Thanks for the advice all , so with a TV capable of receiving broadcasts which doesn't have the antenna cable in and hasn't been tuned in I still have to pay to be on the safe side I guess.
It's not good to risk getting fines and stuff with my job.
I really wish the TV license was done properly so you subscribe to free view or something with your license details so people like me can opt out if we want to. I see it as a TV tax propping up an organisation I don't want anything to do with. Shame.