Agenda item

The Director of Environmental and Enforcement Services to submit a report on charitable house to house collections and to ask if the Council’s current policy should be amended in light of new guidance issued by the Cabinet Office that appeals to the Minister will be now be considered on their merits based on the information provided to the local authority by the applicant and any additional information provided by either party.   The Cabinet Office’s position on appeals is included at Appendix 4 in the document attached at Appendix C. 

The Director of Environmental and Enforcement Services submitted a report on charitable house to house collections and asked if the Council’s current policy should be amended in light of new guidance issued by the Cabinet Office.  The Cabinet Office had now stated that appeals to the Minister will now be considered afresh on their merits based on the information provided to the local authority by the applicant and any additional information provided by either party.   Previously, the Minister would simply review the decision as to whether it was one that the local authority could legitimately make. The Cabinet Office’s latest position on appeals was included as an appendix to the report.

The Council’s current policy stated that “approval to be given to a guideline figure of zero, for remuneration from the proceeds of any house to house collection.”  In view of the changes announced by the Cabinet Office, it was considered that any appeal against a refusal based on the current policy was likely to be successful.  It was therefore, suggested that a guideline figure of 70% of the proceeds being used for charitable purposes should be considered as a starting point for discussion.

Members discussed the implications of the new Cabinet Office guidance and felt that the Council’s policy should give confidence to the public in knowing that their donations were being used for charitable purposes.   Members also commented upon the large number of plastic bags that were delivered door to door, a number of which were not from charitable organisations. 

In response to Members’ questions it was noted that:-  

·         There was no fee for submitting applications for charitable house to house collections.

·         Other Council’s currently had a wide range of guideline figures for the percentage of the proceeds that should be used for charitable purposes.

·         Collection bags for clothes etc did not require licences unless they stated that the organisation concerned was a charitable organisation.

·         There had been 9 applications and 9 approvals granted in the last 3 months for charitable door to door collections.

·         Officers would investigate complaints where organisations purported to be a charitable organisation but were felt to be commercial operations.

·         A successful challenge to a Council decision on a charitable door to door collection would incur costs in officer time defending an appeal and the possibility of costs being awarded against the Council if the appeal was successful.

Members discussed the merits of amending the current policy in light of the Cabinet Office’s latest guidance.  A view was expressed that more charities may apply to undertake door to door collections if they were able to recover administration costs in carrying out the collections.

RESOLVED:

1)         That the Assistant City Mayor - Neighbourhood Services, be recommended to amend the Council’s licensing policy for charitable door to door collections to consider each application on its merits and that a guideline figure of 75% of the proceeds being used for charitable purposes, as this was considered appropriate and proportionate in the circumstances.        

2)         That the Council’s policies in relation to street collections and the use of animals for charitable collections be considered and reviewed at the next meeting of the Committee, with any proposed changes being recommended to the Assistant City Mayor - Neighbourhood Services.  

Councillor Riyait left the meeting at this point.