The process is thus:
Firstly, it isn't the BBC, it's Capita on behalf of TV Licensing.
They send an agent to your property.
They hope you will either:
let them in or Buy a license.
AT THIS POINT: They are sales people, nothing more. They're no different to a window company or a charity collector.
TELL THEM NO AND CLOSE YOUR DOOR
...
It is now the agent can gather evidence.
They can take photos from public areas, so paths roads etc. and they can film from public areas etc. and they can write a witness statement to say whatever.
AT THIS POINT:
they have to send all evidence to a judge for the judge to decide if they have enough for a warrant.
If the judge decides there's enough for a warrant, they'll issue a warrant. If the judge says not enough evidence, they'll refuse a warrant.
How much evidence is needed? That's for the judge to decide.
If the agents return with a warrant, demand to see it, they should have a copy for you. (Some people say it has to be wet signature, but it doesn't, a stamped warrant is valid)
It is ONLY at that point you MUST let them in or you could face 'breach of warrant' charge.
Let them in, be polite ,they often bring police officers to ensure no breach of the peace. Don't ask the police officer to help you, there isn't much they can legally do to help.
The agent will enact the warrant and inspect TVs etc in your home.
now... Should they turn a telly on and it's tuned into BBC1 or some other channels live broadcast.. You're in the muck.
If, however, they turn your telly on and its just a menu screen for a Smart TV with apps listed, they might open an app or two. If they open the iPlayer app it shouldn't be logged in. Better yet, the app shouldn't be there and should be deleted.
You can't hinder them in their execution of the warrant and, as I recall, there is a line in the warrant / law that suggests you should provide reasonable assistance. So just show them the TVs and such and as long as you've been honest and proper, you should be absolutely fine.
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Now
Here's what I would suggest to everyone.
Inform Licensing you don't need a license, do it online.
Make sure your TV can't be seen from the street or road, should the agents visit they'll not see a screen to photograph. And if they try and say they did see one, they're lying and you can prove it.
IF AN AGENT VISITS - don't tell them to fuck off, don't yell, don't scream, don't get angry. Just follow these simple steps,
"Who are you?"
"TV Licensing"
"No thank you"
CLOSE THE DOOR
(Btw - If someone knocks your door and refuses to identify themselves at the door, if they just repeat 'are you the occupier?' or 'do you live here?' then refuse to speak to them and close the door. If they ask 'are you Mrs insert name?' never say yes, always ask who they are. If they refuse to identify themselve, close the door. Etc)
And, if you have the capacity, always ALWAYS film the interactions.
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Finally.
If you do get salesmen, if you do get a warrant and they do believe you've been watching TV and they do try and prosecute ... GO TO COURT...
Did you know. A LOT of the people that get found guilty don't even bother to fight it in court? They don't even go. They just ignore it and before they know it, the fine is on their mat and they're guilty.
Don't do it. Go to court, fight, get up in front of a judge and defend yourself.
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Tl;Dr
BBC licensing is actually Capita, a private company, they've no powers without a warrant.
Just close the door to them.
Fight them in court should you have to.
😃👍🏻