Snigs - YES!!! Licence holders are only entitled to use the radio equipment for which they are authorised whilst in the course of carrying out their duties. For example, an airline pilot is authorised to use radio whilst he is flying and carrying out his duties, but he is NOT entitled to go home and listen to the air bands. The same applies to air traffic controllers. As for why scanner users are not prosecuted it's all down to money and the disgusting state of this country. There used to be effective policing of the airwaves but, alas, no longer.
Dan L - for someone who claims to be a "wannabe pilot" you need to accept facts and to understand that on here there are many professional people who know what they are talking about. When/if the time comes for any airline interview... if those on the other side of the desk saw your postings on here they probably wouldn't invite you into the room!