Charity collections

By virtue of the powers conferred upon them by the Police, Factories etc. (Miscellaneous Provisions) Act 1916, Plymouth City Council hereby make the following Regulations with respect to the places where and the conditions under which persons may be permitted in any street or public place within the City of Plymouth to collect money or sell articles for the benefit of charitable or other purposes.

(1) In these Regulations, unless the context otherwise requires:

‘Collection’ means a collection of money or a sale of articles for the benefit of charitable or other purposes and the word ‘collector’ shall be construed accordingly.

‘Promoter’ means a person who causes others to act as collectors. ‘The Licensing Authority’ means Plymouth City Council

‘Permit’ means a permit for a collection

‘Contributor’ means a person who contributes to a collection and includes a purchaser of articles for the sale for the benefit of charitable or other purposes

‘Collecting box’ means a box or other receptacle for the reception of money from contributors

(2) No collection, other than a collection taken at a meeting in the open air, shall be made in any street or public place within the City of Plymouth unless a promoter shall have obtained from the Licensing Authority a permit.

(3) Application for a permit shall be made in writing not later than one month before the date on which it is proposed to make the collection. The Licensing Authority may reduce the period of one month if satisfied that there are special reasons for doing so.

(4) No collections shall be made except upon the day and between the hours stated in the permit.

(5) The Licensing Authority may, in granting a permit, limit the collection to such streets or public places or such parts thereof as it thinks fit.

(6):

• No person may assist or take part in any collection without the written authority of a promoter.
• Any person authorised under paragraph (1) above shall produce such written authority forthwith for inspection on being requested to do so by a duly authorised officer of the Licensing Authority or any constable.

(7) No collection shall be made in any part of the carriage way of any street which has a footway provided that the Licensing Authority may, if it thinks fit, allow a collection to take place on the said carriage way where such collection has been authorised to be held in connection with a procession.

(8) No collection shall be made in a manner likely to inconvenience or annoy any person.

(9) No collector shall importune any person to the annoyance of such person.

(10) While collecting:

• A collector shall remain stationary; and
• A collector or two collectors together shall not be nearer to another collector than 25 metres. Provided that the Licensing Authority may, if it thinks fit, waive the requirements of this Regulation in respect of a collection which has been authorised to be held in connection with a procession.

(11) No promoter, collector or person who is otherwise connected with a collection shall permit a person under the age of sixteen years to act as a collector.

(12):

• Every collector shall carry a collecting box.
• All collecting boxes shall be numbered consecutively and shall be securely closed and sealed in such a way as to prevent them being opened without the seal being broken.
• All money received by a collector from contributors shall immediately be placed in a collecting box.
• Every collector shall deliver, unopened, all collecting boxes in his / her possession to a promoter.

(13) A collector shall not carry or use any collecting box, receptacle or tray which does not bear, displayed prominently thereon, the name of the charity or fund which is to benefit nor any collecting box which is not duly numbered.

(14):

• Subject to paragraph (2) below, a collecting box shall be opened in the presence of a promoter and another responsible person.
• Where a collecting box is delivered, unopened, to a bank, it may be opened by an official of the bank.
• As soon as a collecting box has been opened, the person opening it shall count the contents and shall enter the amount with the number of the collecting box on a list which shall be certified by that person.

(15):

• No payment shall be made to any collector.
• No payment shall be made out of the proceeds of a collection, either directly or indirectly, to any person connected with the promotion or conduct of such collection for, or in respect of, services connected therewith, except such payments as may have been approved by the Licensing Authority.

(16) :

• Within one month after the date of any collection, the person to whom a permit has been granted shall forward to the Licensing Authority:
  • a statement in the form set out in the Schedule, to these Regulations, or in a form the like effect, showing the amount received and the expenses and payments incurred in connection with such collection, and certified by that person and a qualified accountant;
  • a list of the collectors;
  • a list of the amounts contained in each collecting box; and
  • shall, if required by the Licensing Authority, satisfy it as to the proper application of the proceeds of the collection.

• The said person also, within the same period, at the expense of that person and after a qualified accountant has given his certificate under paragraph (1) (a) above, publish in such newspaper or newspapers as the Licensing Authority may direct a statement showing the name of the person to whom the permit has been granted, the area to which the permit relates, the name of the charity or fund to benefit, the date of the collection, the amount collected, and the amount of the expenses and payments incurred in connection with such collection. (It is suggested that the statement be inserted in either the Western Morning News or the Western Evening Herald).

