GUIDANCE NOTES FOR
HOUSE TO HOUSE COLLECTIONS
The conduct of collections made by means of visits from house to house is
governed by the House to House collections Act, 1939, and the House to House
collections Regulations, 1947 (as amended). The legal interpretation of
'collection' means an appeal to the public, made by means of visits from house to
house, to give, whether for consideration or not, money or other property. This
means that collections e.g clothing and direct debit fundraising, will also need to
be licensed.
This leaflet explains the circumstances in which a licence is required from
Cornwall Council as the licensing authority and the duties imposed on persons
promoting or taking part in such collections.
It is important that organisers of collections fully understand their obligations as
the Act and Regulations prescribe fines and/or imprisonment for offences.
Should you be in any doubt concerning these requirements, then enquiry should
be made of the council’s licensing section: the address and telephone number is
given at the foot of this leaflet.
Collections Requiring a Licence
1.
Subject to two exceptions, the promoter of a collection for a charitable
purpose within the County of Cornwall requires a licence from the licensing
authority.
The two exceptions are as follows:(a)
Where the Secretary of State has granted an order to an
organisation which pursues a charitable purpose throughout the
whole, or substantial part, of England and Wales, and is desirous of
promoting collections for that purpose. Where such an order has
been granted, the person or organisation will be exempt from the
requirement to obtain licences from the licensing authority in
respect of all collections for that purpose in such localities as may
be prescribed in the Order.
If you feel that such an Order may apply to the collection which you
wish to hold, enquiry should be made with the council’s licensing
section.
NB. Those with exemptions are required to notify the licensing authority of
the location and dates of their house to house collection.
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(b)
A similar exemption is provided for collections for which the
purposes is local in character and where the collection is likely to be
completed within a short period. In the case of such collections,
application should be made to this council, initially, for later
determination by the Chief Constable.
Applying for a Licence
Applications for a licence must be made to the licensing authority not
later than the first day of the month before the month when it is
proposed the collection will take place. Before making the application
contact should be made with the Council to check that the dates of the
collection are available.
Where a licence is required, application must be made in a form supplied by the
licensing authority, which should be completed in full and returned to the
address given.
If the council decide to refuse a licence, or revoke a licence which has already
been issued, it will be refered to the council's licensing committee for
determination. There is a right of appeal to the Secretary of State within
fourteen days from the date on which notice is given of the refusal or the
revocation.
Requirements for the conduct of collections
The Secretary of State has made Regulations which prescribe certain rules for
the conduct of collection licensed by a licensing authority. A copy of the
Regulations will be issued by the licensing authority on application for a licence.
These Regulations include the following, amongst other provisions:(a)
Every promoter of a collection must exercise all due diligence to secure
that persons authorised to act as collectors are fit and proper persons; and
to secure compliance by collectors with the regulations.
(b)
No promoter of a collection shall permit any person to act as a collector
unless he has issued to that person:(i)
a prescribed certificate of authority;
(ii)
a prescribed badge ; and
(iii)
if money is to be collected, a collecting box marked, or a receipt
book (with receipts and counterfoils or duplicates consecutively
numbered) marked on every receipt, with a clear indication of the
purpose of the collection, and a distinguishing number.
(iv)
Every prescribed certificate of authority and badge shall be returned
to the promoter when the collection is complete or at any other time
on the demand of the promoter.
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(c)
In the case of a collection in respect of which a Licence has been granted,
every prescribed certificate of authority shall be given on a form obtained
from the 'Office of Public Sector Information' (formerly H.M. Stationery
Office), and every prescribed badge shall be so obtained.
(d)
No person under the age of 16 years, shall act or be authorised to act as a
collector of money.
(e)
No collector shall importune any person to the annoyance of such person,
or remain in or at the door of, any house if requested to leave by any
occupant thereof.
(f)
The promoter of a collection must finish an account of the collection in the
form prescribed to the Licensing Authority within one month of the
completion of the collection.
Further information
Copies of the House to House Collections Act, 1939, and the regulations made by
the Secretary of State, may be obtained from the H.M. Stationery Office, P.O.
Box 276, London, DW8 5DT, or through any bookseller.
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