How to apply for a street collection licence

In pursuance of section 5 of the Police, Factories etc (Miscellaneous Provisions) Act 1916, as amended by section 251 and Schedule 29 to the Local Government Act 1972, Hinckley & Bosworth 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 Hinckley & Bosworth Borough to collect money or sell articles for the benefit of charitable or other purposes.

 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 Hinckley & Bosworth Borough Council
• Permit means a permit for a collection
• Contributor means a person who contributes to a collection and includes a purchase 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

Collections

• 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 Hinckley and Bosworth unless a promoter has obtained a permit from the Licensing Authority
•  Application for a permit must made in writing not later than one month before the date on which it is proposed to make the collection, provided that the Licensing Authority may reduce the period of one month if satisfied that there are special reasons for so doing
• No collection shall be made except upon the day and between the hours stated in the permit
• The Licensing Authority may, in granting a permit, limit the collection to such streets or public places or such parts as it thinks fit
• No person may assist or take part in any collection without the written authority of a promoter. Any person authorised under the permit must produce this written authority for inspection on being requested to do so by a duly authorised officer of the Licensing Authority or any police officer
• No collection shall be made in any part of the carriageway of any street which has a footway, provided 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
• No collection shall be made in a manner likely to inconvenience or annoy any person
• No collector shall persist or harrass any person to the annoyance of such person
• While collecting a collector shall remain stationary and 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
• 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. Provided that the Licensing Authority may permit persons of fourteen years of age or more to act as collectors where it is satisfied that it is reasonable in the circumstances of a particular collection and that collectors under sixteen years of age will be accompanied by an adult

Collecting boxes

• Every collector will carry a collecting box
• All collecting boxes must be numbered consecutively and 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 should be immediately placed in a collecting box
• Every collector must deliver, unopened, all collecting boxes in his possession to a promoter
• A collector should not carry or use any collecting box, receptacle or tray which does not have displayed prominently on it the name of the charity or fund which is to benefit, nor any collecting box which is not duly numbered
• A collecting box must be opened in the presence of a promoter and another responsible person unless it is delivered, unopened, to a bank, where it may be opened by an official of the bank
• As soon as a collecting box has been opened, the person opening it must count the contents and enter the amount with the number of the collecting box on a list which will then be certified by that person

Payments

• 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

Statement of accounts

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 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 either a qualified accountant or an independent person acceptable to the Licensing Authority. This should show:

• A list of the collectors
• 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
• The permit holder shall also, within the same period and at the expense of that person and after the certificate has been given, publish in such newspaper or newspapers as the Licensing Authority 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, the amount collected, and the amount of the expenses and payments incurred in connection with such collection. Provided that the Licensing Authority may, if it thinks fit, waive the requirements of providing a statement in respect of a collection in which the total amount collected does not exceed £150

For the purpose 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 Association of Certified Accountants
• The Institute of Chartered Accountants in Ireland

 The Licensing Authority may, if satisfied there are special reasons for so doing, extend the period of one month.

 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 are sold in the ordinary course of trade

 Any person who acts in contravention of any of the  Regulations shall be liable on summary conviction to a fine not exceeding level 1 of the Standard Scale.

Last updated: ‎26‎/‎03‎/‎2024‎ ‎14‎:‎06‎