Street Collection Guidance Notes

Licensing Team, Capswood, Oxford Road, Denham, Bucks, UB9 4LH
Direct Line: 01895 837373 or 837325 / 837222
Switchboard: 01895 837200
Direct Fax: 01895 837399
E-mail: licensing@southbucks.gov.uk

Street Collections
The Police, Factories, etc. (Miscellaneous Provisions) Act 1916 as amended by the Local Government Act 1972 authorises local authorities to, within their district, regulate collections with respects to the places where and the conditions under which persons may be permitted in any street or public place to collect money or sell articles for the benefit of charitable or other purposes.

A brief Guide
The Licensing team have compiled these notes purely to give guidance to those wishing to apply for a street Collection Permit. They are not a full and authoritative statement of the law and do not constitute professional or legal advice. The council does not accept any liability or responsibility for any errors, omissions or misleading statements on these pages

Definitions
For the purposes of the street collection regulations and for these guidance notes, unless the context otherwise requires,

'Street'includes any highway and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not.

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

'Promoter'means any person who causes others to act as collectors.

'The Licensing Authority'means the South Bucks District Council.

'Permit'means a permit for collection.

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

'Collecting Box'means a box or other receptacle for the collection of money from contributors.

Who Needs to Apply?
Any Person who wishes to collect money or sell articles for the benefit of charitable or other purposes is required to apply for a collection permit. No collection shall be made unless a promoter has first obtained a permit from the relevant Licensing Authority.

When do I need to Apply?
A collection or sale which is to be held on any highway and public bridge, road, lane footway, square, court, alley or passage, whether a thoroughfare or not will require a permit. A collection, which is to take place within a private building, for example a supermarket, does not require a permit. However, if you wish to hold a collection standing in the entrance of a private premises and solicit contributions from passers by then a permit will be required.

If you are planning on holding a collection outside the entrance to a supermarket authority will need to be obtained from them. Likewise if you wish to hold a collection or sale at the Town Council Green in Beaconsfield you will need to contact the Town Clerk for authority to collect. This authority is needed in addition to a street collection permit and a collection or sale cannot take place without a permit issued by South Bucks District Council.

At What time should I apply for a Permit?
The application form to apply to hold a collection should be received at the council offices no later than 7 days prior to the proposed collection date. Although every effort is made to meet preferred dates we do experience a high volume of applications for Saturday collections. We process applications by date of receipt so it is best to return your application forms as soon as possible

Applications received less than 7 days before the proposed collection date will only be accepted after prior arrangement with the Licensing Team. It is the applicants' responsibility to ensure that they are in possession of a Street Collection Permit before their collection or Sale may take place.

Please Note: We are unable to issue permits for the following year until the September of the current year.

How Do I Apply For a Permit?

1. Obtain a Street Collection Permit Application Form and a copy of the Regulations. These are available to download from our website or by contacting the Licensing Team.
2. Read the Regulations fully. If there are any queries relating to these regulations please contact the Licensing Team for further clarification. It is important that you understand these regulations and your responsibilities as in signing the application form you will be agreeing to comply with them.
3. Go to the list of Street Collection Permits issued on the South Bucks website to check that the dates you want is available and has not already been allocated to another charity.
4. Complete the form entering all details and answering all questions. Please make sure that your address and daytime telephone number are correct so that we are able to contact you if required.
5. Sign and date the form only once you have read and understood all conditions.
6. Send the completed form with any supporting information about your charity or organisation to the Licensing Team.

When will I receive my Permit?
On receipt of your application form we will check that the form is completed correctly and that the date(s) requested are still available. If we are not able to issue a permit for your requested date(s) we will contact you with some alternatives.

If all is satisfactory a permit will be issued with a further copy of the regulations and a 'form of statement' return form, please see the 'Return of Accounts' section of this booklet for more information.

Where Can I Collect?
South Bucks District Council issues street collection permits for locations within the following areas; Beaconsfield, Gerrards Cross, Denham, Fulmer, Hedgerley, Farnham Common, Farnham Royal, Stoke Poges, Burnham, Taplow, Dorney, Wexham, Iver, Iver Heath and Richings Park. Permits can also be issued for the whole district.

How Many Permits are issued in each area?
Only one permit will be issued per area per day.

How Many Collections can I hold in a year?
Currently South Bucks District Council do not limit the number of collections a charity or promoter can hold in one calendar year. We do however ask all permit holders to be reasonable with the applications that they intend to make and ask that they only request permits for dates which they will be realistically able to hold a street collection or sale.

What do I do if a collection is cancelled?
If the collection is cancelled in advance, for example due to lack of volunteers, we request that the council be notified and the issued permit be returned to us so that we may issue another permit for the vacated date. In this case no further paperwork relating to this collection will be required.

If the council does not receive notification of the collection cancellation or if the collection does not take place due to unforeseen circumstances, like inclement weather, we require a statement of form to be returned within one month of the cancelled collection date showing 'nil' entries along with a short covering letter explaining the reasons for the cancelation.

The Collection and Collectors

Who may take part in the collection?

1. No person may assist or take part in any collection without the written authority of the promoter and this person shall produce such written authority for inspection on being requested to do so by a duly authorised officer of the licensing authority or any constable.
2. 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.

What receptacle can I use for the collection?

1. Every collector shall carry a collecting box
2. 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. 
3. All money received by a collector from contributors shall immediately be placed in a collecting box.
4. Every collector shall deliver, unopened, all collecting boxes in his/her possession to a promoter. 
5. A collector shall not carry or use any collecting box, receptacle or tray which does not display prominently the name of the charity or fund which is to benefit nor any collecting box which is not numbered.

