STREET COLLECTIONS - NOTES FOR PERMIT HOLDERS
1.A copy of the Council's Street Collection Regulations is enclosed. Please read them carefully and keep them for future reference. A further copy can be obtained free of charge.
2.Your particular attention is drawn to Regulation 16(1), which concerns the Statement of proceeds, disbursements and other particulars, which need to be declared to the Council. Two copies are enclosed of the Form of Statement, one of which must be completed and returned within one month of the date of collection to:-
Licensing, Wakefield One, Wakefield Council, PO Box 700, Burton Street, Wakefield, WF1 2EB
Sub-paragraphs (b) and (c) of Regulation 16(1), require that the attached statement must be accompanied by a list of collectors and a list of amounts contained in each collecting box.
3.The completed Form of Statement must, in accordance with Regulation 16(1)(a) be certified both by the permit holder and by either a qualified Accountant with qualifications as defined in Regulation 16(4) or an independent responsible person acceptable to the Council (such as a Minister of Religion, school teacher, lawyer, bank official, senior public official, or other person of suitable standing within the community). A near relative would not be acceptable nor would a Councillor serving on Wakefield Metropolitan District Council, because the Council is the Licensing Authority
4.Regulation 16(2) requires a notice to be published in such newspaper(s) (if collected more than £150) as the Council may direct. This must be placed in the public notices section of the newspaper best suited to the area in which the collection took place, for example if the collection took place in Pontefract then the advert should be placed in the Pontefract and Castleford Express. The newspapers acceptable to the Council are attached in a list with these notes. A suggested format for the notice is on page 3.
The whole page of the newspaper containing the notice required to be published must be supplied to the Head of Legal & Democratic Services at the address shown above. This should be supplied at the same time as the Form of Statement referred to in paragraphs 2 and 3 above. If the amount does not exceed £150 you do not need to place a notice in the newspaper. More details on this can be found in the on page 2 headed SPECIAL NOTICE TO ACCOMPANY STREET COLLECTION PERMITS.
5.If the Permit is not Used
If you are unable to use the permit please inform the Head of Legal & Democratic Services as soon as you can. If you do not the permit holder will be considered to be in default by not supplying the Form of Statement of and/or the newspaper notice.
6.Transfer of Permit
A permit holder may not transfer the permit to any other Organisation or person without the consent of the Council.
7.Applications to be Received One Month Before Proposed Collection Date
Regulation 3 requires that except where there are special reasons approved by the Council, written application must be made at least one month before the date of the proposed Street Collection or the Council may not be able to process the application.
Organisations seeking a particular date(s) for which there could be a heavy demand e.g. (dates in summer or close to Christmas) are asked to apply well in advance of the desired date(s).
SPECIAL NOTICE TO ACCOMPANY STREET COLLECTION PERMITS
Newspaper Advertisements
Regulation 16(2) of the Council's Street Collection Regulations requires a permit holder to place a notice in such newspaper(s) (if collected over £150) as the Council may direct in the public notices section showing the following:-
(a)The name of the person to whom the permit has been granted;
(b)The town(s) to which the permit relates;
(c)The name of the Charity or fund to benefit;
(d)The date of the collection;
(e)The amount collected; and
(f)The amount of the expenses and payments incurred in connection with the collection.
The notice should be placed in the newspaper(s) within one month of the date of the collection. To help permit holders in complying with this regulation, an example of the notice required is attached to this note.
It is clear that there is a failure on the part of many permit holders to comply with the requirements of Regulation 16(2). Newspaper cuttings supplied to the Council after a collection has taken place, in most cases show the amount collected and the charity to benefit and usually the town(s) in which the collection has taken place and the date(s), but more often than not the name of the permit holder and the amount of expenses and payments incurred are left out.
The Council can require newspaper publication irrespective of the amount collected but do not usually insist on publication where the total amount collected does not exceed £150.00. For all practical purposes, therefore, newspaper publication is only required when the total amount collected is above £150.
In cases where a newspaper notice is required the Council feel that they have a duty to the public who donate to ensure newspaper publication of all the required particulars and I have to inform you that the Council have decided, quite apart from the legal powers they can exercise where default occurs, that person and/or the organisations for whom they act who fail to comply fully with the publication requirements of Regulation 16(2) will not in future be granted a street collection permit.
The legitimate cost of newspaper advertising, is of course, a deductible expense from the proceeds of a street collection. Newspapers should be informed by the permit holder that all prescribed particulars must be printed and that any expense of doing so will be borne by the permit holder or his/her organisation. The permit holder will need to ascertain beforehand from the newspaper office the cost of the notice so that the amount can be included in the notice as part of the expenses and payments.
The Council fully appreciate that permit holders and the organisations they may represent are anxious that as much as possible of the funds raised should go to Charity. However, as I feel sure you would agree, the Council consider that public accountability must rank equally in importance.
NEWSPAPER(S) IN WHICH A STATEMENT IS REQUIRED BY REGULATION 16(2) TO BE PUBLISHED
*1.Wakefield Express, Southgate, Wakefield (01924) 375111
*2.Pontefract and Castleford Express, 8 Bank Street, Castleford (01977) 702151
3.Yorkshire Post, 1 Smyth Street, Wakefield (01924) 375762
4.Evening Post, 1 Smyth Street, Wakefield (01924) 375585
NOTE:The newspapers marked * form part of the Wakefield Express Series Ltd, Express House, Southgate, Wakefield, with whom the insertion of an advert can be placed direct, as an alternative to arrangements through the respective local offices. This may be useful where the permit holder has to publish the result of collections taken in different areas on the same day or days near together.
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