Agenda item

Report of Licensing Manager.

The licensing manager presented a report to enable members to consider the adoption of a house to house collections policy for the council.

Members were reminded that licensing were responsible for regulating a wide range of functions including house to house collections.

It was advised that house to house collections were governed by the House to House Collections Act 1939 and the House to House Collections Regulations 1947, as amended.

Members were advised that house to house collections for charitable, benevolent or philanthropic purposes, whether or not the purpose was charitable within the meaning of the rule of law, were required to be licensed by the authority. The definition of ‘collection’ extended beyond requests for money, to include the sale of magazines, requests for unwanted clothing and household items, visits to persuade persons to buy goods, etc where any part of the proceeds may go to charity. 

The only exception to the general rule was for organisations that had been granted an Exemption Certificate by the Home Office under the provisions of the House to House Collections Act 1939. This Certificate allowed an organisation to collect in the District without applying for a licence. The organisation was required to inform the authority of the dates and areas of any planned collections.

Members were advised that the authority could refuse or revoke a licence for a number of reasons:

·         If too high a proportion of the proceeds were to be spent on expenses;

·         If not enough of the proceeds were to be given to the charity or cause;

·         If incorrect information was provided on the application form

·         If the promoter or any other person involved in the collection had been convicted of certain criminal offences, i.e. burglary, blackmail or fraud.

The proposed policy set out the proportion of the proceeds of any house to house collection that should be applied to the charitable purposes that the collection was being made for. It was advised that officers had recommended that 85% of the profits of any house to house collection should be applied to the charity.

The licensing officers were of the opinion that a policy of this type was necessary due to the number of bogus companies that were setting up and carrying out house to house collections mainly for private gain. Licensing enforcement officers in conjunction with officers from the Lancashire Constabulary had intercepted one of these bogus collections in January this year. All of the goods had been seized and donated to St John’s Hospice which is a local charity.

The Association of Charity Shops had estimated that charities lose between £2.5 and £3 million a year through theft and people giving clothing to organisations which they thought were charities but may be commercial companies collecting for profit.

The licensing manager had identified the major issues and sought to tackle them through this policy with the intention of:

·         Ensuring impartiality and fairness in determining applications;

·         Accommodating all eligible requests, subject to capacity, and bearing in mind that certain days and locations are especially sought after;

·         Providing equality of opportunity for would-be collectors;

·         Avoiding causing undue nuisance to the public;

·         Setting fair maximum limits for one applicant;

·         Achieving a fair balance between local and national causes;

Members were recommended to approve the proposed house to house collections policy and to approve immediate implementation.

It was proposed by Councillor Greenall and seconded by Councillor Dixon:

“(1)      That the proposed house to house collections policy be adopted by Lancaster City Council.

 (2)       That the proportion of the proceeds of an house to house collection that should be applied for the charitable purposes that the collection was being made for be set at 85%.

 (3)       That the proposed house to house collections policy be implemented with immediate effect.”

Upon being put to the vote members voted unanimously in favour of the proposition, whereupon the vice-chairman declared the proposition to be carried.

Resolved:

 (1)       That the proposed house to house collections policy be adopted by Lancaster City Council.

 (2)       That the proportion of the proceeds of an house to house collection that should be applied for the charitable purposes that the collection was being made for be set at 85%.

 (3)       That the proposed house to house collections policy be implemented with immediate effect.