Main Sections

Yes. A licence is required by anyone collecting money or selling aricles from door-to-door for charitable purposes and it is an offence to hold a collection without one.

An applicant may be expected to provide evidence of their integrity and the bona fide nature of the charity for whom they are collecting before permission is granted. This is normally by the applicant consenting to a check of their antecedents with the local police and providing details of registration of the parent charity with the Charity Commission. Where either of these checks are not possible, alternative provisions may apply on an individual basis.

House to House guidance notes

1. With the exceptions provided in Paragraphs 3 & 4 below: No collection for a charitable purpose in any locality may be made unless the promoter is licensed by the Licensing Authority of the area comprising that locality and the collectors are authorised by the promoter.

2. Application for a licence must be made in the prescribed manner. No licence can be granted for a period longer than 12 months. Where a licence is refused or revoked there is a right of appeal to the Secretary of State within 14 days from the date on which notice of the refusal or the revocation is given.

3. Where the Secretary of State is satisfied that a person pursues a charitable purpose throughout the whole or substantial part of England and Wales and will be promoting collections for that purpose, the Secretary of State may exempt that person from obtaining licences from the Licensing Authority by an Exemption Order.

4. If the Chief Constable for the Police Area where a collection for a charitable purpose is being or proposed to be made is satisfied that the purpose is local in character and that the collection is likely to be complete within a short period, a Police Certificate in the prescribed form may be granted to the person who appears to be principally concerned in the promotion of the collection; in this instance a licence from the Licensing Authority is not required.

5. Requirements:

a) Every promoter of a collection must exercise all due diligence to secure that persons authorised to act as collectors are fit and proper persons and secure compliance by collectors with the Regulations.

b) No promoter of a collection shall permit any person to act as a collector unless that person has been issued; 1) a prescribed Certificate of Authority, 2) a prescribed Badge, 3) if money is to be collected, a collecting box marked or a receipt book (with receipts and counterfoils or duplicates consecutively numbered) marked on every receipt with a general indication of the purpose of the collection and a distinguishing number.

c) In the case of a collection in respect of which a licence has been granted, every prescribed certificate of authority shall be given on a form obtained from HM Stationery Office and every precribed badge shall be so obtained.

d) No persons under the age of 16 years shall act or be authorised to as a collector of money.

e) No collector shall pester any person to the annoyance of such person or remain in or at the door of any house if requested to leave by the occupant.

f) The promoter of a collection must, within one month of the expiry of the licence, submit an account of the collection on the Form of Statement prescribed to the Licensing Authority or Secretary of State as the case may be.

6. Definitions:

Charitable Purpose: any charitable, benevolent or philanthropic purpose.

Collection: an appeal to the public made by means of visits from house to house to give, whether for consideration or not, money or other property.

House: includes a place of business.

Proceeds: in relation to a collection, all money and all other property given whether for consideration or not, in repsonse to the appeal.

Promoter: a person who causes others to act as collectors for the purposes of the collection.

Do I need permission to collect money in the street for charity?

Yes. The requirements are similar to those given above for house- to-house collections.

A street collection programme is in operation and the Havant Borough is divided into five areas; Havant, Waterlooville, Leigh Park, Emsworth and Hayling Island. This ensures the smooth running of collections and avoids more than one charity collecting in the same area on any one day. A maximum of five dates per year are allowed. It is advised to contact the Licensing Department>> early with proposed dates and areas before submission of an application form to avoid disappointment. Once dates and areas have been provisionally agreed, the Licensing Department will send out an application form. Applications should be made a minimum of one month before the proposed collection and provisional dates are held for one month only. Collections on Saturdays in December are restricted to one day per charity. If the collection raises more than £100 you are required to advertise the details of your collection.

Street Collection guidance notes

1. Definitions:

Collection: a collection of money or sale of articles for the benefit of a charitable purposes.

Collector: a person who collects money or sells articles for the benefit of a charitable purposes.

Promoter: a person who causes others to act as collectors.

Permit: permit for a collection.

Contributor: a person who contributes to a collection and includes a purchaser of articles for sale for the benefit of charitable or other purposes.

Collecting box: a box or other receptacle for the reception of money from contributors.

2. No collection, other than a collection taken at a meeting in the open air, shall be made in any street or public place within the Borough of Havant unless a promoter has obtained a permit from HBC .

3. Application for a permit shall be made in writing no later than one month before the date of the proposed collection. HBC may reduce the period of one month if satisified there are special reasons for doing so.

4. No collection shall be made except upon the day and between the hours stated in the permit.

5. HBC may, in granting a permit, limit the collection to such streets or public places or such parts thereof as it thinks fit.

6. a) No person may assist or take part in any collection without the written authority of a promoter. b) Any person authorised under section 6a) shall produce such written authority immediately for inspection on being requested to do so by a duly authorised officer of HBC or any police officer.

7. No collection shall be made in any part of the carriageway of any street which has a footway. HBC may, if it thinks fit, allow a collection to take place on the said carriageway where a collection has been authorised to be held in connection with a procession.

8. No collection shall be made in a manner likely to inconvenience or annoy any person.

9. No collector shall importune any person to the annoyance of such person.

10. While collecting: a) A collector shall remain stationary. b) A collector or two collectors together shall not be nearer to another collector than 25 meters. Provided that HBC may, if it thinks fit, waive the requirement of this Regulation in resepct of a collection, which has been authorised to be held in connection with a procession.

11. No promoter, collector or person who is otherwise connected with a collection shall permit a person under the age of sixteen to act as a collector.

