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House-to-House collection of monies (and also non-monetary collections of clothing, bric-a-brac, direct debit pledges etc) for charitable, benevolent or philanthropic purposes are regulated by the House to House Collections Act 1939 and House to House Collections Regulations 1947. The Charities Act 2006 may in due course revise these requirements.
It should be noted that there are bogus collectors that operate up and down the Country for commercial or private gain purposes, taking advantage of the public's generosity. The public should be alert to misleading or dubious collection requests or advertising. Bona fide licensed collectors will display a badge and file accounts to the Local Authority or Charities Commission. If you are in any doubt as to whether a local collection is licensed (or holds an exemption) then please refer to the information below or contact a member of the Licensing Team.
Is your organisation an 'exempt' charity?
Exemption Orders are made under Section 3 of the House to House Collections Act 1939.
If your organisation is 'exempt' from obtaining a permit, it will be on the list that is available from the Home Office. Exempt organisations should still notify the Council of when and where they are collecting, but they do not require a House to House permit as they can collect at any time throughout the year by virtue of their 'exempt' status.
The current exemption list is accessible by clicking on the Cabinet Office website link below (the list will be published as a link on the following webpage):
Exemption Order Holders
All other organisations
You will need to apply for a House to House Collection permit.
How to apply
Download an Application Form and a copy of the Regulations via the links below:
The permit
A permit is issued if your application is approved. With your permit you will also receive a Certificate for the Stationery Office. This enables you to apply to The Stationery Office Publications Centre in Norwich for the official badges and certificates that you will need for your collection/collectors.
After the collection
Within one month of the date of the collection you will need to submit an Account Form, a copy of which can be downloaded via the link below:
Right of appeal
If your application is refused you have a right of appeal to the Secretary of State, within 14 days of the refusal, at the following address:
Home Office (Active Community Unit)
3rd Floor, Allington Towers
Allington Street
LONDON
SE1 5EB
For further information or a hard copy of the application form and regulations please telephone the Licensing Section on (01473) 826658 or e-mail collection.licences@babergh.gov.uk
Street Collections
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What is a Street Collection?
A Street Collection is a collection for charitable, sporting, cultural or similar purpose (other than for private gain). All Street Collections in the district require a Street Collection permit from Babergh District Council.
Collections inside a private premises (a supermarket for example) do not normally require a permit. You should always check that you have consent from the landowner or occupier before you carry out a collection (for example this this could be the County Council Highways Authority, a shop manager, the district council, town council, private owner/occupier etc.)
How soon do you need to apply?
You should normally apply at least one month before the date of your intended collection. The Council is not obliged to process any application received giving less than one months notice. However, if this requirement places any difficulty on your planned collection then you should contact the Licensing Section without delay.
How to apply
Download an Application Form and a copy of the Street Collection Regulations via the links below:
What happens after the collection has taken place?
You will need to send a Returns Form to the Licensing Section that will need to be signed by whoever applied for the permit, and then counter-signed by a qualified accountant (or treasurer for smaller collections). A copy of the Returns Form is available via the link below:
Within one month of the collection taking place you need to place information about the collection, including the amount that collected, in a local newspaper. This is done in the form of a notice, a copy of which is available via the link below:
For further information or a hard copy of the application form and regulations please telephone the Licensing Section on (01473) 826658 or e-mail collection.licences@babergh.gov.uk
Frequently asked questions:
Q: Do I need a permit if I am leaving a collection tin in a shop or public house?
A: No. This is deemed a collection on 'private' premises and is not caught by the Street Collection regulations. You should however get consent from the owner/occupier, ensure collection boxes are adequately sealed and labelled, and open/count the contents in the presence of another responsible person.
Q: I am collecting in different places on different days but for the same charitable purpose. Do I need more than one Street Collection permit?
A: Yes. Separate returns are required for each collection in accordance with the regulations. House to House Collection permits however, can be granted for a set period of time (for example for one month).
Q: I am collecting outside of a supermarket. Do I need a permit?
A: It is recommended you obtain a permit as you are collecting on land commonly used as if it forms part of the public highway. You should ensure that the collection is transparent and accountable to the donating public. If you were exclusively collecting inside the store then you would not ordinarily need a permit.
Q: I collect direct debit pledges or clothing/bric-a-brac for charitable purposes, and not cash. Do I still need a permit?
A: Yes. Your collection should still be subject to filing returns for the benefit of those persons donating. The Council will normally limit the days/frequency of such collections. Please contact the Licensing Section for further advice.
Q: I am applying for my Street Collection permit. How specific should I be about the location where I am collecting?
A: You should be as detailed as possible (to the street, village, area etc) as it will enable other collection permits to be granted for the same area in such a way as to avoid collection clashes. The Council will not normally issue two permits for the same area at the same time. 'Exempt' House to House Collection charities should also do all they reasonably can to avoid collection clashes, which have the potential to inconvenience or annoy the public engaged in their normal activities.
Q: Why are the 1947 Regulations still in effect in the 21st Century?
The Government recognises the shortcomings of the existing system, and proposals originally made to update the system in the 1990's were shelved. However, the Charities Act 2006 should in due course lead to a more transparent and robust system that is easier to administer and enforce. It may also help to address some of the ambiguities of the existing complex legislation. |