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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 17th April, 2012

 

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

 

House to House Collection Application: - Support Pen Y Bont Ltd - 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 Pen-Y-Bont Ltd are clothing and textile collection companies of which Mr Aleksej Plachtej is the General Manager. The collection for charitable purposes is in respect of Y Bont, a centre based in Bridgend for children with disabilities and their families.

4.             A House to House Collection application was received on 23rd February 2012 from Mr Aleksej Plachtej of Support Pen Y Bont to carry out a House to House Collection throughout the whole of the Vale of Glamorgan area between 22nd March 2012 to 21st March 2013. 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.

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 17th January 2011 and 16th January 2012 detail that a low percentage of proceeds were donated to the Y Bont charity. A copy of the collection returns schedule is attached at Appendix B to this Report.

8.             Section 3 of the returns schedule states that the total proceeds were £22,622.00.  Section 5 states that £14,214.00 was paid out for expenses or admin costs and £6,827.00 was paid out to collectors and leaflet distributors.

9.             Section 6 states that £1,581.00 was remaining for charitable purposes and that £1,529.00 was paid to Y Bont.

10.        There is a difference of £52 between the balance remaining for charitable purposes and the amount actually donated to Y Bont, with no explanation of where this went.

11.        Section 6 also states that 90% of the proceeds were donated to the charity or used for charitable purposes. The actual percentage of proceeds given to Y Bont according to the figures submitted would be approximately 96.7%.

12.        The percentage of the total collection given to Y Bont, is approximately 6.7% of £22,622.00.

13.        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.

14.        Licensing Committee considered a House to House Collection application made by Mr Plachtej at its meeting on 4th October 2011.  A copy of the minute is attached at Appendix C to this report.

15.        Licensing Committee deferred the decision and requested that the applicant provide a copy of his latest accounts.

16.        To date these have not been received by the Licensing Department.

17.        Licensing were also required to clarify the criteria used by Secretary of State when considering appeals against decisions of Local Authorities to grant House to House Collections Licences.

18.        Licensing wrote to the Secretary of State on 14th October 2011, 18th November 2011 and 12th January 2012 which was sent recorded delivery. To date Licensing have not had a response from the Secretary of State. Copies of the letters are attached at Appendix D.

Relevant Issues and Options

19.        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)

20.        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)

21.        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

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

Equal Opportunities Implications (to include Welsh Language issues)

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

Corporate/Service Objectives

24.        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

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

Consultation (including Ward Member Consultation)

26.        None

Relevant Scrutiny Committee

27.        Housing and Public Protection

Background Papers

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

Application for a House to House Collection Licence

 

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

 

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