3. Street collections policy
Licensing and Enforcement Committee 15 February 2017
Reasons for introducing the policy
This policy gives detailed guidance on the application of regulations to regulate charitable and other street collections, made by the council in 1975. It explains how the collections regulations are to be applied, and where, and how often, an organisation may make a street collection in East Devon.
Permits are required for street collections in the area of East Devon District Council, and must be obtained from the licensing manager before any collection takes place. Collectors will be issued with a copy of the legal regulations they must comply with.
East Devon District Council has made Regulations under the Police, Factories (Miscellaneous Provisions) Act 1916 for the control of Street Collections.
How will we go about it?
We will make information available about how to apply for a permit:
- at the council’s licensing office
- on the council’s website
Specific policy areas
There is currently no charge for the issue of a permit.
The legislation does not include statutory criteria for approval or rejection of a permit request. It is a matter for the council’s discretion, and the regulations, together with this policy, set out how the council will normally deal with permits. An organisation applying for a permit to collect does not need to be a registered charity. Where an application is received that is considered not to be in the public interest the licensing manager, in consultation with the head of legal, licensing and democratic services, may refuse the application. This is in addition to the general policy set out in
paragraph 3.2. If necessary the application will be brought to the Licensing and Enforcement Committee or a Sub Committee of that Committee for consideration.
- The council’s general policy for the issue of permits is:
- That a collection for one day will be permitted per week in each of the towns in the district including Axminster, Seaton, Honiton, Ottery St Mary, Colyton, Beer, Sidmouth, Budleigh Salterton and Exmouth. Saturday is the day on which most collections take place with the exception of Axminster where Thursdays is the preferred choice of many organisations because of the market. The council will always attempt to be flexible and permit an organisation to collect, with prior agreement, on any day they wish providing always there is only one collection held in that town in that week.
- That a collection for one day will be permitted per week on Exmouth seafront. The council will always attempt to be flexible and permit an organisation to collect, with prior agreement, on any day they wish providing always there is only one collection held on the seafront in that week.
- All organisations/charities will only be permitted to collect once in a calendar year in each of the district’s nine towns and Exmouth seafront.
- Permits will be issued to permit collections between 10am and 6pm on the day approved for the collection. Exceptions to these times will be considered at the discretion of the licensing manager
- These general restrictions will be relaxed two weeks before Christmas at the discretion at the licensing manager but no organisation/charity in the run up to Christmas will be granted a permit to collect on more than one Saturday in the same town.
- The following exceptions will apply to the policy:
- The Royal British Legion will be permitted to collect on two days (Friday and Saturday) of the week before Remembrance Day in all the towns in the district with the exception of Axminster where the organisation will be permitted to collect on three days - Thursday (market day), Friday and Saturday.
- Permits granted for collections in the Exmouth town centre will prohibit collections along the seafront. This does not prevent a collector applying for a Exmouth seafront permit in addition.
- Permits granted for collections along the Exmouth seafront will not permit collections in the town centre and the maximum number of collectors will be restricted to six.
- Where collection permits are issued for Sidmouth town these will permit no more than two collectors to collect on Sidmouth esplanade.
- Collections in the villages will be considered at the discretion of the licensing manager.
- Permits for ‘passing through’ collections will granted at the discretion of the licensing manager. These events are normally sponsored walks, bed pushes or cycle rides etc.
- Permits for special occasion events, for example - Red Nose Day, Children In Need, Red Arrows Display or one-off collections for major disasters will be granted at the discretion of the licensing manager. Often these permits are sought with very little notice – applicants should normally provide a months notice but this can be relaxed in special circumstances. Where there is a major disaster, any permission to collect at short notice will normally be given to the group of charities co-ordinating help, rather than to small groups whose credentials cannot easily be established. These permits will not be issued where there is a clash with a long-term booking. Therefore these special event collections will normally take place on a weekday.
- Occasionally the council will receive applications for permits to enable street collections in circumstances outside the terms of the council’s policy. An example might be where an organisation/charity wishes to collect for longer periods or more often than the policy permits. In these circumstances the Licensing and Enforcement Committee or a Sub Committee of the Committee will consider the application.
To regulate charitable and other street collections and ensure that there is clear guidance on our policy as well as proper audits of collections.
Who is responsible for delivery?
The licensing manager will operate the policy on a day-to-day basis, with the involvement, where necessary, of the head of legal, licensing and democratic services.
The number of permits issued is monitored on an annual basis. The effectiveness and fairness of the policy will be kept under review by the licensing manager.
Strategic management team, all town and parish councils and the Overview Committee.
The head of governance & licensing will review the policy in 2022.
Related policies and strategies