LICENSING - A GUIDE TO CHARITY FUND RAISING
Breckland Council as Licensing Authority is responsible for the licensing and control of three types of fund raising activities. This page contains a brief guide for Societies and Charities who may be considering House to House Collections, Street Collections or Small Lotteries as a means of raising funds.
HOUSE TO HOUSE COLLECTIONS
Under the provisions of the House to House Collections Act 1939 no collection for a Charitable purpose (defined as Charitable, benevolent or philanthropic) may be made in any locality unless the promoter is licensed by the Licensing Authority for the area concerned. There is also power vested in the Secretary of State to grant order for exemption. This has the same effect as a licence and is known as a Hone Office Exemption Order. Many of the larger nationally organised Charities operate in this way.
It should be remembered that the definition of House to House does not just mean collecting door to door in a residential area. ‘HOUSE’ includes a place of business so, for example, a collection which includes visits to Public Houses would also need to be licensed.
The Licensing Authority’s powers of refusal or revocation are very limited and relate mainly to the suitability of the Promoter or conduct of the Promoter during previous or existing Collections. It may not refuse a collection simply because a particular date or dates appear to be oversubscribed.
Any Promoter may apply for a collection for a period not exceeding one year - the Licensing Authority is obliged to grant the licence for the period specified in the application if it is satisfied that a licence may be granted.
NO LICENCE FEE IS PAYABLE TO THE LOCAL AUTHORITY BUT THE PROMOTER SHOULD MAKE THEIR APPLICATION A MINIMUM OF 28 DAYS BEFORE THE PROPOSED COLLECTION
STREET COLLECTIONS
The Council’s power to regulate street collections and issue licences is contained in the Police, Factories etc. (Miscellaneous Provisions) Act 1916.
Control under the legislation relates to proposed collections in streets or public places where the public have a right of access. If does not, however, extend to such places as the inside of private Shopping Arcades and Supermarkets.
The Council is empowered to limit the number of street collections in its area because and may do so if it considers there is a threat of ‘overkill’.
NO LICENCE FEE IS PAYABLE FOR STREET COLLECTIONS.
LOTTERIES
Section 5 of the Lotteries and Amusements Act 1976 authorises the conduct of small lotteries (e.g. a sweepstake or draw etc.) by Societies for raising money for charities, sport, cultural, or similar purposes other than for private gain. The Society on whose behalf the lottery is promoted must be registered with the Local Authority within whose area the office or the Head Office of the particular society is situated.
The Rules, Conditions and conduct of Society Lotteries are too detailed to be summarised in this pamphlet. A separate note is available on request.
Many societies are now holding ‘Race nights’ as a means of raising funds. These amount to a lottery and as such societies must be registered.
Under the Lotteries and Amusements Act, where a small lottery is promoted as an incident to an ‘Exempt Entertainment’ (such as a Bazaar, Dinner/Dance, sale of Work etc.) it may not be necessary to register. You should contact the Licensing Department immediately if your proposed event appears to fall into this category.
EACH APPLICATION FOR REGISTRATION MUST BE ACCOMPANIED BY THE REGISTRATION FEE OF £35.00. EVERY REGISTERED SOCIETY MUST ALSO PAY TO THE LOCAL AUTHORITY ON THE FIRST DAY OF JANUARY EVERY YEAR THE STATUTORY FEE OF £17.50.
AT ANY TIME, HOWEVER, THE SOCIETY MAY APPLY FOR THEIR REGISTRATION TO BE CANCELLED.
Further Information
For information regarding Charity Fund licences, please refer to the Gambling and Lotteries section in the Licensing page.
Link to the Gambling and Lotteries Section in the Licensing page
For other information and licence application forms, please follow the link.
Link to Licensing page.
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