Street Collection Guidance Notes

Introduction

A street collection permit is required for any collection in a public place. This includes collections which may take place on private land, accessed by the public. As well as obtaining a permit you may also need to obtain permission from the land owner to collect on private property. One example of this may be a collection in a supermarket doorway.|

We ask that all applications for a street collection permit are made no more than twelve calendar months prior to the collection, however applications must be submitted no later than one calendar month before.

Please familiarise yourself with the Regulations below - these apply to all Street Collection Permits issued and regulate the collection and management of funds raised.

Regulations made by Elmbridge Borough Council regarding Street Collections

In exercise of the powers conferred upon it by Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, as amended by Section 251 of the Local Government Act 1972 and Schedule 29 to that Act, Elmbridge Borough Council has made the following Regulations with respect to the places where and the collections under which persons may be permitted in any street or public place within the Borough of Elmbridge 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 collector;
   "The Licensing Authority" means the Elmbridge Borough 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 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 Elmbridge unless a promoter shall have obtained from Elmbridge 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. Provided that Elmbridge Borough Council may reduce the period of one month if satisfied 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. Elmbridge Borough Council may, in granting a permit, limit the collection to such streets or public places or such parts thereof 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 forthwith for inspection on being requested to do so by a duly authorised officer of Elmbridge Borough Council or any police constable.
7. No collection shall be made in any part of the carriageway of any street which has a foot way; provided that Elmbridge Borough Council 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 any person.
9. No collector shall importune any person to the annoyance of such person.
10. No collector shall, without the consent of Elmbridge Borough Council, be accompanied by an animal other than a Guide Dog.
11. 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 Elmbridge 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 in connection with a procession.
12. 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.
13. (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 possession to a promoter.
14. 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.
15. (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, it may be opened by an official of the bank.
    (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.
16. (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 Elmbridge Borough Council.
17. (1) Within one month after the date of any collection the person to whom a permit has been granted shall forward to Elmbridge Borough Council:
    (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 promoter 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 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 a qualified accountant has given his certificate under paragraph (1)(a) above, publish in such newspaper or newspapers as Elmbridge Borough Council 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 or sale, the amount collected and the amount of the expenses and payments incurred in connection with such collection.
    (3) Elmbridge Borough Council may, if satisfied there are special reasons for so doing, 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 of Scotland;
    The Institute of Certified Accountants;
    The Institute of Chartered Accountants in Ireland.
18. 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.
19. 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 (currently £200).

Apply for a Licence

Where a licence is required either:

• |Complete and pay online - street collection application form
• |Download street collection application form
• |Download street collection form of statement return

Appeals

There is no statutory right of appeal where a Street Collection Permit is refused.

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