Whilst we need to encourage and support people who wish to collect for charity there is a need to protect the community from bogus collectors who may take advantage of people's generosity.
Therefore it is important that before you start collecting money for a charity you contact the Licensing Authority to see if you need a permit.
For the purpose of street collections we have divided the district into areas and generally only issue permits to one charity a day in any particular area to ensure that collections do not clash. This also ensures that the public are not harassed by more than one collector.
In general, organisations shall not be permitted to hold more than six collections throughout the district or part thereof during one calendar year. In addition permits shall normally be issued for a maximum period of one week.
Applications will only be considered for charities which are registered with the Charity Commission or a charitable organisation based within the Scarborough Borough Council area.
There is no cost for the issuing of consent but there are rules to be followed in applying. Applications should be made to the Licensing Authority before the first of the month prior to the proposed collection date, this enables the Licensing Authority adequate time to carry out the appropriate checks.
The purpose of the legal requirement to obtain consent is to ensure collectors are properly authorised and that money is collected in a secure way and the total proceeds collected are properly accounted for.
The Licensing Authority operates a diary system to administer collections; therefore the applicant is encouraged to contact the Licensing Authority before submitting an application in order to check the available dates for any collection. Dates cannot be reserved.
Applications are to be made in writing on the form provided by a named individual who is directly concerned in organising the street collection. A permit shall only be issued in the name of that person (‘the promoter’) who shall be responsible for ensuring compliance with the relevant acts, regulations, this policy and for ensuring that the requirements of the regulations with regard to the distribution of the proceeds and the submission of returns are complied with. Failure to comply may prejudice any future application by the promoter of the body he/she represents.
Completed applications must be submitted with a letter (no more than two months old at point of application) from the organisation authorising the applicant to undertake a collection on their behalf (unless the applicant is also an official of the organisation). In addition the organisation must acknowledge in the letter that they shall send the Licensing Authority a receipt of all monies received from the collector within one month of the date of the collection.
Applications must be received no later than 28 days before the date of the proposed collection. In order for the necessary checks to be carried out for the permit to be issued, it is advised that applications are submitted a minimum of three months before the proposed date of collection. Any applications received less than the 28 days before the date of collection will be refused.
Applications shall be considered on receipt and, where appropriate, additional information may be requested from the applicant to assist in determining the application. The failure to provide adequate information in the application form or upon request shall result in a refusal or a delay in consideration until any outstanding information has been provided.
Applications will be considered by the Licensing Authority on their respective merits and the Licensing Authority will either:
(a)Issue a permit specifying the requested date and location; or
(b)Refuse to issue a permit.
There are no restrictions as to the grounds for refusing an application for a street collection permit and there is currently no right of appeal against a decision of the Licensing Authority to refuse or revoke a licence for a collection.
During the collection, the promoter must not allow anyone to collect money, or sell goods, unless they have been given written authority. The promoter must ensure that all people acting as collectors are fit and proper persons and comply with any appropriate legislation.
As soon as possible after the date of any collection (no later than one month after the collection), the promoter must forward to the Licensing Authority a financial return form showing details of the monies collected as prescribed by the regulations.