     Open buckets are NOT a suitable collection receptacle.

Collection receptacles for Sales?
We appreciate that in the case of a sale where change is likely to be needed it is not possible to have sealed collection boxes. In this case we ask the promoter to use their discretion when complying with these regulations. However, if a collection takes place alongside a sale the receptacles used for the collection will need to comply fully.

Can I get paid for collecting?
The regulations state that 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 other 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.

How should collectors conduct themselves?

1. No collection shall be made in a manner likely to inconvenience or annoy any person.
2. No collector shall importune any person to the annoyance of such person.
3. While collecting  

• a collector shall remain stationary, and       
• a collector or two collectors together shall not be nearer to another collector than 25 meters.

Processions
The Licensing authority may, if it thinks fit, waive the requirements of (a) and (b) above in respect of an authorised procession.

Opening Collection receptacles
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 a bank official.

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.

Returns - Form of Statement

What details do I need to supply with my Form of Statement return?
Within one month after the date of any collection, the person to whom a permit has been granted will need to forward to South Bucks District Council the following;

1. A Form of Statement, available from the Licensing Team showing the amount received and the expenses and payments incurred in connection with the collection. The Permit holder and a qualified accountant must certify this return.

For the purposes 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

A list of the collectors along with a list of the amounts contained in each collecting box.


2. Within the same one month period, at the expense of the permit holder, and after a qualified accountant has given his/her certificate under paragraph, publish in a local newspaper for the area 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.
   
   The following newspapers cover the South Bucks District
   
   Bucks Free Press - Beaconsfield Area, Maidenhead Advertiser - Taplow, Slough Observer - Iver/ Iver Heath, Slough Express - Iver / Iver Heath / Stoke Poges / Burnham, Bucks Advertiser - Beaconsfield, / Gerrards Cross, Bucks Examiner - Beaconsfield, Uxbridge Gazzette - Denham

Exemptions
These regulations shall not apply in respect of a collection taken at a meeting in the open air to the selling of articles in any street or public place when the articles sold are in the ordinary course of trade.
 
Collection Locations
Applications can be made for collections at the following locations

• Beaconsfield
  Old Town - to include London End, Wycombe End, Windsor End and Aylesbury End.
  
  Station Road - to include Maxwell Road shops (excluding Sainsburys).  Starting at Hughes of Beaconsfield and ending at the railway. Including Boots, WH Smith and Marks & Spencer and all shops south of the Railway.
  
  Sainsbury's - within the confines of the Sainsbury's Car Park (please don't forget to seek permission from Sainsbury's)
  
  Penn Road - to include area to the front of the Town Council Green & Penn Road shops north of the Railway. (Please don't forget to seek permission from Beaconsfield Town Council / Waitrose)
  
  Holtspur - Outside all retail premises in Holtspur Top Lane, Heath Road & Mayflower Way.

• Taplow
  Sainsbury's - within the confines of the Sainsbury's Car Park (please don't forget to seek permission from Sainsbury's)
  
  The Bishop Centre - within the confines of the Bishop Centre Car Park (please don't forget to seek permission from The Bishops Centre)
  
  Permits can also be issued for the following areas:Burnham, Denham, Dorney, Farnham Common, Farnham Royal, Fulmer, Gerrards Cross, George Green, Hedgerley, Iver, Iver Heath, Lent Rise, Richings Park, Stoke Poges and Wexham.

Regulations made by the South Bucks District Council with regard to Street Collections

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 the South Bucks District Council

'Permit' means a permit for a collection

'Contributor' means a person who contributes to a collection and includes a purchaser of articles for sale for the benefit of charitable or other purposes
       
'Collecting box' means a box or other receptacle for the collection 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 South Bucks District unless a promoter has obtained a permit from the licensing authority.


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 - providing that the licensing authority may reduce the period of one month if satisfied that there are special reasons for so doing.


4. No collection 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 street or public place or such parts as it thinks fit.


6. (1) No person may assist or take part in any collection without the written authority of a promoter
   
   (2) Any person authorised under paragraph (1) above shall produce such written authority 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 carriageway of any street which has a footwayprovided that the licensing authority may, if it thinks fit, allow a collection to take place on the said carriageway 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) a collector shall remain stationary, and
    (b) 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. (1) Every collector shall carry a collecting box
    
    (2) 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.
    
    (3) All money received by a collector from contributors shall immediately be placed in a collecting box
    
    (4) 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 display prominently the name of the charity or fund which is to benefit nor any collecting box which is not numbered.


14. (1) Subject to paragraph
    
    (2) below a collecting box shall be opened in the presence of a promoter and another responsible person        
    (2) Where a collecting box is delivered, unopened to a bank, if may be opened by a bank official
           
    (3) 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. (1) No payment shall be made to any collector.

(2) No payment shall be made out of the proceeds of a collection, either directly or indirectly, to any other 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. (1) 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) a statement in the form set out in the Schedule to these regulations, or in a form to 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
    
    (b) a list of the collectors
    
    (c) a list of the amounts contained in each collecting box and shall, if required by the licensing authority, satisfy the authority as to the proper application of the proceeds of the collection.
    
    (2) The said person shall also, within the same period, at the expense of that person and after a qualified accountant has given his/her certificate under paragraph (1) (a) above, publish in a local newspaper for the area 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.
    
    (3) The licensing authority may, if satisfied there are special reasons for doing so extend the period of one month referred to in paragraph (1) above.
    
    (4) For the purposes 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
    
    (a) in respect of a collection taken at a meeting in the open air; or
    
    (b) 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 1 on the standard scale or in the case of a second or subsequent offence not exceeding level 1 on the standard scale.