Legal requirements and exemptions
Regulation summary
The power to regulate house to house collections and issue licences is contained in the House to House Collections Act 1939 (OPSI.gov webpage)and the House to House Collections Regulations 1947.
Legal requirements for House to House charitable collections
The main Act of Parliament covering the licensing of house to house collections is the House to House Collections Act 1939 and regulations made thereunder. These regulations are summarised in this leaflet and provide for the legal control and supervision of licensed collections.
The 1939 Act was introduced with the main aim of preventing the promotion of collections by which considerable sums of money were collected from the public but with very little going to a charitable purpose. Parliament intended, however, to introduce a licensing code for “reasonable activities of reputable charities”. The 1939 Act will, in due course, be replaced by the Charities Act 1992 which will introduce a new licensing code.
Licences for door to door collections are granted to promoters who then empower other persons to act as collectors. You must specify the charitable purpose to benefit from your collection and tell us whether you wish to collect in all or part of Portsmouth.
Licences can be granted for such time periods as we consider suitable and we can either shorten (or extend!) the time period for collecting. In special circumstances, a licence could be issued for a period of 18 months, the normal ‘maximum’ time however is 12 months. From experience, we note, promoters normally apply for a licence for monthly periods at a time.
There are no rules preventing us from granting a number of licences in any one year to the same promoter but in each and every case we must be satisfied that you have complied with the requirements of the Act. Although we can refuse to grant or revoke (on prescribed grounds) a licence, we cannot do so merely because your collecting dates might ‘clash’ with another collection.
When do I not need a licence for House to House charitable collections
Although generally speaking you need a licence to obtain money and/or property by way of public appeal, there are certain exemptions from the Act or other activities that mean you do not need a house to house licence from us. They are:
Local collections over a short period of time
The police may grant a certificate to any person principally concerned in a collection of a local nature which exempts that person from requiring a licence from us under the Act. It is important to note that the collection ‘purpose’ must be local, ie relevant to Portsmouth. You should, if you think this applies to you, go to your local police station and ask to see an Inspector. Tell them you are making application under section 1(4) of the 1939 Act
WARNING: If granted a certificate by the police you and any collectors must not use badges, documents or certificates calculated to deceive the public AND you must not refuse to give your name and address to a police officer if asked. This is an offence.
National collections throughout England
The relevant Secretary of State may exempt a person/organisation from the requirements to hold a licence if satisfied that you “pursue a charitable purpose throughout the whole of England or a substantial part thereof”.
WARNING: Only holders of ‘exemption’ orders may promote envelope collections after obtaining permission from the Secretary of State. No other person or promoter may promote an envelope collection under a licence issued by the Council.
Collecting in a street or public place in Portsmouth
WARNING: You would need a separate Street collection permit from us to collect in this way. You must not therefore collect money ‘on route’ from house to house or say pub to pub.
Selling of goods from door to door in Portsmouth
WARNING: You must not make appeals to the public whatsoever that ANY of the proceeds will be used for a charitable purpose (no matter how small an amount)- you would then need a licence from us. You should also check with the police if you need a pedlar’s certificate.