Agenda item - Street Collection Policy

Agenda item

Street Collection Policy

Minutes:

The Committee considered a report which detailed responses received during a consultation undertaken on a new Street Collection Policy, proposed to be adopted with effect from 1st January 2015.  The Senior Licensing Practitioner reminded the Committee of the discussion that took place at the previous meeting of the Committee on 23rd June 2014, when the proposed Draft Street Trading Policy was considered for consultation purposes. 

 

Members noted that further to the consultation process that was undertaken with relevant bodies, responses had been received from Wythall Parish Council, Catshill, North Marlbrook Parish Council and Bournheath Parish Council who had submitted no adverse comments to make in relation to the draft Policy together with responses from the Public Fundraising Regulatory Association (PFRA), Phoenix Children’s Foundation Charity and Christian Aid.  

 

The Senior Licensing Practitioner clarified the PFRA response in regard to the regulation of Direct Debit Collections in that this method of charitable fundraising did not fall within the remit of Street Permits and could only be regulated by PFRA in conjunction with a site management agreement with the Council. Members were advised that discussions were progressing with the PFRA on this matter and it was hoped that a report on progress could be brought to the next meeting of the Committee in November.

 

In relation to the concerns raised by the Phoenix Children’s Foundation Charity in respect of the proposal to limit charity collections per charity to one each year posing a significant problem for their fundraising work, Members were informed that the draft Policy already stated that more than one collection per charity could be permitted by Licensing Officers in special circumstances.  It was noted that the Draft Policy had been amended to provide guidance on such circumstances.

 

The Senior Licensing Practitioner provided clarification in regard to various concerns raised by Christian Aid, in respect of:

 

a)            the Policy’s definition of a “public place”, and implications for charity collections on private property, on which Members were informed that, as it would be difficult to set out exact locations, each application would be assessed on its merits with legal advise being taken as necessary;

 

b)            the requirement for collection boxes to be numbered consecutively and Christian Aid’s  alternative suggestion that each tin be allocated a unique reference number to be accounted for, which Officers had felt was a reasonable alternative suggestion and on which basis the draft policy had been amended;

 

c)            the prohibition on the use of tables and chairs during street collections; on which Members were informed that, as the Policy does not specify an outright ban on tables and chairs, their use can be agreed with the Licensing Officer in advance of the collection.  Members noted that, In view of this, Officers considered that it had not been necessary to amend the draft policy in that regard, and

 

d)            in regard to the proposed restriction of not allowing applications for Mondays or Wednesdays, Members were informed that this restriction would only apply to the St. John’s Ward to avoid clashes between cash collections and direct debit collections. 

 

In response to a query in regard to the British Legion’s annual Poppy Appeal, the Senior Licensing Practitioner reported that no comments had been received from the British Legion on the draft Policy; he further advised that the organisation was very good at planning ahead and always applied for their licenses well in advance. 

 

Members were also provided with clarification on the status of the sales of the Big Issue, on which Officers reported that these sales were outside of regulatory control as they were not classed as street traders / street collections.  It was noted, however, that the Big Issue had it its own stringent rules in place for its sellers.    In response to a Member query, the Senior Licensing Practitioner also advised that the requirement for Charities to provide the Council with Returns Form in respect of monies collected for each collection tin was, he believed, a national requirement as part of the overall control of street collections to minimise the risk of the public being defrauded.

 

RESOLVED that

 

the revised draft Street Collection Policy, detailed at Appendix 2 to the report, be adopted from 1st January 2015.

 

 

Supporting documents: