House to House Collections Guidance Notes

Introduction

|Collections made by means of visits from house to house are governed by the House to House Collections Act, 1939, and the House to House Collections Regulations, 1947 (as amended). The legal definition of 'collection' is an appeal to the public, made by means of visits from house to house, to give, whether for consideration or not, money or other property. This means that collections e.g. clothing and direct debit fundraising, will also need to be licensed. The term 'house' includes a place of business.

This guidance explains the circumstances in which a licence is required from Elmbridge Borough Council as the licensing authority and the responsibilities of persons promoting or taking part in such collections.

It is important for organisers of collections to understand their obligations as the Act and Regulations prescribe fines and/or imprisonment for offences.

Exemptions

There are two exemptions from licensing under the Act. The first is where the collection is local and the police are satisfied it will be carried out within a short period of time and the other is where an exemption certificate is issued by the Secretary of State, usually to a national charity.

Please note: Those with exemptions are required to notify the licensing authority of the exemption and the location and dates of their house to house collection.

Applying for a Licence

Applications for a licence must be made to the licensing authority not later than the first day of the month before the month when it is proposed the collection will take place. We advise that before making an application contact should be made with Environmental Health & Licensing to check that the dates of the collection are available.

Where a licence is required either:

• |Complete and pay online - house-to-house collection application form

or, download an application form below, complete in full and return to the Licensing Officer, Environmental Health & Licensing, Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10 9SD.

• |Download house-to-house application form

Once a collection has finished, a return or Statements of Income and Expenditure should be completed and sent to Environmental Health & Licensing within four weeks of the collection taking place.

• |Download house-to-house form of statement return

Conduct of Collections

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 of the area comprising that locality, and the collectors are authorised by the promoter.
2. 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.
3. 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 may by Order direct, in effect, that such person shall be exempt from the requirement to obtain licences from the Licensing Authority, as respect all collections for that purpose in such localities as may be described in the Order.
4. 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) shall not apply to a collection made in conformity with such Certificate.
5. Regulations have been made by the Secretary of State under the Act.
   The Regulations include the following amongst other provisions:
   (a) 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.
   (b) No promoter of a collection shall permit any person to act as a collector unless he has issued to that person:
   (i) a prescribed certificate of authority;
   (ii) a prescribed badge; and
   (iii) 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 clear indication of the purpose of the collection, and a distinguishing number.
   (iv) Every prescribed certificate of authority and badge shall be returned to the promoter when the collection is complete or at any other time on the demand of the promoter.
   (c) 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 The Stationary Office Ltd, PO Box 29, Norwich, NG9 1GN and every prescribed badge shall be so obtained.
   (d) No person under the age of 16 years, shall act or be authorised to act as a collector of money.
   (e) 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.
   (f) The promoter of a collection must furnish an account of the collection in the form prescribed by the Licensing Authority within one month of the completion of the collection.

Fees

There is no fee for an application for a House to House Collection Licence.

Definitions

• 'Charitable purpose' means any charitable, benevolent or philanthropic purpose, whether or not the purpose is charitable within the meaning of any rule of law.
• 'Collection' means an appeal to the public, made by means of visits from house to house, to give, whether for consideration or not, money or other property.
• 'Collector' means, in relation to a collection, 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 made.
• 'Promoter' means, in relation to a collection, a person who causes others to act, whether for remuneration or otherwise, as collectors for the purposes of the collection.

Appeals

The Council may decide to refuse a licence, or revoke a licence which has already been issued. There is a right of appeal to the Secretary of State within fourteen days from the date on which notice is given of the refusal or the revocation.

Grounds for refusal of a licence are:

1. Where the amount of money which is likely to go to the Charity is not enough in relation the monies collected
2. Where the organisers intend to keep too much of the proceeds
3. Where the issuing of a licence would facilitate begging
4. Where an applicant is not fit and proper as he/she has committed an offence of assault, robbery, burglary, blackmail or, offences around a street collection. A licensee must also ensure that any collector 'employed' by him is also fit and proper.
5. Where the applicant does not give enough information to the Authority on the previous matters as is reasonably required.

Will Tacit Consent (automatic approval if the Council does not decide on your application in time) Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.

Consumer Complaints

We would always advise that in the event of a complaint contact is made with the trader/business proprietor by you - preferably in the form of a letter (with proof of delivery). If that has not worked, if you are located in the UK, |Consumer Direct will give you advice. From outside the UK contact the |UK European Consumer Centre.

Additional sources of information including Trade Associations

None