. If there is a significant
break in the interview, the interviewee must be cautioned again.
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 4 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 5 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Personal details / general remarks PERSONAL DETAILS
Contact Details – Phone/ Mobile / Other
How long have you lived here ?
What is your date of Birth ?
What is your occupation/status ?
What is your National Insurance No ?
I have to tell you that you may be prosecuted for
an offence under the Communications Act 2003.
Is there anything else you want to say ?
Notes read by interviewee /
Notes read to interviewee by* (* delete as applicable) (If the interviewee
does not agree to the accuracy of the notes)
These notes are not accurate because: I agree that these notes are a correct
record of the interview
Signed (Interviewee)
Print Full Name
I have been told that it is in my own interest
to obtain a TV licence although I may still be prosecuted for any unlicensed use.
IT IS IN YOUR INTERESTS TO
Time interview concluded.
VPN
READ CAREFULLY THE NOTES
Signed (Visiting Officer)
Print Name .
OVERLEAF
Signed (Second Officer)
Print Name .
Licence fee tendered during interview via:
Accepted without prejudice / Not tendered*
Note here any contact information that you may be able to obtain, telephone,
mobile, email or alternative contact address (e.g. If interviewing homeowner at
“second or holiday home” or a students home address).
Write the customers response - verbatim if possible.
If this, or any other information is refused, this MUST be noted on the Record
of Interview.
Write the customer’s response - verbatim if possible.
Write the customer’s response - verbatim if possible.
Write the customer’s response - verbatim if possible.
If challenged as to why we ask for this, explain that the courts now require it.
You must warn the customer that they may be prosecuted and record the
customer’s response – verbatim if possible or record no response.
The interviewee must be given the opportunity to read through the record of
interview or have it read to them. Remember to note if the form was read to the
interviewee and delete as appropriate. If the customer does not agree that the notes
are correct, write the customers response - verbatim if possible. If necessary,
amend the relevant entry and initial the change. Ask the interviewee to initial the
change as well.
The interviewee must be asked to sign the record of interview and print their full
name if at all possible. If the Record of Interview has been signed then it can be
submitted in evidence and the Witness statement on the reverse of the Record of
Interview
must be signed before you submit this to the regional centre.
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 6 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Note the time the interviewee and you signed the form. The VPN of the Officer
conducting the interview must be noted. You must sign the form and print your
name. Once signed, and the copy has been handed to the interviewee, no further
entry may be made to the document.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Notes for Interviewee
PLEASE READ THESE NOTES, THEY ARE VERY IMPORTANT
You could not show us a valid TV licence at the time of the visit and we warned you that
you may be liable to prosecution under the Communications Act 2003.
If you can provide a valid TV licence that was bought before the date of this visit,
please send it
(or a copy) to TV Licensing using the envelope we have provided.
If you do not have a valid TV Licence, please get one straightaway.
For details of how to purchase a TV licence, telephone 0844 800 6763.
Please Note: The enquiry officer who conducted this interview does not have
the authority to give you time to pay.
Even if you purchase the appropriate licence, you may still be prosecuted for the offence.
If you pay for your licence in instalments, you MUST ensure that your payments are kept up to
date.
These notes are for the interviewee to read after the interview and to answer some of the
most common questions. They are there to reinforce the reason why the interview took
place and what the customer should do next.
The telephone number listed is for customer use only. VOs should use the VO helpline
number when confirming a licence or arranging a sale.
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 7 of 8
TV Licensing Visiting Procedures (Chapter 8 – Section 3) – Aide Memoire for Record of
Interview (England and Wales)
Commercial In Confidence
Notice to Defendant and Statement of Witness
This section is on the reverse of the top copy of the TVL Record of Interview and is
not on
the customer copy.
It is only to be completed if the interviewee has signed the Record of Interview. You must
print your name on the Statement of Witness line and also sign and date the statement. It
is important to remember that the Witness Statement and accompanying TVL Record of
Interview MUST be true in all respects.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Please remember that all our cases are based upon the evidence that you gather and are
shown on the TVL Record of Interview. Redacted under section 31 (“law enforcement”) of
the Freedom of Information Act, in addition you will not be able to remember the evidence
in relation to each interview you conduct months after the interview, without your notes, so
the evidence contained on the Record of Interview is vital.
PS-0004 Ch 8 Sect 3(EW)
Date Last Changed: 07/04/2008
Iss 4, Rev 1
Page 8 of 8
TV Licensing Visiting Procedures (Chapter 9 – Section 1) – Selling A TV Licence
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
NOTE: Where VOs are instructed to use Special Delivery no other method of
postage is acceptable. A silver Special Delivery bag, available free of charge from
the Post Office must be used for all Special Delivery items.
1.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Licence purchased by Initial Purchase Direct Debit
Annual Direct Debit
Monthly
Direct
Debit
Quarterly
Direct
Debit
Debit Card
Credit Card
Cash / Cheque / TV Licensing Saving Card / Saving
Stamps
Cash
Easy
Entry
Monthly
Cash
Plan
1.1
The number of telephone sign-ups completed for Direct Debit, CEE and MCP
should be recorded on a daily basis by type as separate totals on the Log Sheet.
1.2
If the VO accepts any of the following as payment for a licence they must be
placed, attached to the corresponding blue duplicate receipt, in a Valuables
Envelope. The Valuables Envelope must be fully completed with region code,
VPN, visit date, what is contained within the envelope and signed and dated at
the bottom.
• Direct Debit mandates
• Cheques
• Postal
Orders
• TVL
Stamps
• Cash
The following must also be contained within a Valuables Envelope:
• Completed Receipt Books
• PayPoint Licence Receipts
One Valuables Envelope should be used per day’s work and sent in
on top of the
visits and 178s for the day so it is immediately visible on opening the package.
Valuables Envelopes should not be tucked inside the plastic wallet of the work
they correspond with.
