That the Committee approve the revised policy. (To note: the changes within the policy are highlighted in red).
Minutes:
Mr Knowles-Ley introduced the report and summarised the key points.
Members sought clarification regarding charitable collections and commercial collections, such as a modern equivalent of a ‘Rag & Bone Man’. Mr Knowles-Ley responded this would not include the sale of items over a social media platform which was considered as a sales transaction, but if doorstep collections were for charities, that was when this licensing regime was implemented. The definition of a charity is one which is registered with the Charities Commission and charitable organisations would not have charitable status, but if it could be demonstrated that a collection was for charitable purposes, the Authority would support the organisation in obtaining a licence.
Members commented upon the collections carried out by The Lions Christmas collections using a mock sleigh and santa, and that the extended 21 day period in December would aid this activity, which achieved significant fund-raising for the organisation. Mr Knowles-Ley explained that there were a number of national charities (currently 47) which held a national exemption order and were just required to notify the local Authority of the impending activities in relation to collections. Mr Knowles-Ley further explained that last year the Authority received eight applications and cited examples of these organisations which included Christian Aid, The Air Ambulance Service, Scope, The Fisherman’s Mission and The Royal British Legion (Poppy Appeal).
Members queried if there had been any requirement with regards to enforcement. Mr Knowles-Ley responded that they had been notified by a homeowner that a number of bags had been dropped, contact had been made with the entity purporting to be collecting for the charity and they had demonstrated that they had a contract with the charity, but officers had been able to establish that this collection should not have been made within Chichester District.
Members sought clarification regarding the clothes aid
franchises, which collected bags on behalf of charities and were
paid to do so, and whether all organisations were treated similarly including
those collections for which 100% of the funds raised was received
by a charity. Mr Knowles-Ley responded that when people donated
items to a charity they preferred that all the funds raised are
received by the charity, but it was lawful to collect for charities
as a business. There has been a
reduction in those enterprises from which charities were receiving
only 20%. When an application was
received there was a requirement to explain what the intentions
were and following the collection there was a form to complete with
a statement of accounts, including what it had cost to undertake
the collection, and how much had been received for the items
sold. Those calculations were checked
by officers and recorded on a database, this was reviewed to ensure
that percentages initially given were achieved and those that fell
short were informed. The
Authority's preference was for a minimum of 70% of the funds raised
received by the charity; however, Mr Knowles-Ley explained that
this was not a legal requirement specified in the House to House
Collection Act 1939. The Act only requires that the total amount
for charitable purposes is adequate in proportion to the value of
the proceeds likely to be received.
Resolved
That the Committee approves the revised policy (which was generally revised every five years, if earlier if required).
The Chairman closed the meeting and advised that the agenda had been lighter but there were a number of challenging policies forthcoming for future meetings, and thanked Members for attending.
Supporting documents: