Charitable Collections Policy

3.1: Buckinghamshire Council, as the Licensing Authority, is empowered under section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, as amended by the Local Government Act 1972, to license collections made in “any street or public place within their area” for “the benefit of charitable or other purposes”. It is unlawful to hold a street collection for the benefit of charitable, benevolent or philanthropic purposes, without first obtaining a street collection permit from the Council.

3.2: ‘Street’ is defined as including any highway and any public bridge, road, lane, square, court, footway, passage or alley whether a thoroughfare or not.

3.3: ‘Public place’ is defined as “a place to which the public has access”. The public place need not be in public ownership and includes shopping centres and entrances to shops.

3.4: Charitable collections that take place inside a shop, store, supermarket or other business at the discretion of the manager or relevant person do not require a street collection permit provided that collectors remain inside the premises and do not collect outside on the premises frontage or car park, even where the outside area is in private ownership. Where a charitable collection takes place outside the premises, on the premises frontage or car park a street collection permit would be required together with the consent of the land owner even if the outside area is privately owned.

3.5: Street collection permits authorise both the collection of money for charity and the sale of charitable items in a public place, which is exempt from the requirement of a street traders licence under Schedule 4, Part 2(i) of the Local Government (Miscellaneous Provisions) Act 1982.

3.6: The collection of direct debit mandate information is not covered by street collection legislation, although Site Management Agreements with the Chartered Institute of Fundraising (CIoF) are in place for Aylesbury and High Wycombe town centres. The agreements specify the days, times and locations that fundraisers are permitted to collect direct debit information.

3.7: Any charitable collection of money or sale of items held in conjunction with a pedlar’s licence will not be permitted without an appropriate street collection permit having been issued by the Council.

3.8: Moving collections such as carnival processions and other similar events involving the collection of donations from the public along a route will require a street collection permit.

3.9: An application for a street collection permit must be made on the Council’s prescribed form. Applications must specify the proposed location/s of the collection. More than one location can be applied for on the requested date of collection.

3.10: Applications for a street collection permit will be considered and dealt with on “first-come, first served” and case by case basis.

3.11: Applications for a street collection cannot be made more than twelve months in advance of the collection date and a minimum of 28 days notice must generally be given between the application and the proposed date of collection. This requirement may be waived in exceptional circumstances (such as national or international disasters) at the discretion of the Licensing Manager.

3.12: In order to ensure that all charities are given equal opportunities, street collection permits will generally only be issued for one day, per quarter for any charity. However, the Council will consider deviating from this policy in the pre-Christmas period (from the 1st December), or for other significant cultural or calendar events, or during an annual nationwide campaign.

3.13: It is expected that the benefitting charity will be registered with the Charities Commission.

3.14: A copy of the written agreement or letter of authorisation between the benefiting charity and the street collection organiser must be provided with the application.

3.15: Where the proposed collection is to take place outside a store or supermarket, written permission from the landowner or appointed person must be provided with the application.

3.16: Where the proposed collection is to take place within an enclosed Shopping Centre, written permission from the management company must be provided with the application.

3.17: Evidence of public liability insurance cover of £5 million must be provided with the application. In a case where permission is sought for an animal to be used during a street collection the insurance policy must specifically include the use of animals in connection with the collection. In addition, a health and safety risk assessment relating to the use of an animal at the proposed location at the time and date of the collection must also be supplied.

3.18: The use of animals in conjunction with street collections is discouraged. Each application will be treated on its own merits but applications are likely to be subjected to additional scrutiny and further information is likely to be required, specifically in terms of ensuring the welfare of any animals participating in the collection.

3.19: Deductions for travel expenses to and from the place of collection will not be permitted.

3.20: Any application for street collection permits relating to outdoor challenge sponsorship events will be considered on a case by case basis in order to assess whether the proportion of funds collected to be applied to the activity costs comply with the statutory requirement that 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 the collection.

3.21: The street collection permit must be retained and provided to a member of the public, police officer or authorised officer on request.

3.22: Any money collected must be retained in a suitable container and in line with the Regulations set out at Appendix 3 of this policy.

3.23: Any collector must be aged 16 or over.

3.24: Collections will generally only be permitted within town or village centres and other commercial areas such as out of town shopping centres or service stations.

3.25: In order to prevent nuisance to visitors and businesses, only one street collection will be permitted in each area on any given day.

3.26: Collections will generally only be permitted between the hours of 08:00 and 20:00.

3.27: In line with the Site Management Agreement agreed with the CIoF, street collection permits will generally only be issued for Wycombe town centre on Tuesdays, Fridays, Saturdays and Sundays.

3.28: In line with the Site Management Agreement agreed with the CIoF, street collection permits will generally only be issued for Aylesbury town centre on Wednesdays, Thursdays, Fridays and Saturdays.

3.29: The sale of small society lottery tickets under the authorisation of a street collection permit is only permitted where:

• specific permission to do so has been granted by the Licensing Authority
• the organisation holds a valid small society lottery registration
• the sale of tickets will only take place from behind a counter or stall
• the lottery tickets have been printed in accordance with the requirements of the Gambling Act 2005 and associated Regulations
• the sale of the tickets will be in accordance with any relevant Gambling Commission code of practice
• proof of public liability insurance of £5 million has been provided with the application

3.30: A street collection or sale of items held in conjunction with a pedlar’s licence will not be permitted within the Council area without an appropriate street collection permit having been issued by the Council.