1.3
The VO should establish if the customer has access to a bank / building society
account that accepts Direct Debits. If they do and they wish to buy a licence by
this method the VO should ask the customer if they could make the first payment
immediately by either debit/credit card, cheque or TVL savings stamps. If this is
possible follow section 3.
1.4
If after every effort it has not been possible to secure an initial payment follow
section 4.
1.5
If the customer wishes to pay by cheque, cash or saving card / stamps follow
section 5.
PS-0004 Ch 9 Sect 1
Date Last Changed: 25/03/2008
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 9 – Section 1) – Selling A TV Licence
Commercial In Confidence
1.6
If the customer wants to pay by instalments but does not have access to a bank /
building society account, or the account does not accept Direct Debits, the VO
should establish if the customer is in receipt of an income related benefit. If so,
the customer may be eligible for Cash Easy Entry. Follow section 6.
1.7
If the customer is to join the MCP scheme follow section 6.
PS-0004 Ch 9 Sect 1
Date Last Changed: 25/03/2008
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 9 – Section 2) – Selling A TV Licence
Commercial In Confidence
Receipt books
2.0
The triplicate receipt books are self-carbonating and a divider must be used
between entries.
• Top receipt (white) – for the customer
• 1st copy (blue) – to be sent in a Valuables Envelope to the
Field Business Centre
• 2nd copy (green) – to be retained in the receipt book
2.1
VOs must use the receipt book for payments by cheque, cash or TVL stamps.
The VO should ensure that the customer’s name and address, details of the
valuables, VPN, date and signature are clearly legible on all copies.
2.2
The VO is responsible for the safe keeping of receipt books issued and also for
the correct and timely processing of any valuables received. Loss of a receipt
book or individual receipts
must be reported directly to the Visiting/Regional
Manager.
2.3
Only
one receipt book may be held at any time. They are audited at regular
intervals by Visiting Managers.
2.4
Completed receipt books should be returned to the Field Business Centre in a
Valuables Envelope. When a new receipt book is received the VO must complete
and return the acknowledgement form with the following day’s work.
PS-0004 Ch 9 Sect 2
Date Last Changed: 25/03/2008
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 9 – Section 3) – Selling A TV Licence
Commercial In Confidence
Initial Payment Direct Debit
NOTE: Where VOs are instructed to use Special Delivery no other method of
postage is acceptable. A silver Special Delivery bag available free of charge from
the Post Office must be used for all Special Delivery items.
3.0
If the customer wants to pay by initial payment Direct Debit, the VO should
establish which payment method the customer wishes to use. The available
options are:
• Debit / credit card
• Cheque
• TVL Saving Stamps
3.1
If taking a cheque and/or stamps from a customer as an initial payment, the VO
must complete the Direct Debit mandate, filling in all details and have it checked
and signed by the customer.
Both the payment and mandate should be sent to the Field Business Centre in a
Valuables Envelope (by Special Delivery in a secure silver pouch if the payment
is stamps). The VO’s VPN should be written on the top right corner of the
mandate.
3.2
If the customer wishes to make an initial payment by debit or credit card the VO
should phone the VO helpline and be ready to provide VPN, manager’s name,
customer’s details – name, address, contact number and bank details (account
number and sort code) and inform the operator that the customer wishes to make
an initial payment.
3.3
Data Protection Act
The Account Holder MUST be present with the VO to set up the scheme, or to
action any change of address / name / other details.
3.4
If unable to contact the call centre the VO must complete a Direct Debit mandate
on behalf of the customer ensuring all details are recorded including the initial
payment amount.
The VO must ask the customer to check, sign and date the mandate, write the
VPN on the top right corner of the mandate and send it to the Field Business
Centre in the Valuables Envelope for that day.
NOTE: Under no circumstances must customers’ bank details be recorded with a
view to phoning them through at a later date.
3.5
The VO should record the licence number and “initial payment” in the comments
box of the visit request.
3.6
For any Direct Debits set up over the phone, or mandates sent into the Field
Business Centre, the VO should advise the customer, “Providing the bank /
building society accepts the Direct Debit, your payment plan should be with you
within the next 7-10 working days”.
PS-0004 Ch 9 Sect 3
Date Last Changed: 25/03/2008
Iss 3, Rev 4
TV Licensing Visiting Procedures (Chapter 9 – Section 4) – Selling A TV Licence
Commercial In Confidence
Direct Debit Application
4.0
If the customer wants to set up a Direct Debit without an initial payment, the VO
must phone the VO helpline and be ready with VPN, manager’s name and the
customer’s details – name, address, contact number and bank details (account
number and sort code).
4.1
Data Protection Act
The Account Holder MUST be present with the VO to set up the scheme, or to
action any change of address / name / other details.
4.2
If the VO is unable to contact the call centre they must complete a Direct Debit
mandate on behalf of the customer ensuring all details are recorded. The
customer should be asked to check, sign and date the mandate. The VO must
record their VPN on the top right corner of the mandate and send it to the Field
Business Centre in the Valuables Envelope for that day.
NOTE: Under no circumstances should a VO record customers’ bank details with
a view to phoning them through at a later date.
4.3
The VO should record the licence number and “Direct Debit” in the comments box
of the visit request.
4.4
The VO should advise the customer, “Providing the bank / building society
accepts the direct debit, your payment plan should be with you within the next 7-
10 working days”.
PS-0004 Ch 9 Sect 4
Date Last Changed: 25/03/2008
Iss 3, Rev 5
TV Licensing Visiting Procedures (Chapter 9 – Section 5) – Selling A TV Licence
Commercial In Confidence
Payment by debit and credit card, cheque, cash, saving card or saving stamps
NOTE: Where VOs are instructed to use Special Delivery no other method of
postage is acceptable. A silver Special Delivery bag available free of charge from
the Post Office must be used for all Special Delivery items.
5.0
VOs can only accept cash, cheques or savings stamps payments for less than a
full fee if the customer can provide a bar-coded concessionary licence form.
