# Search warrant for tv licence



## alexandra123

Hello,

I am just enquiring. I am about to get rid of my TV as I am sick of watching it and I want to do without it for a couple of months. My licence expires at the end of this month. 

I contacted the tv licence department today by mail who confirmed that I only need a TV licence if I possess a TV and not if I dont. 



		Code:
	

If there is no TV set at a premises, you do not need a TV Licence.
You also don't need a licence just for having an aerial.

There are no radio licences anymore.


When the inspector calls - I don't feel overly comfortable letting them into my home especially when I live on my own. Does anyone know how long it normally takes for them to come back with a search warrant ? When it is proved that I do not own a TV anymore will  the mails  and calls still keep coming or do they stop after the 1st visit that shows no TV at the specified address ?

A guard can only produce a search warrant - is this correct  and he should be in uniform ?


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## Time

Normally a uniformed Garda will execute the search warrant with the inspector.

It usually takes them a few days to get a warrant, it is not major crime. 

They may stop the letters for a while but expect hassle once a year from them.


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## roker

Where are you putting your TV? a few years ago I ended in court because I tried the same thing, the TV was store out of site behind wardrobe, and they said that they viewed a TV on my premises, when the justice ask for more details, they said they could view it through a crack between wardrobes; I was also told by the postmaster that I had to take my aerial down also


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## alexandra123

I was going to store it in a locked shed adjacent to the premises !


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## RichInSpirit

I used to get letters years ago addressed to "the occupant" .I wrote back a few times signing myself "the occupant" saying I had no tv. Eventually a young licence inspector called and I told him I had no tv and invited him in to have a look, but he accepted my word and declined to come in. I never got any more letters since.


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## ajapale

Moved from  Homes and gardens to  Other financial issues.


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## Bronte

Instead of putting TV's in sheds, why not put it out the front of the house on a dry day and write 'FREE' on it.

Alexandra, why on earth would you be waiting for a summons.  Invite the inspector in and prove you have no TV.  Simple solution.


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## briste

Having a TV on your premises, wherever it is (including a locked shed), means you have to have a license.

The only way around it is to get someone else to store it or to sell it or give it away.


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## 10amwalker

I too do not have a TV however I am so sick of them sending letters and calling to my apartment. I did fill out one of the declarations that I do not have a TV licence however only the other day the licence inspector called again. I was not in and he left a card.

Previously I invited him in too and he has accepted that I do not have a TV but does not stop the written communication arriving.
I really feel harassed by them...


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## Bronte

10amwalker said:


> I too do not have a TV however I am so sick of them sending letters and calling to my apartment. I did fill out one of the declarations that I do not have a TV licence however only the other day the licence inspector called again.


 
Maybe you should do what the guy in England did, and write to them telling them you're going to charge for your time in answering them if they don't stop.  He won his case.


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## Leper

Let's dispel the myths here. Believe it or not I worked as a TV Licence Inspector for years.
1. I have never heard of anybody prosecuting anybody for a tv set abandoned behind a wardrobe.
2. Nobody was ever prosecuted either for having just a tv aerial.
3. Search Warrants are not easy to obtain. There are certain criteria which must be kept before you can even think of getting a search warrant. When a warrant is obtained, a member of An Garda Siochána must accompany the TV Licence Inspector.
4. TV Licence Inspectors by nature have only to concentrate of premises that have no TV Licence whether there is a TV set or not. Such is the nature of the business.
5. You have to live with the letters. If you dont have a TV set just bin them. If a TV licence Inspector calls just inform him/her that you have not TV set. You dont have to leave anybody into your house/apartment unless they have a search warrant.
6. Believe it or not, TV Licence Inspectors are human and dont want hassle.


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## Bronte

Maybe Leper's post should be a key post on TV licences, it never ceases to amaze me the amount of people who don't watch TV on AAM.  

In relationt to point 5 Leper, wouldn't it be better to let the inspector in to stop the constant visits?


