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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee Tuesday 13th September 2011

 

Report of the Director of Legal, Public Protection and Housing Services

 

House to House Collection Application: - Support Hollies School Ltd for Hollies Action Group - Mr Aleksej Plachtej

 

Purpose of the Report

1.             To consider an application for a House to House Collection Licence from Mr Aleksej Plachtej.

Recommendations

The Committee is recommended to:

 

                   Refuse the application for a House to House Collection Licence from Mr Aleksej Plachtej.

                   Request a further report on House to House Collections with proposals for a policy which can be applied in respect of future applications relating to the proportion of proceeds which are donated to charities.

Reason for the Recommendations

                   That the total amount likely to be applied for charitable purposes as the result of the collection (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received.

                   To provide guidance on future House to House Collection Licence applications.

Background

2.             House to House Collections are regulated by the House to House Collections Act 1939 and the House to House Collections Regulations 1947.

3.             Support Hollies School Ltd and Support Pen-Y-Bont Ltd are clothing and textile collection companies of which Mr Aleksej Plachtej is the General Manager. The collections for charitable purposes are in respect of the charities Hollies Action Group, a centre for the education and assessment of children with learning difficulties or physical disabilities; and Y Bont, a centre based in Bridgend for children with disabilities and their families.

4.             A House to House Collection application was received on 28th June 2011 from Mr Aleksej Plachtej of Support Hollies School Ltd to carry out a House to House Collection throughout the whole of the Vale of Glamorgan area between 31st July 2011 and 31st June 2012. The application is attached at Appendix A to this Report.

5.             Two House to House Collection Licences have previously been issued to Mr Aleksej Plachtej on behalf of Support Pen-Y-Bont Ltd. One of which is still in force.

6.             Applicants must submit a returns schedule within one month of the expiry of a House to House Collection Licence detailing the account figures from the collection.

7.             The returns schedule for the collection that Mr Aleksej Plachtej carried out on behalf of Support Pen-Y-Bont Ltd between 13th July 2010 and 13th January 2011 detail that a low percentage of proceeds were donated to the Y Bont charity. A breakdown of the collection returns schedule is attached at Appendix B to this Report. A list of returns schedules for recent similar collections is attached at Appendix C to this Report and shows that less than 6% of the total proceeds were donated to the charity by Support Pen-Y-Bont Ltd.

8.             Due to the low percentage of proceeds that Mr Aleksej Plachtej has donated to charity on his previous House to House Collections, Members are asked to consider whether or not any further House to House Collection Licences should be granted to Mr Aleksej Plachtej.

Relevant Issues and Options

9.             There is no set percentage that organisations must donate to charities on a House to House Collection, however, when donating to a charitable purpose the public would wish to see a high percentage benefiting the charity.

Resource Implications (Financial and Employment and Climate Change if Appropriate)

10.        There are no financial implications that arise from this Report. No fee is applicable to charitable collection applications. The cost of dealing with the applications comes from the existing licensing budget/account.

Legal Implications (to Include Human Rights Implications)

11.        Should the Committee be minded to refuse the application it will be necessary to give written notice to the applicant setting out the grounds for refusal and specifying the right of appeal.

Section 2 (3) of the House to House Collections Act 1939 specifies the grounds on which a Licensing Authority may refuse to grant a licence, or, where a licence has been granted, may revoke it.

The two which the Committee may wish to consider are:

(a) that the total amount likely to be applied for charitable purposes as the result of the collection (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received (including any proceeds already received); and

(b) that remuneration which is excessive in relation to the total amount aforesaid is likely to be, or has been, retained out of the proceeds of the collection by any person.

Section 2 (4) of the House to House Collections Act 1939 outlines the right of appeal whereby if a licensing authority refuse to grant a licence or revoke a licence it must give written notice to the applicant stating the grounds for refusal with details of the right of appeal to the Secretary of State. Such appeal must be made within 14 days of the notice of refusal or revocation. The decision of the Secretary of State is final.

Crime and Disorder Implications

12.        The Council has a statutory duty to regulate licensing activities.

Equal Opportunities Implications (to include Welsh Language issues)

13.        There are no equal opportunity implications in this Report.

Corporate/Service Objectives

14.        To protect the health and safety of the community by ensuring businesses meets legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare.  To maintain a fair and equitable trading environment.

Policy Framework and Budget

15.        The proposals in this Report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

16.        None

Relevant Scrutiny Committee

17.        Housing and Public Protection

Background Papers

Section 2 (3) of the House to House Collections Act

Application for a House to House Collection Licence

Statement of previous returns - 13th July 2010 to 13th January 2011

Contact Officer

Kate Thompson, Principal Regulatory Services Officer, 01446 709105

Officers Consulted

None

Responsible Officer:

Peter H Evans,

Director of Legal, Public Protection and Housing Services