COMMERCIAL IN CONFIDENCE
BBC
TELEVISION LICENSING
WITHDRAWAL OF THE IMPLIED
RIGHT TO ACCESS POLICY
(WOIRA)

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COMMERCIAL IN CONFIDENCE
[Internal detail removed]
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COMMERCIAL IN CONFIDENCE
1.
Purpose
1.1
To state the BBC’s policy on the steps taken when people notify the
BBC or TV Licensing that they have withdrawn the implied right of
access (WOIRA) to their property by TV Licensing and its agents.
2.
Scope
2.1
This policy sets out the procedure for:
• receiving notice of WOIRA;
• encouraging customers to provide their name for Data
Protection purposes;
• the differences between the treatment of notice of WOIRA for
licensed and unlicensed properties;
• the enforcement process for unlicensed addresses where notice
has been given; and
• detection and search warrant procedures at WOIRA addresses.
2.2
This policy applies to residential and non-residential addresses.
2.3
Treatment of those who claim WOIRA at an address on the basis it
does not need a licence is further detailed in the No Licence Needed
Policy.
3.
Definitions
3.1
“Implied Right of Access”  –  an implied right for  a person who has
legitimate business with the occupier to walk through an unlocked gate
to the entrance of a property.
3.2
“WOIRA” – withdrawal of the implied right of access.
3.3
“Notice of WOIRA” – a notification of withdrawal of the implied right of
access (email, letter, telephone call or verbal y via a face to face
contact) to the BBC or TV Licensing.
3.4
“WOIRA Address”  -  an address where the Authorised Person  has
notified TV Licensing of their withdrawal of the implied right of access.
3.5
“Authorised person”  –  a person with the power to withdraw the
implied right of access i.e. the occupier of an address.
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3.6
“WOIRA status” – the record made of a notice of WOIRA against an
address, which results in the suppression of  visits,  subject to clause
7.3.
4
General Principles
Right of access
4.1
It is well established that an implied right of access to a property exists
for those that have a legitimate reason to be on the property. This
implied right allows the caller to come to the front door/gate if they have
legitimate business with the occupier. If they are asked to leave then
the implied right no longer applies. Enquiry officers have a legitimate
purpose for their visits, to collect and enforce the TV Licence and
accordingly have an implied right of access.
Trespass
4.2
Requests to withdraw the implied right of access must be respected1
as TV Licensing Enquiry Officers would be committing trespass if they
visited the address after the right of access had been withdrawn. The
implied right can only be withdrawn by someone who has the authority
to do so i.e. the occupier of the property.
Name not required
4.3
There is no legal requirement to provide a name when someone
withdraws the implied right of access. However, TV Licensing wil
always request a name as this  is  the best way of ensuring we are
corresponding with the occupier. The occupier has the power to
withdraw the right and we wish to ensure, as far as is possible, that
TVL is in contact with the correct person. By recording the occupant’s
wishes against their name, TVL maintains an adequate and accurate
database in accordance  with data protection  law.  This is also a
preferred approach, as for unlicensed properties who give notice of
WOIRA, there is an increased likelihood of detection. TV Licensing wil
continue contact via correspondence to confirm that it is stil  the same
occupier.  If a person responds to a letter addressed to the occupier
then that is taken as confirmation that the person is the occupier or has
the authority of the occupier.
1 Except in Scotland, where the law of trespass is different.  This means WOIRA is not recognised and
WOIRA claims for Scottish addresses wil  not be processed.
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5.
WOIRA notification
5.1
TV Licensing may receive a notice of WOIRA via either:
o letter
o email
o telephone
o verbally when an enquiry officer is told by an occupant that he has
withdrawn the implied right of access.
5.2
Upon receipt of a WOIRA notification, written acknowledgement, which
will  include  an explanation of what wil  happen as a result of the
WOIRA status,  wil  be sent to the individual by TV Licensing.   The
acknowledgement letter wil  provide them with a reference number
which  they wil  be advised they should quote when contacting TV
Licensing in order to transfer their WOIRA to a new address.
5.3
As noted in 4.3  above, TV Licensing wil  always request a name to
record the wishes of the individual against their name for Data
Protection reasons. The name wil  be marked against the address for
this purpose.
5.4
Regardless of whether a name is provided, once the occupant at an
address has notified the BBC or TV Licensing of the withdrawal of the
implied right to visit, a WOIRA status wil  be applied (see 3.6) within
the timeframes defined in 7.1.
5.5
As withdrawing the implied right of access may be a potential method
of evasion, unlicensed WOIRA addressees wil  be eligible to be sent
mailings2. This is part of TV Licensing’s approach to these addresses
to ensure it upholds its duty to collect and enforce the licence fee.
Other enforcement methods may be used as necessary.
6.
Visiting addresses
6.1
Addresses  with a current WOIRA status must not be visited except
under the authority of a search warrant (see 4.2 Trespass).
6.2
Addresses wil  become available for visits again under a limited number
of circumstances – see 7.3 for details.
2 Please note that addresses with a WOIRA status may receive a standard mailing referring to a visit if either 1)
circumstances change at an address but the customer who claimed WOIRA hasn’t notified TVL of the change or 2)
where a customer does not respond to TVL mailings. Despite the suggestion in such mailings that a visit may occur
the address wil  not in fact receive a visit.
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COMMERCIAL IN CONFIDENCE
7.
WOIRA Status
7.1
Once a notice of WOIRA for an address has been received, and in the
case of written communications, once the notice has been reviewed,
we endeavour to apply a WOIRA status  within  3  working days to
prevent the address being visited.
7.2
Individuals are entitled to withdraw the right to visit for an indefinite
period.  However, as circumstances can change, e.g. when people
move  house, TV Licensing needs to ensure that a WOIRA status
recorded against an address  continues  to be accurate. An  enquiry
letter asking if the situation remains the same may be sent to WOIRA
status properties periodically.
7.3
The WOIRA status against an address may be removed-
• If TV Licensing receives no response to communications
OR
• If TV Licensing receives data that indicates the person who
withdrew the implied right of access is no longer at the address.
7.4
If individuals with a WOIRA status contact TV Licensing to say they are
moving  and request the transfer of their WOIRATV Licensing wil
transfer the WOIRA status to their new address. This will prevent visits
to the new address.   Providing the  individual  gives  us their  WOIRA
reference number  (which  the acknowledgement letter wil  request)  or
their old address the WOIRA status wil  also be removed from the old
address, which wil  help ensure our records are kept up-to-date.
8.
Detection and Search Warrant Procedures
Given that TV Licensing is unable to visit WOIRA status addresses, detection
and search warrants wil  be used as necessary and appropriate.
8.1
A WOIRA status  wil  remain in place regardless of the results of
detection but addresses may stil  be visited if a search warrant is
obtained by TV Licensing.
8.2
Detection wil  be carried out in accordance with the BBC Policy on the
Authorisation and Operation of Detection Equipment under the
Regulation of Investigatory Powers Act 2000.
8.3
Search warrants wil  be executed in accordance with the Capita Search
Warrant Policy.
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