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## dub_nerd

I'm not renewing my TV license this month. I e-mailed them to say I would not have a TV set from the renewal date, and they are sending out a statutory declaration for me to sign. I have a Sky dish which I will not be taking down (no reason to). I'll be getting rid of the Sky box and three TVs and replacing with computer monitors.

I don't know what happens next, but I can tell you I won't be the slightest bit disturbed if I get letters (which will just go in the bin) or calls from an inspector. There is an e-mail address for your local TV licencing office on the An Post TV licence website, which is where I notified them I wasn't renewing. I'll do them the courtesy of mailing them each time I ever get a letter -- if they want to add to my administrative burden, I am happy to repay them in kind, and an e-mail is free.


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## dub_nerd

Btw, OP, if you only get rid of your TV for a couple of months and then try to buy a license under the same name/address, I am pretty sure they will try to backdate it to the end of your current licence. It might be different if you make a statutory declaration (not sure).


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## Kev

I could not received digital TV when my landlord contractors did not connect me back to it correctly.  I contacted the licensed people to get  refund as I paid a year in advance.  I was told by them that there was no need to get rid of my TV as and I  use it for games such as Wii etc.  I was also told that I could not watch live TV on my my laptop, but could watch any programm on it 3 minutes after the programm has finished live on the air.  I never miss a program now as I watch catchup on my laptop anywhere in my home 3 minutes after it has finished live on TV.  No more TV license for me again. This is in the UK BTW.


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## Time

> 2. Nobody was ever prosecuted either for having just a tv aerial.


Thanks for confirming that. The nay sayers on many other sites swear that people have been successfully prosecuted in the past on this point alone.


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## roker

Leper; I was taken to court in Cobh for having my TV set behind the wardrobe, I was also told to taken down my aerial by the postmaster


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## dub_nerd

roker said:


> Leper; I was taken to court in Cobh for having my TV set behind the wardrobe, I was also told to taken down my aerial by the postmaster


 
Weird. Can't see how the postmaster even has the authority to tell you to take down an aerial, quite apart from he's wrong on the law.


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## dub_nerd

Kev said:


> I could not received digital TV when my landlord contractors did not connect me back to it correctly. I contacted the licensed people to get refund as I paid a year in advance. I was told by them that there was no need to get rid of my TV as and I use it for games such as Wii etc. I was also told that I could not watch live TV on my my laptop, but could watch any programm on it 3 minutes after the programm has finished live on the air. I never miss a program now as I watch catchup on my laptop anywhere in my home 3 minutes after it has finished live on TV. No more TV license for me again. This is in the UK BTW.


 
Got to be careful here. The law in the UK is quite different. There you are allowed to have a TV as long as you don't use it for live TV. Here, TV on the premises = TV license needed. Also, in the UK you can get a refund for a part year used, here the instalment option is a convenience -- you are always liable for a full year.

My plan here in Ireland is to watch my chosen programs on a high quality computer monitor via a media player. Programs are downloaded from Irish and UK broadcasters' "players" using various entirely legal techniques. Oh, and they're advertising free, even the Irish ones. I won't miss live TV at all.


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## amtc

The law refers to 'an apparatus capable of receiving a television signal'. I worked in An POst, and a colleague of mine who did exactly what you are proposing was prosecuted.


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## dub_nerd

amtc said:


> The law refers to 'an apparatus capable of receiving a television signal'. I worked in An POst, and a colleague of mine who did exactly what you are proposing was prosecuted.


 
Was it prior to 2009?

Broadcasting Act 2009, Part 9, section 140 "definitions" - 

“_*television set*_” means any electronic apparatus capable of receiving and exhibiting television *broadcasting services* broadcast for general reception... 

