Street Collection Regulations
In pursuance of Section 5 of the Police, Factories etc (Miscellaneous Provisions) Act 1916, as amended by Section 251 and Schedule 29 of the Local Government Act 1972, we 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 Lichfield District to collect money or sell articles for the benefit of charitable or other purposes:-
1. In these regulations, unless the context otherwise requires:-
- "the Council" means Lichfield District Council
- "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
- "permit" means a permit for collection
- "contributor" means a person who contributes to a collection and includes a purchaser 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.
2. No collection of money or sale of any article shall be made in any street or public place within the District of Lichfield unless the person, society, committee or other body of persons responsible for such collection or sale shall have obtained from the Lichfield District Council a permit for such collection or sale.
3. Application for a permit shall be made in writing not later than one month before the date on which it is proposed to make the collection or sale.
Provide that the licensing authority may reduce the period of one month if satisfied that there are special reasons for so doing.
4. No collection or sale shall be made except upon the day and between the hours stated in the permit.
5. The licensing authority may, in granting a permit, limit a collection or sale to such streets or public places or such parts thereof as they think fit.
6. No person may assist or take part in any collection or sale without the written authority of the person, society, committee or other body of persons to whom a permit has been granted. Every person so authorised shall produce such written authority forthwith for inspection by a duly authorised officer of the licensing authority or any police officer on demand.
7. No collection or sale shall be made in any part of the carriageway of any street which has a footway.
Provide that the licensing authority may, if it thinks fit, allow a collection or sale to take place on the said carriageway where such a collection or sale has been authorised to be held in connection with a procession.
8. No collection or sale shall be made in any street or public place to the obstruction or annoyance of any person in such street or public space.
9. No collector or vendor shall importune any person to the annoyance of such person.
10. Any person acting as a collector or vendor in a street or public place shall occupy a stationary position at some place on the footway. Not more than two persons shall act to collectors or vendors at the same place and no person shall collect money or sell articles within 25 metres of the place where any other person is collecting or selling.
Provided that the licensing authority may, if it thinks fit, waive the requirements of this Regulation in respect of a collection or sale which has been authorised to be held in connection with a procession.
11. No person under the age of 16 years shall act or be permitted to act as a collector or vendor.
12. Every collector or vendor shall carry and present to all contributors and purchasers for the reception of money contributions, a box or other receptacle securely closed and sealed in such a way as to prevent the same being opened without such seal being broken and all money received shall be immediately placed into such box or receptacle. All such boxes or receptacles shall be numbered consecutively. Every collector or vendor shall deliver his boxes or other receptacles with the seals unbroken to one of the persons responsible for the proper application of the money received.
13. A collector or vendor shall not carry or use any collecting box, receptacle or tray which does not bear displayed prominently thereon the name of the fund for which the collection or sale is being made, nor any box or other receptacle which is not duly numbered.
14. No payment or reward shall be made or given to any collector or vendor. No payment or reward shall be made or given, either directly or indirectly, to any other person connected with the promotion or conduct of a collection or sale for or in respect of services connected therewith, except such payments as may have been approved by the authority which granted the permit.
(i) Within one month after the date of any collection or sale, the person, society, committee or other body of persons responsible therefore shall forward to the Strategic Director – Democratic and Legal Services of Lichfield District Council for the information of the licensing authority a statement in the form set out in the Schedule to the Regulations, certified by the auditor of the society or by some independent responsible person, with vouchers showing, in detail, the amount received and the expenses incurred in connection with such collection or sale and shall, if required by the licensing authority satisfy them as to the due and proper application of the proceeds of the collection or sale. The society, committee or other body shall also, within the same period, at their own expense and after audit, publish in such newspaper or newspapers as the licensing authority may direct, a short statement showing the name of the person, society, committee or other body of persons responsible for the collection or sale, the name of the charity or fund which is to benefit, the date of the collection or sale, the amount collected, the amount of the expenses and the amount distributed to the charity or fund.
(ii) The licensing authority may if satisfied there are special reasons for so doing:-
- extend the period of one month referred to in paragraph (i) above; and
- agree to accept from the person, society, committee or other body of persons required to forward a statement to the appropriate officer under paragraph (i) above, a statement which, although not in the form set out in the Schedule to these Regulations, is in a like or similar form and where there has been such agreement and acceptance, paragraph (i) above shall be deemed to have been complied with.
15. These Regulations shall not apply:-
(i) in respect of a collection taken at a meeting in the open air;
(ii) to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade and for the purpose of earning a livelihood and no representation is made by or on behalf of the seller that any part of the proceeds of sale will be devoted to any charitable purpose.
16. Any person who acts in contravention of any of the foregoing Regulations will be liable on summary conviction to a fine not exceeding twenty-five pounds for a first or subsequent offence.
Any person who acts in contravention of any of the foregoing Regulations will be liable on summary conviction to a fine not exceeding £200. These regulations shall come into operation upon the expiration of the period of one month beginning with the date on which they are confirmed by the Secretary of State, and all other street collection regulations having effect in our area are hereby repealed with effect from the date on which these regulations come into force.