Television Licences

Table of Contents

Requirement for Licence

Part IX of the Broadcasting Act 2009 made revised provision for television licences. The Minister may specify by order, individual rooms within premises which are to be regarded as separate premises for the purpose of television licensing.

A television set is an electronic apparatus capable of receiving and exhibiting television broadcasting services, broadcast for general reception. This applies whether or not its use for that purpose, is dependent on the use of anything else in conjunction with it.

Subject to exceptions, a person shall not keep or have in his possession anywhere in the State, a television save in so far as such keeping or possession is authorised by a television licence for the time being in force. The television must be kept in accordance with the terms and conditions of the licence. The provision does not apply to television sets which is of a class or description exempted by the terms of an order from the provision.

The Minister may, on payment of a prescribed fee issue a television licence, permitting a person to have possession of a television in a premises or specified place in the State. The television licence is to be in a form and for such period, subject to such conditions, as are prescribed by regulations. All licences for the keeping and possession of a television set granted under the previous legislation were continued for the remainder of the period of validity.

Licence Particulars

The Minister may by regulations prescribe in relation to all television licences or any particular class or classes of licences in respect of premises or specified places generally or different classes of such, all of the following matters:

the form of a licence,
the period of licence,
the manner and the terms on which and the periods for which a licence may be renewed,
circumstances under which the licence is granted,
terms and conditions to be observed by the holder of the licence,
circumstances in which a licence may be amended, suspended or revoked,
fees payable,
matters which the licence does not entitle or authorise the licence holder to do.

Provision may be made for different fees under the regulations in respect of different classes of premises or specified placed or relative to the number of television sets kept in the premises or specified place to which the licence relates. The financial aspects requires the consent of Minister for Finance.

Collection and Administration

An Post or a person designated by the Minister may act as the Minister’s agents as regard to the grant of television licence and collection of fees. The Department of Social Protection is involved in the issue of a lifetime television licences in accordance with the free or subsidised television licence scheme.

The agent may collect fees in respect of television licence and identify unlicensed television sets. Summary proceedings may be brought and prosecuted by the agent for an offence under the legislation.

The agent shall maintain and furnish data and information, in such format, as the Minister may require. The issuing agent shall pay amounts recovered to the Minister promptly.

Enforcement

An agent appointed by the Minister may appoint persons to be officers of the agent. They shall be given a certificate of their appointment and produce such certificates for inspections on request by a person affected.

An officer of an agent may enter at any reasonable time any premises or specified place for the purposes of ascertaining whether there is a television licence for the time being in force in respect of the premises or place, authorising the keeping of a television set at the place.

An officer of the agent may request any person in the premises or at the place where he finds a television set or evidence of such, to produce the television licence for the time being in force in respect of the premises or specified place for inspection.

Notice for Declaration

An officer of an issuing agent may, if he thinks proper so to do, cause a notice in writing with a prescribed declaration annexed to be given personally or served by registered post on, any person requiring that within 21 days he state on the form of declaration,

whether or not he has a television set in his possession,
if he keeps or has in his possession a television set, the premises at which it is kept and whether or not he has a television licence;
if he has such a licence, the number and date or an identifying number and
any other matter relating to the possession of a television licence or any apparatus used in possession with it.

The declaration must be sworn and completed and sent in return to the issuing officer. Where a person fails to complete and return the declaration within 21 days, it is presumed, he is presumed to have a television set and no television licence. It is an offence to make a false or misleading statement in the completion of the statement/declaration.

Fixed Penalty Notices

There is provision for a fixed penalty for failure to have a television licence. An officer may deliver a notification in writing, to a person he believes keeps or is in possession of a television licence at a specified place, setting out the relevant requirement. Where he has reasonable grounds for believing a person is committing or has committed an offence, he may serve a fixed payment notice in a prescribed form.

It will allege the offence is being committed and state that that the person addressed may during the period of 21 days from the issue of the notice, make a payment of the amount specified and accompanied by evidence of having obtained a television licence in respect of the premises and place to which the notice relates.

In this case, prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice. If payment is made, and evidence of having obtained a valid television licence in respect of the premises or place to which the notice is given, no prosecution in respect of the alleged offence is made.

Where notice is given above, the person to whom the notice apply may, during the specified period, make the payment and give evidence of having obtained a television licence. No prosecution shall be initiated for the offence, if payment is made during the specified period, and the requisite evidence is given.

A fixed payment notice shall not be served on the person unless at least two reminder notices have issued to the person and a period of 28 days has elapsed since the issue of the first notification, and subsequent to that period, a period of 28 days has elapsed since the issue of the second notice.

Licences After Notices

Provision is made for prosecution of offences in respect of failure to hold the television licence in respect of possession of a television set. Where a person has received a first notification and the person has held the licence within the previous 12 months, any renewal takes effect from the expiration of the previous licence.

This is unless the person can satisfy the agent that he was not in possession of a television set at the premises or place during a material time after expiration of the licence or where he has not held a licence, the licence takes effect from the date of notification or such later date as the issuing agent may decide.

Where a person has received a first reminder notification obtains a licence after the notification, which is not in accordance with the above exception, the licence is deemed to have effect from the date of expiration of the previous licence or the first notification or such later date as the issuing agent may decide. The issuing agent may alter the licence accordingly.

The agent may recover, as a simple contract debt, any fee owing by a person in respect of a licence which has not been obtained to keep a television set at a specified place or time.

Offences

It is an offence to keep, have in one’s possession or use a television set without a television licence. In the case of a first offence, the fine is up to €1000 and in the case of a second or subsequent offence, a fine of up to €2,000.

Payments received are to be paid to the Exchequer in accordance with the directions by the Minister for Finance. In a prosecution for an offence e, the onus of proving that the payment pursuant to the notice has been made lies on the defendant.

The appropriate amount is an amount being one-third of the amount of the television licence or where greater than one-third of the maximum amount of the fine to which the person is liable on summary conviction, such amount being not more than one-third of the amount of that fine, as prescribed. Different amounts may be prescribed in respect of different classes of cases.

Prosecutions

Summary prosecutions for an offence may be brought by the Minister or the issuing agent. In a prosecution for an offence where it is shown that a television set was at a particular premises or place on a particular day, it shall be presumed, until the contrary is shown, that on that day the television set was in the possession of the person who was then occupier of the premises or place concerned.

In a prosecution for an offence in which it appears that a person kept or had in his possession a television licence at the time to which the prosecution relates, it is presumed, until the contrary is shown, that he did not have at that time, a television licence then having effect ,and licensing him to keep the same the television in his possession. The occupier of a premises means a person who is owner, tenant or otherwise is in occupation, whether solely, jointly or severally, of the premises.

Where an offence is committed by a body corporate with the consent or connivance or attributable to any neglect on the part of any director, manager, secretary or other similar officers, or of any person purporting to act in such capacity, he as well as the body corporate, commits an offence and is liable to be proceeded against accordingly.