Part 1, section 2 "definitions" - 

“*broadcasting service*” means a service which comprises a compilation of programme material of any description and which is transmitted, relayed or distributed by means of an electronic communications network, directly or indirectly for simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and where the programmes are provided in a pre-scheduled and linear order, but _*does not include*_:

(a) a service provided in a non-linear manner where each user of the service chooses a programme from a catalogue of programmes, or

(b) other audio and audiovisual _*services provided by way of the Internet*_;


(emphases mine)


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## Kev

roker said:


> Leper; I was taken to court in Cobh for having my TV set behind the wardrobe, I was also told to taken down my aerial by the postmaster



What if the person was living in flats with the one aerial for that block does it mean that all the residents will be affected if the aerial has to taken down. Also what about other equipment such a video players and blue ray, say if a person wanted to view personal recording such as weddings on a discs or video.

What a draconian law to say the least, it is not the TV has to go but it renders all other equipment useless as well.   

People now use their iPhone to view TV anywhere now where there is a free digital signal connection.


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## dub_nerd

You don't need a license for an aerial, dish, rabbit ears, coat hanger etc.
You don't need a license for watching downloaded TV programs, or programs over the internet, as long as you don't watch it on a television (i.e. a device capable of receiving and showing live broadcasts).


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## Time

That sums it up nicely.


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## Eogon1

I don't have a TV,got a letter the other day saying a inspector seen one on my premises.really had enough of the threats I'm thinking of going to court to get it resolved.


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## Leper

Eogon1 said:


> I don't have a TV,got a letter the other day saying a inspector seen one on my premises.really had enough of the threats I'm thinking of going to court to get it resolved.


Hi Eogon1, If what you are saying is correct, you have nothing to fear.  For the record a TV Licence Inspector must interview you before any prosecution can take place. The Inspector must also see the television set.

In the unlikely case that you are prosecuted you will be put on the stand and you will be asked to swear that the evidence you will give will be the truth.  In all my years prosecuting people I have never seen anyone prosecuted who did not have a television set. 

Let's say that the TV Licence Inspector gives evidence that he saw a tv set where there was none; roll up your sleeves, you're in line for a defamation claim and will laugh all the way to the bank.


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## inaquandert

but you can watch live tv on a laptop - I thought you had to have a tv licence if you had a laptop in the house???? even if you had no tv set


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## 44brendan

inaquandert said:


> I thought you had to have a tv licence if you had a laptop in the house???? even if you had no tv set


Nope!!


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## thedaddyman

44brendan said:


> Nope!!



Not 100%correct, from the TV Licence FAQ's

* Do I require a TV Licence for a computer which can access television-like services (e.g. the RTÉ Player or streaming services) over the Internet?*

 A. No. So long as the computer is unable to display television channels distributed by conventional television broadcasting networks (i.e cable, satillite, IPTV, analogue terrestrial, digital terrestrial or MMDS) e.g. using a television tuner card or similar device, then there is no requirement to hold a Television Licence.


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## AlbacoreA

dub_nerd said:


> ...My plan here in Ireland is to watch my chosen programs on a high quality computer monitor via a media player. Programs are downloaded from Irish and UK broadcasters' "players" using various entirely legal techniques. Oh, and they're advertising free, even the Irish ones. I won't miss live TV at all.



Out of curiosity do you have a better means of watching RTE player streams without using their truly abysmal website & apps? 
Any sort of hiccup and it repeats the lengthy ads over and over. Unusable. On some apps I think it skips the ads?


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## Leo

AlbacoreA said:


> Out of curiosity do you have a better means of watching RTE player streams without using their truly abysmal website & apps?



Not legally, so not to be discussed here.


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## Marigold77

I had a very nasty card left by An Post once as I have a digiweb broadband satellite dish and apparently someone reported it as a TV dish. I educated them by email. Then I reminded them that as I am on benefits etc they have always given me a TV licence although I have no TV and never will have. Then I demanded the name of the " informer" and  it all stopped... I am amazed they ever get organised enough to prosecute anyone as they got my address wrong.


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