• The Licensing Authority may, if satisfied there are special reasons for so doing, extend the period of one month referred to in paragraph (1) above.

• For the purpose of this Regulation ‘a qualified accountant’ means a member of one or more of the following bodies:
  • The Institute of Chartered Accountants in England and Wales The Institute of Chartered Accountants in Scotland
  • The Association of Certified Accountants
  • The Institute of Chartered Accountants in Ireland

(17) These regulations shall not apply:

• in respect of a collection taken at a meeting in the open air; or
• to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade.

(18) Any person who acts in contravention of any of the foregoing regulations shall be liable on summary conviction to a fine not exceeding level one on the standard scale or in the case of a second or subsequent offence not exceeding level one on the standard scale.

The above Act and the Regulations made there under contain important provisions for the regulation of house to house collections for charitable purposes, and prescribe fine and / or imprisonment for offences against the act or the regulations.

1. Except in the cases specified in paragraphs 3 and 4:

No collection in any locality for a charitable purpose may be made unless the promoter is licensed by the Licensing Authority for the area comprising that locality, and the collectors are authorised by the promoter.

• Application for a licence must be made in the prescribed manner. The Licensing Authority cannot grant a licence for a period longer than twelve months and may refuse a licence, or where granted, may revoke it, in circumstances specified in the act.

There is a right of appeal to the Secretary of State against the refusal or the revocation of a licence, within fourteen days from the date on which notice is given of the refusal or the revocation.

• Where the Secretary of State is satisfied that a person pursues a charitable purpose throughout the whole, or a substantial part, of England and Wales, and is desirous of promoting collections for that purpose, the Secretary of State my by order direct, in effect, that such person shall be exempt from the requirement to obtain licences from the Licensing Authority, as respects all collections for that purpose in such localities as may be described in the order.
• If the chief constable for the Police Area comprising a locality in which a collection for a charitable purpose is being, or proposed to be made is satisfied that the purpose is local in character, and that the collection is likely to be completed within a short period, he may grant to the person who appears to him to be principally concerned in the promotion of the collection a certificate in the prescribed form; and where a certificate is so granted, a licence from the Licensing Authority is not required, and the provisions of the Regulations (as to which see paragraph 5 below) shall not apply to a collection made in conformity with such Certificate.
• Regulations have been made by the Secretary of State under the act. The regulations include the following, amongst other provisions:
  • Every promoter of a collection must exercise all due diligence to secure that persons authorised to act as collectors are fit and proper persons; and to secure compliance by collectors with the regulations.
  • No promoter of a collection shall permit any person to act as a collector unless he/she has issued to that person:
    • A prescribed Certificate of Authority;
    • A prescribed badge; and
    • If money is to be collected, a collecting box marked, or a receipt book (with receipts and counterfoils or duplicates consecutively numbered) marked on every receipt, with a general indication of the purpose of the collection, and a distinguishing number.

• In the case of a collection in respect of which a licence has been granted, every prescribed Certificate of Authority shall be given on a form obtained from HM Stationery Office, and every prescribed badge shall be so obtained.
  • No person under the age of 16 years shall act or be authorised to act as a collector of money.

• No collector shall importune any person to the annoyance of such person, or remain in or at the door of, any house if requested to leave by any occupant thereof.

• The promoter of a collection must, within one month of the expiry of the licence, furnish an account of the collection in the form prescribed to the Licensing Authority or the secretary of state, as the case may be.

Definitions:

• “Charitable Purpose” means any charitable, benevolent, or philanthropic purpose.

“Collection” means as appeal to the public, made by means of visits from house to house, to give, whether for consideration or not, money or other property; and

“Collector “ means a person who makes the appeal in the course of such visits. “House” includes a place of business.

“Proceeds” means, in relation to a collection, all money and all other property given, whether for consideration or not, in response to the appeal.

“Promoter” means a person who causes others to act as collectors for the purposes of the collection.

Further Information:

• For further information, reference should be made to the Act and Regulations which are obtainable from HM Stationery Office, P.O. Box 276, London, SW8 5DT, or through any bookseller.
• Enquiries in connection with these matters may also be addressed to:

Plymouth City Council
Licensing team, Public Protection Service
Ballard House
West Hoe Road
Plymouth
PL1 3BJ