Payment by debit and credit card
5.1
If the customer wants to pay by Debit or credit card, the VO should telephone the
VO Helpline for the customer.
5.1
When telephoning, the VO should be ready to give their VPN, their manager’s
name, the customer’s name, address, postcode, contact number(s) and
debit/credit card details.
5.2
Data Protection Act
The cardholder MUST be present with the VO to arrange the payment, or to
action any change of address / name / other details.
5.3
The VO should appropriately note the details on the Visit Request.
5.4
Once completed the VO should advise the customer that their licence will be
issued in approximately 10 days.
Cheques 5.5
When taking a cheque from a customer VOs
must ensure that:
• It is made payable to “TV Licensing”
• It is dated correctly (not post-dated or dated more than five months
prior to the visit date)
• It is for the appropriate licence fee
• The amount in words & figures match
• It has been signed and the signature (if legible) matches the name of
the account holder
• If the cheque is not from one of the UK clearing banks, that it carries a
UK sort code and account number.
Incorrectly completed cheques are returned to the customer for amendment.
5.6
VOs must clearly record on the back of the cheque:
• The title, initial and surname of the licence holder
• The first line of the address and postcode the licence is to cover
• VPN
• The receipt number.
5.7
The VO should write “cheque payment” in the comments box of the visit request.
5.8
The VO
must issue a receipt to the customer as per section 2. The blue copy and
the cheque should be sent to the Field Business Centre in the Valuables
Envelope for that day.
Cash payments
5.9
The VO should take the cash from the customer, issuing them with a receipt and
PS-0004 Ch 9 Sect 5
Date Last Changed: 16/04/2008
Iss 3, Rev 7
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 9 – Section 5) – Selling A TV Licence
Commercial In Confidence
7advising the customer that they will receive the licence within 7-10 working days.
5.10
The VO must take the cash payment to a PayPoint outlet at the earliest
opportunity and purchase the licence.
NOTE: It is important when a PayPoint licence has been purchased that both the
PayPoint receipt and duplicate receipt are stapled together and sent into the Field
Business in the Valuables Envelope for that day.
5.11
The VO must write either “PayPoint” or “posted” on the receipt to show how the
payment has been processed.
5.12
VOs must take all full cash payments to a PayPoint outlet to purchase a licence.
The only exception to this is where the address differs from that shown on the
visit request.
In this instance the VO should send the cash (with the corresponding duplicate
receipt) to the Field Business Centre (using Special Delivery) in the Valuables
Envelope for that day’s work and write “address issue” in the comments.
5.13
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
the VO should capture any address structure changes from that printed on the
visit request.
5.14
If the customer requires a licence with a different fee
• blind concession
• monochrome
PayPoint outlets will not accept the payment unless the customer has given the
VO a renewal notice. The VO must send these types of payments to the Field
Business Centre to be processed.
Stamp payments
5.15
If the customer has sufficient stamps to pay for the licence in full the VO must
complete a receipt and send the stamps to the Field Business Centre in the
Valuables Envelope for that day’s work by Special Delivery in a secure silver
pouch.
5.16
Any stamps to be refunded should be sent to the Field business Centre in the
Valuables Envelope for that day’s work by Special Delivery in a secure silver
pouch. The VO should advise the customer that they will receive their refund in
the post.
PS-0004 Ch 9 Sect 5
Date Last Changed: 16/04/2008
Iss 3, Rev 7
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 9 – Section 6) – Selling a TV Licence
Commercial In Confidence
Cash Easy Entry or Monthly Cash Plan
6.0
Data Protection Act
The person who will be the Licence Holder MUST be present with the VO (RMS
will take the details from the VO) to set up the account, or to action any change of
address / name / other details.
6.1
The VO should telephone RMS for the customer, or should note the relevant
information on the Visit Request if it was not possible to get through
. The
information must be telephoned to RMS as soon as possible after the visit if contact was not made. Multiple applications on a single call to RMS must not
be made unless connected to the operators tasked with this work.
6.2
Details of all CEE cards issued must be recorded against the correct card number
on the control sheet. VOs must issue cards in numerical order and return the
control sheet as soon as all corresponding cards have been issued.
6.3
Applications taken outside RMS opening hours (Saturday & Sunday) must be
called through first thing on Monday. In exceptional circumstances, if it is not
possible to telephone the information to RMS (e.g. on holiday the next day), the
control sheet must be clearly marked so the information may be telephoned to
RMS by the TVL Field Business Centre.
6.4
RMS provide a text messaging service to both CEE and MCP customers. When
necessary, customers will receive text messages to their phones regarding their
accounts. Visiting Officers need to capture CEE telephone numbers (mobiles) on
all applications, and gain the consent of the customer to confirm that they do not
mind receiving the text messages.
RMS will ask the VO to confirm that consent has been given by the customer.
6.5
When telephoning, the VO should be ready to give their VPN number, their
manager’s name, the customer’s name, address, postcode and contact
number(s). If a pre-allocated card was issued, then the number must be given to
RMS.
6.6
When setting up either a CEE or MCP account for a customer, the call
centre will advise if this is the 3rd, 4th, 5th etc. time that an account has been
set up for this person. If this happens, the number of times that the
account has been set up must be noted on the Visit Request.
The licence for this customer will not be short dated to cover the arrears.
6.7
The VO must clarify with RMS if it is to be a new account or if we are re-instating
the customer onto an existing account.
6.8
In the case of an MCP sale, the customer does not necessarily have to be on a
benefit related income but may not have access to a bank account with which
they may be able to pay by Direct Debit. The VO should contact RMS and state
that the customer would like to join MCP. RMS will take all of the customer’s
details as with CEE and forward an account card to the customer within 10
working days.
PS-004 Ch 9 Sect 6
Date Last Changed: 25/03/2008
Iss 3, Rev 7
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 9 – Section 6) – Selling a TV Licence
Commercial In Confidence
6.9
In both instances, the VO must reinforce to the customer that it is in their interests
to purchase a licence and to make continuous payments. The customer should
be informed they are not licensed until the first payment is made.
