Agenda item

The Committee received a report on the draft Charitable Collections Policy. The report provided the feedback following a 6-week public consultation exercise, together with a number of recommended amendments to the original draft Policy.

On 1 February 2023, the Licensing Committee approved a draft Charitable Collections Policy, “Policy”, for consultation.  The Policy set out both the legal framework and a proposed approach to authorising charitable collections in public areas and by way of calling house to house.  Following the meeting on 1 February 2023, a 6-week public consultation exercise took place between 9 May and 20 June 2023. Consultation was principally by way of a survey published on Your Voice Bucks. Links to the survey were sent to Ward Councillors, Town and Parish Councils, Community Boards, umbrella charity organisations (National Council for Voluntary Organisations, Community Impact Bucks, Association of Chief Executives of Voluntary Organisations, Thames Valley Police, Buckinghamshire Council Community Safety and town centre management teams. The survey was also publicised through the Council’s media channels. 55 responses were received by way of the survey and 6 additional written responses were received. Appendix 1 provided a summary of the consultation responses and Appendix 2 contained a transcript of the typed responses from the survey. Appendix 3 contained the 6 additional written submissions.

Section 3 of the report set out the reasons why either amendments were being suggested or no change was being suggested in response to the consultation.  It was noted that in paragraph 3.19 of the report, the recommendation being referred to was in paragraph 3.16 of the report and not paragraph 3.21 as was stated.

In summary, the following amendments to the Policy were being recommended:

• The Policy had been amended to allow applicants to apply for house-to-house collections to take place over a period of up to 28 days during the pre-Christmas period. (see Policy 2.8).
• The Policy has been amended to allow applicants to apply for house-to-house collections to take place until 8pm, with a discretion to apply for later hours during the pre-Christmas period. (see Policy 2.10).
• The Policy had been amended so that street collections are limited to town and village centres and other commercial areas. (see policy 3.24).
• The Policy had been amended to provide clarification that charities can still apply to collect in more than one ward/location under the same licence/permit. (see policy 2.5 and 3.9).

The draft Policy, with these amendments, was attached at Appendix 4 of the report. 

Currently, the Council was able to regulate street collections because of historical adoptions of the model regulations by the legacy Buckinghamshire district councils and the transitional arrangements governing the formation of Buckinghamshire Council. Should the Licensing Committee be minded to agree to the ongoing control of charitable street collections, it was recommended that Full Council be asked to pass a new resolution to adopt the model regulations for Buckinghamshire Council.

Members were invited to ask questions of officers.  In response to a question regarding whether consultees had been informed of the proposed amendments, officers advised that the draft Policy, including the recommended amendments, had been published on the Council’s website as part of this meeting’s agenda pack.  Furthermore, should the Licensing Committee be minded to approve the recommended amendments, the final policy, which would include those amendments, would be sent out to those who responded to the consultation for information.

Following a question regarding the need for the Policy, officers explained that applications for charitable collections were currently being considered and determined according to the practices of the legacy district council areas or policies where these are in force. This had resulted in inconsistency and possibly perceived unfairness across the council area and a lack of effectiveness or efficiency for those processing the applications. Although there was no statutory requirement for a policy covering charitable collections, it was considered desirable and necessary to implement one so that Buckinghamshire Council would be seen to be transparent, consistent, fair and open when considering and determining applications for this activity.

On a vote being taken the recommendation was proposed by Cllr Dhillon and seconded by Cllr Gomm and:-

RESOLVED:-

1)      That the recommended amendments to the draft Charitable Collections Policy as set out in the report be agreed.

2)      That the final version of the Charitable Collections Policy, set out at appendix 4 of the report, with an implementation date of 1st February 2024 be agreed.

3)      That Full Council be requested to pass a resolution adopting the model street collection regulations as set out in the 'Charitable Collections (Transitional Provisions) Order 1974 (SI 1974/140) (Model Street Collections Regulations).

4)      That the Head of Service for Licensing, in consultation with the Cabinet Member for Regulatory Services and Chairman of the Licensing Committee, be authorised to amend the implementation date of the Policy if necessary.

Councillor Tony Green, having declared a prejudicial interest, left the room prior to the commencement of the debate on this item and did not return or take part in the vote on this item.