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Information Rights
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T. Jackson
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 1 June 2016
Dear T. Jackson,
Request for Information – RFI20160939
Thank you for your request of 1 May 2016 under the Freedom of Information Act 2000 (‘the Act’)
seeking the following information:
According to my records the BBC has previously released a copy of the TV Licensing
Court Presenters' Manual, which is a thoroughly engrossing read. I believe it was released
in response to RFI20151337.
The contents page of that document indicates that the following Appendices exist:
A. Justice of the Peace article - Regina v Dew (lodger);
B. Liverpool judgment Liverpool Magistrates 2003;
C. Associated Octel Co Ltd, R v. [1996] EWCA Crim 1237;
D. Copy transcript Campbell v Strangeways (licence not valid prior to purchase);
E. Copy transcript Monks v Pilgrim (husband and wife equally liable);
F. Copy transcript Rudd v DTI (inference of use);
G. Pickering v Miller judgment Guildford Magistrates 2003;
H. Blake, R v [1996] EWCA Crim 729;
I. Policy for TV Licensing Prosecutions;
J. Communications Act 2003 - Part 4;
The information contained within those Appendices, which the BBC presumably holds as it
has released the parent document, was not disclosed in response to RFI20151337.
In accordance with section 1 of the Freedom of Information Act 2000, please provide ALL
information contained within the Appendices listed above.
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to
administer the collection of television licence fees and enforcement of the television licensing
system. The majority of the administration of TV Licensing is contracted to Capita Business
Services Ltd (‘Capita’). Over-the-counter services are provided by PayPoint plc (‘PayPoint’) in the
UK, and by the Post Office in the Isle of Man and Channel Islands. Marketing and printing services
are contracted to Proximity London Ltd. Media services are contracted to Media Planning Limited
trading as Havas Media UK. The BBC is a public authority in respect of its television licensing
functions and retains overall responsibility.
Firstly I can confirm that the TV Licensing Court Presenters' Manual was disclosed in response to
request RFI20151337 and the BBC’s response and disclosure documents are published on the
What Do They Know website at
https://www.whatdotheyknow.com/request/case_law_relating_to_tv_licensin#incoming-703629. As explained in that response, please note that the documents listed in the ‘appendices’ to which
you refer do not in fact form an appendix. The referenced documents are not provided to court
presenters as part of the manual or circulated at all but rather are a list of additional reference
material.
Documents C, H and J are available online and therefore already in the public domain. As the
BBC’s response to request RFI20151337 contains web-links to the published sources, please refer
to that response for these details. Similarly, a redacted version of document I was disclosed in the
same response; therefore this document - together with the BBC’s reasons for withholding certain
parts of it - is also available on the What Do They Know website.
The response to RFI20151337 also confirmed that documents B and G are held by the BBC.
However, this information was withheld under a number of exemptions in the Act. I consider that
these documents remain exempt for the same reasons outlined in the BBC’s previous response.
With regard to the remainder of the documents referenced in the Appendix, I shall address these
below.
Document A
I can confirm under section 1(1) of the Act that we do hold the requested information. However,
this article is taken from the Justice of the Peace law report, which is a monthly publication that is
exclusively accessible via a paid for legal subscription service provided by LexisNexis.
Consequently, I am withholding this information under section 43(2) of the Act because the
release of this document would be likely to prejudice the commercial interests of LexisNexis.
I am satisfied in terms of section 2(2) of the Act that in all the circumstances of the case, the public
interest in maintaining the exemptions outweighs the public interest in disclosing the information.
I have provided further explanation of my consideration of the public interest test in the section
‘Why information has been withheld’ below.
Documents D, E and F
The documents you have requested are attached as Disclosure Documents 1, 2 and 3,
respectively.
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Why information has been withheld
As section 43 is a qualified exemption, I am required by section 2(2) of the Act to assess whether
the public interest in maintaining the exemption outweighs the public interest in disclosing the
information.
The BBC accepts that there is always a public interest in transparency, accountability and public
understanding in respect of TV Licensing’s operations. In this particular case the following factors
are in favour of disclosure:
1. ensuring that the licensing authority is exercising its functions appropriately and
proportionately; and
2. to promote public understanding of its enforcement of the television licensing system.
However, I consider that the above public interest factors in favour of disclosure are adequately
addressed by the following:
1. The substantial amount of information which the BBC publishes about TV Licensing’s
operations in its Annual Report and Accounts; on TV Licensing’s website
(www.tvlicensing.co.uk); and in TV Licensing’s Annual Review publications (
www.tvlicensing.co.uk/about/our-performance-AB6); and in the National Audit Office’s
annual Licence Fee Settlement Statement released at the end of each financial year.
2. The BBC Trust is specifically tasked under Article 24(2)(m) of the BBC Charter with
ensuring that the arrangements for the collection of the Licence Fee are efficient,
appropriate and proportionate.
3. TV Licensing’s functions are subject to external review through reports of the Comptroller
and Auditor General to the House of Commons and directions given by the Treasury.
4. The BBC is required to satisfy the National Audit Office ('NAO') as to the value for money
of the collection and enforcement arrangements and is accountable for the economy,
efficiency and effectiveness of such arrangements. The NAO's most recent audit is
published at www.nao.org.uk.
5. The BBC has reduced the cost of collection from 6.2% of the total licence fee collected in
1991/2, when it took over this responsibility from the Home Office, to below 2.7% for the
financial year 2014/15. This demonstrates that the TV Licensing system is being efficiently
run.
In addition, the following factors are in favour of withholding the information:
1. That the competitive position of companies in their particular market is not disadvantaged
by the unilateral disclosure of information by the BBC.
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2. Releasing information under the Act that is of commercial value to LexisNexis would
undermine its position as exclusive supplier of that information via a paid for subscription
service.
3. This would undermine its commercial relationship with its subscribers – such as higher
education law libraries and solicitors firms – who access that information for an agreed
subscription fee.
In this instance, I consider that the public interest is served by ensuring that LexisNexis’ provision
of services is protected. I am therefore satisfied, in terms of section2(2) of the Act, that in all the
circumstances of the case, the public interest in withholding the information outweighs the public
interest (outlined above) in disclosing the information.
Appeal Rights
If you are not satisfied that the BBC has complied with the Act in responding to your request you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review under the Act and including your
reference number. If you are not satisfied with the internal review, you can appeal to the
Information Commissioner. The contact details are: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF. Tel: 0303 123 1113 (local rate) or 01625 545 745
(national rate) or s
ee http://www.ico.org.uk/.
Kind regards
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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