Pre Allocated Cards 6.10
Never give a new pre-allocated card to a customer who states they have: lost the
card / already applied for and waiting for the card / moved address / MCP
Member / CEE member with large arrears. The VO must telephone RMS for
advice.
General Guidelines
6.11
Ensure at least one customer contact number is obtained (where possible, this
should be a mobile number. See 5.4)
When visiting ex CEE members, RMS may be able to reinstate the customer.
Do not supply a new card before calling RMS for advice.
Customers can join MCP if they are not on benefits.
CEE Payments are weekly for the first six months. As soon as CEE customers
are six months in advance then their payments are fortnightly over 12 months.
MCP payments are monthly for the first six months.
If a card is misplaced, the control sheet must be marked accordingly.
If a missing card is found, it must not be given to a customer. (It must be
returned to the TVL Field Business Centre with a note of explanation so that
it can be re-used and recorded correctly).
6.12
The customer should be informed that the payment card and joining instructions
will be sent within 14 days. The instructions will include a pre-printed payment
plan, which will not have registered their first payment when it is sent out. The
customer should be advised to contact the CEE helpline if the information does
not arrive within this time. The number can be found on the back of the CEE
Card.
6.13
The VO should mark the Visit Request with
“CEE application completed” or
“MCP
application completed” and the membership number.
PS-004 Ch 9 Sect 6
Date Last Changed: 25/03/2008
Iss 3, Rev 7
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 9 – Section 7) – Selling A TV Licence
Commercial In Confidence
Interest from a second person 7.0
If a visitor was present and expressed interest in the schemes being offered to
the customer, the following should be followed:
7.1
The VO should ask specific questions to confirm the licensing position at their
address, and check this with the VO Helpline.
7.2
If the visitor has a current licence, a “Getting a Licence” leaflet should be left with
them.
7.3
If the visitor does not hold a licence, the relevant processes detailed in this
chapter will be followed. Where a licence is sold, the VO will need to complete an
additional notes form with details of the customer’s name, address, payment
scheme, membership or licence number, VPN, date and time etc, Redacted
under section 31 (“law enforcement”) of the Freedom of Information Act
7.4
The Additional Notes form and any accompanying paperwork must be sent to the
Field Office with that day’s visits.
PS-0004 Ch 9 Sect 7
Date Last Changed: 02/2007
Iss 1, Rev 1
TV Licensing Visiting Procedures (Chapter 10) – Serving A Summons
Commercial In Confidence
Personal Serving of a Summons (Not Scotland or Northern Ireland)
1.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.5
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.7
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
PS-0004 Ch 10
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 11) – Monochrome (B & W) Challenge Visits
Commercial In Confidence
Monochrome (B&W) Challenge Visits
1.0
It is not necessary to request sight of the black & white licence as this
information will be detailed on the Visit Request.
1.1
Some objections may be received from genuine black & white TV owners. The
VO should explain that it is a routine visit.
1.2
If necessary, reference may be made to the condition on the TV licence that
refers to the inspection of equipment.
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.4
If there is no reply, the Visit Request should be noted with reply code “9”.
1.5
Visit Reply codes “A” and “D” are only to be used with Mono Challenge visits.
• “A”
Confirmed black & white set only.
• “D”
Black & white set claimed, inspection refused.
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.6
Visit reply code “7” must only be used if a valid
Colour licence is seen.
1.7
Only if it is confirmed that there is no television set on the premises, may reply
code “C” be used.
1.8
Where use of a colour TV / VCR / DVD recorder / set-top box is found or
admitted, an interview under caution should be conducted.
1.9
The interviewee should be given every opportunity to produce evidence of
installation of any colour TV receiver and any documents produced must be
noted on the Record of Interview.
1.10
Following the interview, the VO may then proceed with the post interview sales
approach (See Chapter 9). The customer should be made aware of the
procedure for upgrading a black & white TV licence to colour (i.e. that the
unused portion of the black & white licence can be credited against the purchase
of a colour licence).
1.11
If a Direct Debit Licence is requested, the black & white licence should be taken
from the customer if possible and a receipt given. The licence to be attached to
the application form if one is used, or to the papers relating to the visit when
returned to the TVL Field Business Centre. An additional notes form must also
be included stating colour licence and requesting a refund.
1.12
If a CEE licence is applied for, the customer must be advised that in order to be
credited with any refund the black & white licence must be sent to RMS.
PS-0004 Ch 11
Date Last Changed: 02/2007
Iss 3, Rev 3
TV Licensing Visiting Procedures (Chapter 12 – Section 1) – Appropriate Reply Codes
Commercial In Confidence
Visit Request Reply Codes
1.0
Visiting Officers must use the correct reply code for each visit that they carry out.
1.1
Every Visit Request must have the Visiting Party Number of the VO conducting
the visit, the Date and Time of the visit and reply code for that visit accurately
recorded. The list of Reply Codes to be used is detailed in this chapter:
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.5
Regardless of the visit outcome it is important whenever customer contact details
are obtained that they are captured accurately on the Visit Request form in the
section named ‘Customer Contact Details’
• Any future visits produced for the address will be annotated with these
details. These will be highlighted in the section ‘ TVL Contact Name/s
found’
• The latest set of contact records (maximum of three) will be shown in the
‘TVL Contact Name/s found’ section on the Visit Request form.
PS-0004 Ch 12 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 6
TV Licensing Visiting Procedures (Chapter 12 – Section 2) – Appropriate Reply Codes
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
A CONFIRMED Black and White set only. This may only be used with a Mono
Challenge Visit.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
D Unconfirmed Black and White set only (i.e. claimed and inspection refused).
