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Charitable Collection Permits

A general guide to the law and requirements for obtaining a Collection Permit.

Regulations made by Fareham Borough Council with regard to Street Collections

In pursuance of Section 5 of the Police, Factories etc (Miscellaneous Provisions) Act 1916, as amended by section 251 and schedule 29 of the Local Government Act 1972, Fareham Borough Council hereby makes 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 Borough of Fareham 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 "collection" shall be construed accordingly; "promoter" means a person who causes others to act as collectors; "permit" means a permit for the 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; "collection 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 Borough of Fareham unless a promoter shall have obtained from the Fareham Borough Council 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; Fareham Borough Council may reduce this period if satisfied that there are special reasons for doing so.
  4. No collection shall be made except upon the day and between the hours stated on the permit.
  5. The Fareham Borough Council may, in granting a permit, limit the collection to such street 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 such person duly authorised to collect shall produce written authority forthwith for inspection on being requested to do so by a duly authorised officer of Fareham Borough Council or any Constable.
  7. No collection shall be made in any part of the carriageway of any street which has a footway. Fareham Borough Council may, if it thinks fit, allow the 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 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. Fareham Borough Council may, if it thinks fit, waive the requirements of this regulation in respect of a collection which has been authorised to be held 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 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. All collectors shall deliver, unopened, all collecting boxes in their possession to a promoter.
  13. A collector shall not carry or use any collecting box, receptacle or tray which does not bear, display prominently thereon, the name of the charity or fund which is to benefit nor any collecting box which is not duly numbered.
  14.  
    1. Subject to paragraph b) below a collection box shall be opened in the presence of a promoter and another responsible person.
    2. Where a collecting box is delivered, unopened, to the 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.  
    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 person connected with the promotion, or in respect of, services connected therewith.
  16.  
    1. Within one month after the date of any collection the person whom a permit has been granted shall forward to Fareham Borough Council:
      1. a statement in the form set out in the Schedule to these Regulations, or in the form to the like effect, showing the amount received and such expenses and payments incurred in connection with such a collection, and certified by that person and either a qualified accountant or an independent responsible person acceptable to Fareham Borough Council;
      2. a list of the collectors;
      3. a list of the amounts contained in each collecting box;
      4. and shall, if required by Fareham Borough Council, satisfy it 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 the certificate under paragraph ai) above, has been given, publish in such newspaper or newspapers as Fareham Borough Council may direct, a statement showing the name of the charity or fund to benefit, the date of collection, the amount collected, and the amount of the expenses and payments incurred in connection with such collection, Fareham Borough Council may, if it thinks fit, waive the requirements of this paragraph in respect of a collection in which the total amount collected does not exceed £100.
    3. The Fareham Borough Council may, if satisfied there is a special reason for so doing, extend the period of one month referred to in paragraph a) above.
    4. For the purposes of the Regulation "a qualified accountant" means a member of one or more of the following bodies:
      1. the Institute of Chartered Accountants in England and Wales;
      2. the Institute of Chartered Accountants in Scotland
      3. the Association of Certified Accountants;
      4. the Institute of Chartered Accountants in Ireland.
  17. These Regulations shall not apply:
    1. in respect of a collection taken at a meeting in the open air; and
    2. to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade.

 

 

These Regulations shall come into operation upon expiration of a period of one month beginning with the date on which they are confirmed by the Secretary of State. They shall have effect in substitution for those contained in the Schedule to the Charitable Collections (Transitional Provisions) Order 1974 and adopted by Fareham Borough Council on 18 February 1974, which, as having effect by virtue of that adoption, are hereby revoked.

If you would like any further information please email us or contact the Licensing Team on Tel 01329 236100 ext 4366.



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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
Tel: +44 (0) 1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0) 1329 821770
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