GUIDANCE NOTES FOR STREET COLLECTIONS THE CONDUCT OF STREET

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CORNWALL COUNCIL’S GUIDANCE NOTES FOR

GUIDANCE NOTES FOR

STREET COLLECTIONS

The conduct of street collections is governed by the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 and Local Government Act 1972. These guidance notes are intended to explain 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 for offences. In particular, collectors are not permitted to collect in such a way to cause annoyance or hazards to any person.

Should you be in any doubt concerning these requirements, then contact should be made with the Council’s licensing service : the address and telephone number is given at the foot of this leaflet.

Please note that the organiser of the collection must ensure that any risk identified in respect of collectors or members of the public is addressed.

Collections requiring a permit

Any person who intends to either collect money or sell articles in aid of a charity or other purpose in outdoor areas to which the general public have access, requires a street collection permit from Cornwall Council as the licensing authority.

It is Cornwall Council's interpretation of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, that direct debit fund-raising is not caught by the Act.

Applying for a permit

The Cornwall Council in order to share available dates between a number of organisations will allocate dates according to the following policy:-

" In a calendar year, an organisation is allowed one collection day per month, in each town or village, with a maximum of six collections per year in each town or village. (with exceptions for national campaigns and carnivals). Applications will be allocated on a first come first served basis. Applications cannot be made any earlier than six months in advance but not less than one month before the date of the proposed collection. Any national campaign weeks can be booked 12 months in advance.

No more than one collection takes place in a particular locality on any one day unless: -

a) The original collector/charity agrees ; or

b) They are just passing through locality, i.e. on a sponsored walk/ride; or

c) It is an organised annual special event"

In exceptional circumstances an authorised officer of the Council will have discretion to deviate from this policy"

Where a street collection permit is required, applicants are advised to first make contact with Cornwall Council's licensing office to secure a collection date. A formal application must then be made in a form supplied by the licensing authority, which should be completed in full and returned to the address given.

On receipt of an application the licensing authority will consult with the Police and carry out any necessary checks against the details provided in the application. The licensing authority will issue the permit if it is satisfied that a permit can be granted. If an officer of the licensing authority is unable to determine your application it will be referred to the Council's Licensing Committee for determination. If your application is refused you will be notified by letter.

Requirements for the conduct of collections

Cornwall Council has made Regulations which prescribe certain rules for the conduct of collections.

These Regulations must be read and complied with. Following the collection you will have one month in which to send a completed 'form of statement' to the council. Either a qualified accountant or an independent responsible person who the council has agreed is acceptable must certify this form. Where an applicant has failed to submit a 'form of statement' within the specified period, please note that the council will not grant any subsequent street collection applications until it has possession of a satisfactory 'form of statement' or reasonable explanation.

Area restrictions

East Cornwall - (Formerly Caradon and North Cornwall)

If an application is made to collect in Torpoint including a collection on the Torpoint ferry a separate application must be made in writing to the Bridge and Ferry Manager, Torpoint Ferry Office, 2 Ferry Street, Torpoint, PL11 SAX. Please note that collections are never permitted along the ferry lines.
May Day - Blue and Red Oss are both permitted to collect in Padstow on May Day.
*Band stand in Padstow - those wishing to use the band stand in Padstow are required to seek permission in the first instance from Padstow Town Council. Once permission has been granted, a street collection permit is required from the Council in respect of any collection of money from the public.

Central Cornwall - (Formerly Carrick and Restormel)

*If you wish to collect in High Cross please ensure that you contact the Dean to the Cathedral. As High Cross belongs to the Cathedral you will need permission from them before using this area for the purposes of street collections. The Dean can be contacted on 01872 276782.
* If you wish to collect at Lemon Quay please ensure that you contact the Clerk at Truro City Council for permission as that Council manages the site. If you are issued with a permit for Truro then Lemon Quay will be excluded unless permission has been obtained to collect there. In these cases the nearest acceptable collection points to Lemon Quay, are Green Street and Lower Lemon Street.

*If you intend to collect in the open space in front of the post office at the Moor, Falmouth, please ensure that you contact Falmouth Town Council. As this area is managed by them and you will also need permission from them before using this area for the purposes of street collection. Falmouth Town Council can be contacted on 01326 315559.
Fowey Regatta week - with regards to collecting in Fowey during Fowey regatta week. Please note that the regatta committee have requested that street collections are restricted during this week.
If you intend to collect on any holiday routes covering the areas of Newquay and St. Austell, please be aware that permits will not be granted for moving collections on BANK HOLIDAY WEEKENDS

West Cornwall - (Formerly Kerrier and Penwith)

*Street Collections which take place in the course of band concerts on West Pier in St Ives, Penzance Promenade and Morrab Gardens in Penzance require a street collection permit from the licensing authority as well as making the relevant booking arrangements.
Collections which take place on private property for example Lands End and the *Wharfside Shopping Centre, Penzance, will also require permission from the land owner as well as obtaining a permit from the licensing authority.
Applications will not be accepted to collect in Camborne on Trevithick Day, Helston on Flora Day or Redruth on Murdoch Day other than their own town bands.

* It may be that a permit is issued for a specific site, while another collection is taking place in the same Town/City.

Further Information

Copies of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 and Local Government Act 1972, may be obtained from the H.M. Stationery Office, P.O Box 276, London, DW8 5DT, or through any bookseller.

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