This may only be used with a Mono Challenge Visit.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 12 Sect 2
Date Last Changed: 02/2007
Iss 3, Rev 5
Page 1 of 1
TV Licensing Visiting Procedures (Chapter 12 – Section 3) – Appropriate Reply Codes
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
3.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 12 Sect 3
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 13) – Completion of Correspondence
Commercial In Confidence
1.0
The following tasks are to be completed as shown
Daily 1.1
Items 1.2 – 1.5 are to be done at the beginning of the working day, and at the end
of duty on the final working day of the week. This may only be varied with the
prior agreement of the Visiting Manager.
1.2
Separate out and band / bundle separately:
1.
Code 8 & Record of Interviews. Each case should be placed in a separate
plastic wallet as per Chapter 14.
Only visits with a Record of Interview
should be placed in plastic wallets.
2. Code
9.
3.
All codes other than “9”.
All completed visits must be separated from one another along the
perforations.
4.
CEE Control sheet when fully completed.
1.3
The items enclosed should be counted and totals entered on Weekly Log and VO
Daily Facing sheets.
1.4
Cancellations from the previous day, any other visits not performed and any
unused letters must be returned to the TVL Field Business Centre in a separate
package to other completed work, in a separate envelope marked for Confidential
Waste.
1.5
If VO purchases a new licence from PayPoint attach the receipt, cash payment
(including saving stamps) and send by Royal Mail Special Delivery for valuables,
with that days work included.
1.6
All completed work must be enveloped and returned to the TVL Field Business
Centre.
The VPN, Team Name, Officer name and date the work was completed must be
clearly marked on the outside of the envelope.
Proper packaging of returned
visit work is essential.
Weekly 1.7
The VO must complete their weekly log sheet and send it to their Visiting
Manager within 24 hours of completing their weekly hours.
England and Wales and Northern Ireland
1.8
Each Record of Interview is to be sent to the TVL Field Business Centre in a
plastic folder, with the papers arranged as follows:
1.9
With the long opening of the plastic folder to the right, the short opening of the
folder should be at the top. The Visit Request should be placed into the folder
with the Record of Interview behind it and reversed so that it can be read
through the back of the folder.
Scotland only
1.10
The Record of Interview and the Visit Request are folded together and
dispatched to the TVL Field Business Centre with the other work for that day.
PS-0004 Ch 13
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 13) – Completion of Correspondence
Commercial In Confidence
All Areas
1.11
If there is a cheque to accompany the Record of Interview, the cheque must be
attached to the front of the TVL09, and the cheque and receipt attached to the
Record of Interview.
PS-0004 Ch 13
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 14) – Completion of Record of Interview Reports
Commercial In Confidence
Signing witness statement - statement used as evidence (Excluding Scotland).
1.1
The witness statement on the reverse of the Record of Interview must always be
signed by the VO as well as inserting the officer’s full name in block capitals
unless the customer has refused to sign the statement.
1.2
Where a black and white licence is in force for the address, it is necessary to
confirm the correct wording of the witness statement. If necessary, insert the
word “appropriate” (e.g. “using a television set without a licence” must be
amended to read “using a television set without
an appropriate licence”).
SIGNING WITNESS STATEMENTS RECEIVED (Excluding Scotland) – Full Witness
Statement
1.3
Where a Full Witness Statement is prepared by the TVL Field Business Centre
and sent to the VO, they must check the papers thoroughly against the enclosed
copy of the Record of Interview to ensure all information is accurate, and that if it
was a Mono Challenge visit, reference is to “appropriate” licence rather than “no
licence”. If any changes are required, these must be clearly marked and the
statement immediately returned to the TVL Field Business Centre.
The witness statements must be signed and returned to the TVL Field
Business Centre within 7 days of receipt.
PS-0004 Ch 14 EW/NI
Date Last Changed: 02/2007
Iss 3 Rev 5
TV Licensing Visiting Procedures (Chapter 15) – Court Attendance and Protocol
Commercial In Confidence
COURT ATTENDANCE AND PROTOCOL
1.0
It is the legal right of defendants to challenge the evidence against them in
Court. In the case of a challenge, the VO must attend court to present their
evidence in a case where they were the Interviewing Officer.
1.1
The TVL Field Business Centre will send notification of any appropriate hearings
to the VO, where they are required to give evidence (and copy of the Record of
Interview for the case concerned). The VO must acknowledge receipt of the
papers within 5 workings days.
1.2
The VO must liaise with their Visiting Manager and TVL Field Business Centre to
either confirm their availability or, if unable to attend on the date stated (e.g.
previously booked leave commitments), to arrange suitable alternative hearing
dates. It is essential that the Visiting Manager is advised as soon as possible of
any reasons why the VO is unable to attend.
1.3
The VO will receive a phone call from the Court Presenter prior to the hearing, to
confirm their attendance. The VO must confirm this with their Visiting Manager.
1.4
The VO should confirm with the TVL Field Business Centre whether they are still
required the day before the hearing. (In Scotland, this is to be done with the
Court on the day of the hearing.)
1.5
The VO must be at court at least 30 minutes before the time scheduled for the
case to begin, and be familiar with all aspects of the case in which they are due
to give evidence.
1.6
The court expects that the VO will be smartly dressed. Court etiquette is for
dark suits, conventional shirts and ties for men. Women should also dress
appropriately. Mobile phones and/or pagers must be switched off before
entering court buildings.
1.7
The VO must let the Court personnel know they have arrived, and introduce
them self to the Court Usher. The VO must also let the person presenting the
TV Licensing cases know that they are present.
The VO should take the top copy (original) of the Record of Interview from the
prosecutor, if necessary, and give them the photocopy they received when
notified to attend (not Scotland).
1.8
The VO should bow to the Magistrates (Justices in Scotland) on entry to the
court, and stand up each time as the Magistrates enter or leave the courtroom.
The VO should be guided by the prosecutor regarding court etiquette.
