To enable the Cabinet to consider the recommendation made to it by the Licensing and Registration Committee in relation to the formal adoption of the Council’s Charitable Collections Policy following an 8-week period of consultation (previously authorised by the Licensing & Registration Committee).

RESOLVED that -

1)       the proposed Charitable Collections Policy, as set out in Appendix A to the reference report (A.4), be adopted; and

2)       Officers be authorised to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.

Members were informed that Tendring District Council was the Licensing Authority for Charitable Street Collections under Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 and the Charitable House to House Collections under the House-to-House Collections Act 1939.

It was reported that the Licensing and Registration Committee (“the Committee”), at its meeting held on 29 October 2025, had received a draft Charitable Collections Policy and had agreed to undertake a public consultation thereon.

Cabinet was reminded that the primary piece of legislation in the UK for street collections was the Police, Factories, etc (Miscellaneous Provisions) Act 1916. This Act provided for the Council (acting as the Licensing Authority) to make regulations with respect to the places where, and the conditions under which, collections might be permitted. The Council had made regulations (Appendix B to the report A.4), which required the promoter to obtain a permit from the Council before such a collection could take place. A person could be fined £200 if they collected money for charity on the street without a permit.

Members further recalled that the authorisation of House-to-House collections was regulated by the House-to-House Collections Act 1939. This Act required the promoter to obtain a licence from the Council (as the Licensing Authority) before a collection could be carried out. The Council must grant a licence upon application unless one of the grounds set out in the Act for refusing the licence applied. In addition to the local regulation of House-to-House collections, there was a National Exemption Order (NEO) scheme.  Holders of an NEO authorisation were exempted under section 3 (1) of the House-to-House Collections Act 1939 from having to apply for individual collection licences from local authorities. This exemption allowed organisations to conduct house-to-house collections without the need to apply separately to each local licensing authority, thereby reducing administrative burdens and costs.  From the Government’s website, there were currently 36 such NEO authorisations.

A person organising a collection of funds going house to house without a licence could face imprisonment for up to 6 months and/or a fine of up to £1,000.

Currently, there was no Council adopted policy concerning Charitable Collections, with decisions on applications based upon historical previous decisions and practices.

It was in order to provide applicants with guidance and a framework for consistent decision-making, that a policy covering charitable collections had been drafted. The objectives of the proposed charity collection policy were to ensure that:-

• charity collections were treated in a fair and consistent way and were well run and regulated;
• each application was considered on its merits;
• the public was not exposed to an excessive number of street collections;
• relevant objectives of the Council’s Corporate Plan were supported;
• that the obligations of the Council’s Public Sector Equality duty under the Equality Act 2010, section 149 were fulfilled by eliminating discrimination, harassment, victimisation and were otherwise not conducted in a manner prohibited by the Act, advancing equality of opportunity and fostering good relations between persons who shared and those who did not share protected characteristics; and
• collections were for the public benefit and in line with a charitable purpose as defined by the Charities Act 2011.

It was pointed out that the activities of direct debit mandate collectors on the street (sometimes known as “chuggers”) had not been envisaged at the time of the 1916 Act.  However, it was the view of the Licensing Authority that direct debits and chuggers could be classed as ‘giving of money’ which therefore suggested that direct debit collections would fall under the remit of the Act and that they should be licensed.

Street Collection Permits could authorise the raising of funds for charitable purposes through the sale of items such as clothes, toys etc on the street.  It was therefore important that this was the purpose and not secondary to commercial activities for private gain.

It was drawn to Cabinet’s attention that the Council was entitled to refuse an application for a House-to-House collection if the percentage of proceeds donated to a charitable cause, after paying expenses, was insufficient. It was recommended that a minimum of 80% of the value of the proceeds of a collection should be donated to the charitable cause ion question.

Cabinet was advised that the adoption of a policy in this area of licensing was intended to support the following themes from the Council’s Corporate Plan 2024-28, namely:-

• Pride in our area and services to residents; and
• Working with Partners to improve quality of life.

It was believed that the application of this policy would provide clarity when determining applications and would reduce the risk of legal challenge and appeals.

Members were advised that the draft Charity Collections Policy, as submitted to the Committee at its meeting held on 29 October 2025 had been subject to public consultation and scrutiny for a period of 8 weeks from 31 October 2025 to 26 December 2025. In addition to a page on the Council’s website, and a public notice displayed outside of the front of the Town Hall and the Council’s Offices at Pier Avenue, Clacton on Sea, that consultation had also included a range of licence holders of street collections and house to house collections, Community voluntary services and the Charity Commission.

The Licensing Authority had received one response to the public consultation during this time. Having taken into consideration that response, amendments had been made to the draft policy, and those could be found in red.  The response received was set out at Appendix B to the Officer report to the Committee.

The Committee, at its meeting held on 2 February 2026 (minute 16 referred), had considered the matter again (including the response received during the consultation).  Through the report, the Committee had been invited to determine its recommendation(s) to Cabinet.  The Committee’s decision had been as follows:-

“RESOLVED that the Committee:-

(a)     having received and considered the outcome of the public consultation on the draft policy, formally recommends the policy, as attached to the report (A.5) as Appendix A to Cabinet for its adoption; and

(b)     requests Cabinet to authorise Officers to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.”

The Policy Statement referred to in the above decision of the Licensing and Registration Committee was set out as Appendix A to the reference report.

Cabinet was cognisant that under the Leader of the Council’s approved Scheme of Delegation, as set out in Schedule 3 (Responsibility for Executive Functions) of Part 3 of the Council’s Constitution, the Portfolio Holder for Assets & Community Safety was the designated Executive Member for overseeing licensing policy matters.

Cabinet had before it the formal response of the Portfolio Holder for Assets & Community Safety to the Committee’s resolutions, as follows:-

“Thank you to the Licensing and Registration Committee for its consideration of a draft Charitable Collections Policy, undertaking public consultation and noting its outcome.  This is a new Policy for the Council, and its recommendation to Cabinet for approval and adoption is supported to ensure that applicants are provided with guidance and a framework exists for consistent decision-making, demonstrating good governance.”

Having considered the resolutions made by the Licensing and Registration Committee and the formal response thereto of the Portfolio Holder for Assets and Community Safety:-

It was moved by Councillor Kotz, seconded by Councillor Smith and:-

RESOLVED that -

1)       the proposed Charitable Collections Policy, as set out in Appendix A to the reference report (A.4), be adopted; and

2)       Officers be authorised to make minor amendments to the policy to ensure that it reflects the operational position of the Council and legislative / case law relevant to the policy.