PS-004 Ch 15
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 15) – Court Attendance and Protocol
Commercial In Confidence
Matter Proceeds
1.9
Where the defendant attends court and enters a ‘not guilty’ plea in a case for
which the VO will be giving evidence, the VO must leave the court room until
called to give evidence.
1.10
The Prosecutor will call for evidence, which is usually one Visiting Officer.
1.11
The VO should enter the witness box when requested and ensure they:
• Speak
clearly.
• Take the Oath / Affirmation.
• Tell the court their full name and that they are employed as (
Job Title)
by Capita Business Services, authorised by the Licensing Authority to
undertake TV Licensing work - Using the correct form of address.
• Request to be allowed to refer to their interview notes.
1.12
The defendant (or their solicitor) may then ask any relevant questions which
they may have of the witness. The prosecutor may then re-examine the
witness if necessary.
1.13
This procedure follows in respect of any other prosecution witnesses.
1.14
The VO must leave the witness box when allowed to do so.
When the VO is no longer required by the prosecutor and given permission,
they may leave the court (bowing to the Magistrates on exit).
1.15
No information must be given to the media. The procedures outlined in
Chapter 1, Section 7 are to be followed.
PS-004 Ch 15
Date Last Changed: 02/2007
Iss 3, Rev 3
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 16 – Section 1) – Requesting and Executing a
Search Warrant
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.2
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
1.3
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
1.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.5
Redacted under section 31 (“law enforcement”) of the Freedom of
Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Ch 16 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 16 – Section 1) – Requesting and Executing a
Search Warrant
Commercial In Confidence
1.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.7
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.8
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.9
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.10
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.11
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.12
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
1.13
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
PS-0004 Ch 16 Sect 1
Date Last Changed: 02/2007
Iss 3, Rev 4
Page 2 of 2
TV Licensing Visiting Procedures (Chapter 16 – Section 2) – Requesting and Executing a
Search Warrant
Commercial In Confidence
Execution of a Search Warrant
2.0
Glossary of terms
Search Warrant – a Search Warrant is issued by a magistrate and gives us the
legal right to search premises to gather evidence of suspected TV Licensing
evasion.
Notice of Powers and Rights – a document that provides an overview of the
powers and rights relating to the executing officer and the occupier. A copy must
be handed to the occupier.
Deposition – a statement made by a witness to support the Search Warrant
application.
2.1
Once legal approval has been given, the Warrant and Deposition will be
prepared and a licence check made. If there is still no licence on file, a Court
Presenter will attend court to apply for the Warrant. (In Scotland the Procurator
Fiscal normally signs the application at TV Licensing’s request. The VO or VM
will attend court to swear to the information). Prior to submission of the
application, a check
MUST be made to ensure that the person applying for the
warrant or swearing to the information provided is named on the BBC authority
list.
If the attendance at court to obtain the warrant is more than two days
after the last check to see if a licence is on file, the TVL Field Business
Centre must be contacted for a further licence check to be made prior to
swearing the information. This check must also be noted on the case papers.
If successful, the Warrant is issued. (In England, Wales and Northern Ireland
the Magistrate, in Scotland the Sheriff, will sign this.)
2.2
A Search Warrant is valid for one calendar month from the date of signature (28
days in Scotland) and may only be executed within that time. Whilst it may be
necessary to go to the address several times to find someone home, each
warrant will only authorise a single search of the premises. Redacted under
section 31 (“law enforcement”) of the Freedom of Information Act.
Each attempt
to execute the warrant must be noted on the papers. Once executed, the
papers are to be passed to the TVL Field Business Centre for the court to be
advised of the outcome.
2.3
To minimise the impact on normal operations Area Managers accompanied by a
VO should in normal circumstances execute search warrants.
On no account
must the warrant be executed without two officers being present. Normally
the two officers must be accompanied by a police officer. If the police are
unable to assist, in exceptional circumstances a warrant may be executed
without them. The police must confirm that they are not aware of risks that could
arise at that property. Permission to proceed must be sought and obtained from
The Director of Field, The Head of Legal Services and Head of Field Services at
the BBC.
2.4
Before each attempt to execute the warrant, the TVL Field Business Centre
must be contacted to confirm whether or not a TV licence has been
purchased for the address in question.
PS-0004 Ch 16 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 1 of 5
TV Licensing Visiting Procedures (Chapter 16 – Section 2) – Requesting and Executing a
Search Warrant
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
2.5
Arrangements
must be made with the Police for a constable to accompany the
execution of the warrant. The constable is there to ensure that a breach of the
peace does not take place, not to assist in the execution of the warrant. However,
legally the officer has the power to execute the warrant.
2.6
Police availability will be dependant on their operational commitments. It is
important to make contact with the appropriate police station as soon as the
warrant is issued to explain that help will be needed within the next 30 days to
execute that warrant. Attempts should then be made at this stage to agree a
mutually convenient time.
2.7
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.8
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act, the VO should arrange for an officer to be present at the Police station.
• Identification must be made to the civilian at the front desk and a request
must be made to speak to the duty Sergeant.
• Enquiries must be made with the officer in charge to verify if the Police
hold any information on the occupiers, which may indicate that they could
resort to violence.
• A review with the Police must be held to assess what measures can be
taken to reduce any risks.
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
• Because there is a risk that the occupiers could resort to violence, once
the door has been knocked, the police officer must stand between the two
attending officers and the occupier. Police have protective equipment and
are trained to deal with any threats of violence.
• If violence is offered or takes place the situation must be diffused prior to
proceeding.
2.9
No attempt is to be made by Capita staff to force access to premises. If any
person on the premises intentionally obstructs access either physically or fails to
assist by refusing to give personal details, that person is to be
cautioned and
advised that it is an offence which can lead to prosecution for obstructing the
execution of a Search Warrant.
Any comments made following the caution must be recorded in the usual way
and if possible and practical the notes offered for signature. A full report
must be
prepared and submitted with the case papers to allow consideration of further
action against the individual.
Should the occupant refuse to give their name to the VO when executing the
warrant, the accompanying constable should be asked to intervene and request
the information before the search begins. (Failure to give your name to a Police
constable when asked to do so is a separate offence.) The name & number of
the constable must be noted.
PS-0004 Ch 16 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 2 of 5
TV Licensing Visiting Procedures (Chapter 16 – Section 2) – Requesting and Executing a
Search Warrant
Commercial In Confidence
2.10
Due consideration must always be given to other peoples property and
human rights of all those present The warrant empowers us to enter
premises to gather evidence of a suspected offence of TV Licence evasion only.
2.11
If access is gained to the premises, a copy of the Warrant and the Notice of
Powers and Rights must be handed to the householder or left in a prominent
position on the premises. (Note - In Scotland, a copy of the Warrant is shown to
the householder, but no documents are left at the premises.)
2.12
If no TV is found, the TVL Field Business Centre and The Head of Legal
Services must be informed of the case immediately.
2.13
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
2.14
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
2.15
Redacted under section 31 (“law enforcement”) of the Freedom of Information
Act
2.16
Any search of the premises must cease once sufficient evidence has been
gathered. A Record of Interview is to be completed and the separate Search
Warrant Execution information sheet
MUST be prepared. The Visit Request
should be completed with the relevant reply code
.
2.17
Any persons who are present during the interview
MUST be noted on an
additional notes sheet. This includes the name of the accompanying officer,
Police Officers and others known to be present in the house. If it is not possible
to obtain the name of each person present, a description should be noted.
2.18
All papers relating to the visit are to be returned to the TVL Field Business
Centre who will advise the court as to the outcome of the warrant.
Multi-occupied premises
2.19
A Search Warrant for multi-occupied premises will only allow access to common
areas of the property. Those executing the search warrant will be informed in
advance if it is a known multi-occupied property. If the property is found to be
multi-occupied, permission must be sought to inspect individual units. If access is
refused to an individual unit, a further warrant would be required if evidence of
evasion was found.
PS-0004 Ch 16 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 3 of 5
TV Licensing Visiting Procedures (Chapter 16 – Section 2) – Requesting and Executing a
Search Warrant
Commercial In Confidence
PS-0004 Ch 16 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 4 of 5
TV Licensing Visiting Procedures (Chapter 16 – Section 2) – Requesting and Executing a
Search Warrant
Commercial In Confidence
2.20 Search Warrant Execution
No Receiving Apparatus
SW Sworn in at Magistrates/Sheriff Court
Licence Check
Warrant Executed
No receiving apparatus found and no code 8 taken
Regional Manager to be informed within 1 working hour of execution
Regional Manager to inform:
•
Head of Field Enforcement
•
Field Operations Director
•
Senior Legal Advisor
Within 1 working hour
Report from Regional Manager to be sent to Individuals above
detailing:
What happened during the search
What areas of the property were searched
Any evidence that would suggest apparatus had been removed or used
previously
Within 2 days of execution
PS-0004 Ch 16 Sect 2
Date Last Changed: 11/2007
Iss 3, Rev 6
Page 5 of 5
TV Licensing Visiting Procedures (Chapter 16 Section 3) – Requesting and
Executing a Search Warrant
2.20 Search Warrant Execution
No Receiving Apparatus
SW Sworn in at Magistrates/Sheriff Court
Licence Check
Warrant Executed
No receiving apparatus found and no code 8 taken
Visiting Manager to inform:
• Regional Manager within 1 working hour of execution
• Ops Support as soon as possible (same / next working day)
Regional M
anager to inform:
•
Head of Field Enforcement
• Field Oper
ations Director
•
Senior Legal Advisor
Within 1 working hour
Report from Regional Manager to be sent to Individuals above
detailing:
What happened during the search
What areas of the property were searched
Any evidence that would suggest apparatus had been removed or used
previously
Within 2 days of execution
PS-0004 Ch 16 Sect 3
Date Created: 13/02/2008
Iss 3, Rev 4
Page 1 of 1
TV Licensing Visiting Procedures (Chapter 17) – Suspicious Incidents and Allegations
Commercial In Confidence
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
1.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.2
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.3
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.4
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.5
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
2.6
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
3.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
3.1
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
4.0
Redacted under section 31 (“law enforcement”) of the Freedom of Information Act
PS-0004 Chap 17
Date Created: 02/2007
Iss 1, Rev 0
Page 1 of 2
TV Licensing Visiting Procedures (Chapter 18) – Definitions and Glossary of Terms
Commercial In Confidence
Words And Phrases Defined For The Guidance Of Visiting Officers
Adult
An adult is a person who is aged 18 years or older
178
(TVL178) the Record of Interview form
ARC
Accommodation for Residential Care
Redacted under
Redacted under section 31 (“law enforcement”) of the Freedom of
section 31 (“law
Information Act
enforcement”) of
the Freedom of
Information Act
BBC
The British Broadcasting Corporation.
CA Court
Administrator
CAM
Commercial Account Manager.
Capita
Capita Business Services Ltd, the company that has the contract to
administer the TV Licence for the BBC.
Redacted under
Redacted under section 31 (“law enforcement”) of the Freedom of
section 31 (“law
Information Act
enforcement”) of
the Freedom of
Information Act
CEE
Cash Easy Entry (A cash installment payment scheme for a TV
Licence, administered by RMS)
Certificate of
A document signed by the person who has served documents or
Service
notices on another to indicate the type(s) of documents served, the
method and date of service; e.g. personal service of a summons and
associated notices.
The Code for
The code is designed to make sure that everyone knows the principles
Crown
that the Crown Prosecution Service applies when carrying out its work.
Prosecutors
By applying the same principles, everyone involved in the criminal
justice system is helping the system to treat victims fairly, and to
prosecute defendants fairly but effectively
Comms Act
Communications Act 2003. This has replaced the 1949 Wireless
Telegraphy Act and some of the later legislation under which TVL
operates.
CP Court
Presenter
Deposition A
statement
made by a witness to support the Search Warrant
application.
PS-0004 Ch 18
Date Last Changed: 07/2006
Iss 3, Rev 2
Page 1 of 4
TV Licensing Visiting Procedures (Chapter 18) – Definitions and Glossary of Terms
Commercial In Confidence
Disabled
Suffering from severe physical incapacity
Diplomatic
Redacted under section 31 (“law enforcement”) of the Freedom of
Immunity
Information Act
Diplomatic
Redacted under section 31 (“law enforcement”) of the Freedom of
Status
Information Act
DV Detector
Van
DVD/DVDR
Digital Video Disc / Recordable Version
Redacted under
Redacted under section 31 (“law enforcement”) of the Freedom of
section 31 (“law
Information Act
enforcement”) of
the Freedom of
Information Act
Redacted under
Redacted under section 31 (“law enforcement”) of the Freedom of
section 31 (“law
Information Act
enforcement”) of
the Freedom of
Information Act
Evidence
All the legal means exclusive of mere argument which tend to prove or
disprove any matter of fact, the truth of which is submitted to judicial
investigation.
H&S
Health & Safety
Husband and
A married couple. In Monks v Pilgrim, following on from the indication
Wife
that a visitor should not be prosecuted, Mr Justice Lloyd went on to
say, "The position, however, as between husband and wife seems to
me to be different, and to be beyond any real doubt. Both are using
the television set if they switch it on or watch it, even if the television
set belongs to the one and not the other. They both use it, it seems to
me, if they switch it on or watch it, even though the licence has always
been paid for by the one or the other in the past. They are, therefore,
both capable of committing offences under Section 1 of the Act and
each can be separately charged".
Language
Inability to communicate effectively with other person (e.g. Visiting
difficulty
Officer).
Lodger
A person living at the premises (who is not the occupier or tenant)
generally on a temporary basis where the general possession of the
premises remains in the Landlord.
LASSY
Licence Administration Support SYstem
MBP
Monthly Budget Plan
PS-0004 Ch 18
Date Last Changed: 07/2006
Iss 3, Rev 2
Page 2 of 4
TV Licensing Visiting Procedures (Chapter 18) – Definitions and Glossary of Terms
Commercial In Confidence
MCP
Monthly Cash Plan (A cash installment payment scheme for a TV
licence, administered by RMS)
Notice of Powers A document that provides an overview of the powers and rights
and Rights
relating to the executing officer and the occupier. A copy must be
handed to the occupier.
PACE
Police and Criminal Evidence Act 1984.
PACE Codes
These are Codes of Practice issued by the Home Secretary providing
of Practice
instructions as to how interviews should be carried out. Section 67(9)
of PACE states that persons other than Police Officers were charged
with the duty of investigating offences shall in discharge of that duty
have regard to any relevant provision of such a Code. The Courts
have held that persons such as TV Enquiry Officers are in the position
of persons charged with the duty of investigating offences.
Payment
Any one of a number of schemes designed to assist the licensee to
Scheme
obtain a licence and cope with payments.
Search Warrant
A Search Warrant is issued by a magistrate and gives us the legal right
to search premises to gather evidence of suspected TV Licensing
evasion.
PayPoint
Over the counter provider for TV Licensing.
Purchase same
A licence purchased on the same day as the Enquiry Officer's visit.
day
This is not valid for any previous day
RM Regional
Manager
RMS
Revenue Management Services; the company that administers cash
installment payment schemes and savings cards for TV licences.
Section 9
Section 9 of the Criminal Justice Act 1967 (E&W) provides a procedure
Procedure
for the evidence of a witness to be given the form of written statement
(E&W)
rather than by oral evidence, in England & Wales.
Section 1
Section 1 of the Criminal Justice, Miscellaneous Provisions, Act (NI)
Procedure (NI)
1968 provides a procedure for the evidence of a witness to be given
the form of written statement rather than by oral evidence, in Northern
Ireland.
Section 12
Section 12 of the Magistrates Courts Act 1980 provides a procedure, in
Procedure
England & Wales, enabling a person to plead guilty without the
(E&W)
necessity of attending Court.
Short-dated
Amendment to the date of expiry originally inserted on a TV licence;
e.g. to allow recovery of revenue if there is a gap between the expiry
date of a previous licence and its renewal. A Licence is not, however,
PS-0004 Ch 18
Date Last Changed: 07/2006
Iss 3, Rev 2
Page 3 of 4
TV Licensing Visiting Procedures (Chapter 18) – Definitions and Glossary of Terms
Commercial In Confidence
valid prior to its date of purchase.
Redacted under
Redacted under section 31 (“law enforcement”) of the Freedom of
section 31 (“law
Information Act
enforcement”) of
the Freedom of
Information Act
Student
Normally a young person under 25 years of age living away from home
studying at University or some other place of Education.
Television
A licence authorising the installation and use of a television receiver.
Licence
The prosecution does not have to prove the Defendant had no licence
(Magistrates Courts Act 1980 Section 101).
Television
Any apparatus of a description specified in regulations made by the
Receiver
Secretary of State under Section 368 of the Communications Act 2003.
Video Recorder /
A machine for the recording and playback of televisual images
VCR
Visitor
A person who does not reside at the address.
VM
Visiting Manager, (previously referred to as Area Manager).
VO
Visiting Officer, (previously referred to as Enquiry Officer). For the
purposes of these instructions, VO also means all those people who
carry out TVL visits.
VPN
Visit Party Number
Withdrawal
Taking a case from the jurisdiction of the Court prior to any plea
having been entered. The Court should always be asked if the case
may be withdrawn. Should they for any reason refuse to allow a case
to be withdrawn, then the Officer should offer no evidence and the
case will be dismissed.
Young Adult
A person aged between 18 and 25 years.
PS-0004 Ch 18
Date Last Changed: 07/2006
Iss 3, Rev 2
Page 4 of 4