12. Requirements:

a) Every collector shall carry a collecting box.

b) All collecting boxes shall be numbered consecutively and shall be securely closed and sealed in such a way as to prevent them being opened without the seal being broken.

c) All money received by a collector from contributors shall immediately be placed in a collecting box.

d) Every collector shall deliver, unopened, all collecting boxes in his/her possession to a promoter.

e) A collector shall not carry or use any collecting box, receptacle or tray which does not prominently display the name of the charity or fund which is to benefit nor any collecting box which is not duly numbered.

13. a) Subject to 13b) below, a collecting box shall be opened in the presence of the promoter and another responsible person. b) Where a collecting box is delivered, unopened, to a bank and an offical of the bank opens it. c) As soon as a collecting box has been opened, the person opening it shall count the contents and enter the amount with the number of the collecting box on a list which shall be certified by that person.

14. No payment shall be made to any collector. No payment shall be made out of the proceeds of collection, either directly or indirectly, to any other person connected with the promotion or conduct of the collection for services connected therewith unless such payments have been approved by HBC .

15. Within one month after the date of collection the person to whom a permit has been granted must forward to HBC : a) a Form of Statement as set out in the Schedule to these Regulations showing the amount received and the expenses and payments incurred in connection with a collection, certified by that person and either a qualified accountant or an independent responsible person acceptable to HBC . b) a list of the collectors. c) a list of the amounts contained in each collecting box and shall, if required by HBC, satisfy it as to the proper application of the proceeds of the collection.

16. Within one month after the date of collection the person to whom a permit has been granted shall, at the expense of that person and after the form of statement under 15a) above has been given, publish in such newspaper(s) as HBC may direct, a statement showing the name of the person to whom the permit has been granted, the area to which the permit relates, the name of the charity or fund to benefit, the date of collection, the amount collected and the amount of the expenses and payments incurred in connnection with the collection. HBC may, if it thinks fit, waive this requirement in respect of the collection where the total amount collected does not exceed £100.00. HBC may also, if it thinks fit, extend the period of one month referred to at 15 and 16.

17. For the purpose of the Regulation a 'qualified accountant' means a member of one or more of the following bodies: The Institiute of Chartered Accountants in England and Wales; The Institiute of Chartered Accountants in Scotland; The Association of Certified Accountants; The Institiute of Chartered Accountants in Ireland or the Manager of a Bank or Building Society.

18. These Regulations shall not apply to a collection taken at a meeting in the open air or to the selling of articules in any street or public place when the articles are sold in the ordinary course of trade.

NOTES

Please inform if the need to reduce the area of collection arises. This enables another organisation to undergo a collection that may otherwise be denied.

Please inform if a collection event is cancelled. This enables another organisation to undergo a collection that may otherwise be denied.

In any event HBC should be notified in writing when a street collection does not take place in order to close the file on the matter.

Street Collection advertisement notes

News cuttings: If your collection raised more that £100.00, you are required by HBC ’s Street Regulations (made under the Police, Factories (Miscellaneous Provisions) Act 1916 to advertise, at your own expense, details of your collection.

The News offers a free editorial service for charity notices when space permits. However, free space is not always available owing to the time constraints of running a busy daily paper and it is suggested that you are more likely to have success with a free ad in their weekly paper. The Editor also points out that the staff of The News cannot undertake to look for your notices or inform you when they were or are likely to be printed.

Details of your collection should be sent to: The News Desk, The News, The News Centre, London Road, Hilsea, Portsmouth, Hants PO2 9SX or faxed to them on : 023 9267 3363

Details of your collection should include:

a) The name of the person to whom the permit was granted.

b) The area 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.

f) The amount of expenses incurred in connection with the collection ( if any).

Do I need a licence for a raffle to raise money for a charity or a good cause?

It depends whether the proposed event is considered a lottery and to whom and where tickets will be sold. A lottery is a game of chance used to raise money for a club, society or charity and it is an offence to run one without a licence. Money raised must be for good causes and not for private or commercial gain.

If you answer YES to the following questions, then your proposal is a lottery (if any of the questions are answered NO, then it is not a lottery and no licence is necessary).

Will there be a distribution of a prize/prizes*?
Will the winner(s) be drawn by chance and not skill?
Will the people taking part make a payment/consideration for a chance to win a/the prize?

* Prizes can be monetary or non-monetary; they can be cash, goods or services. Under the Licensing Act laws, alcohol must be in an appropriate sealed container and must not be awarded to anyone under 18. Please contact the Licensing Department for further information on 023 9244 6653.

For HBC purposes, there are four sorts of lotteries; an incidental non-commercial lottery at an entertainment event, a private lottery, a customer lottery and a society's lottery. All have different rules to comply with so it is important to establish whether a licence is required. The only one of the four which needs to be registered with HBC is a society's lottery.

How to run a Lottery without breaking the law

You want to raise some money; not for yourself but for a club or society that you belong to, or for charity. But you do not want to break the law - for minor lottery offences you could be fined up to £5000, and more serious offences carry a penalty of up to two years' imprisonment and an unlimited fine as well. You can do it legally and lots of clubs and societies make a great deal of money for very worthy causes through running lotteries.

A lottery is a game of chance. If the winner is decided wholly on skill then it is not a lottery but a prize competition. For example, estimating the weight of a cake is a skill so the lottery rules do not apply. Beware of a prize competition where, although the first part depends on skill or judgement, the final determination of winners is by lot or chance. The first part will be a prize competition but the second party will be a lottery and may not be lawful.

Lotteries guidance notes - 'raffle'

The first sort of lottery you can run is a simple 'draw' or 'raffle' during an event such as a dance or a fete or a football match.

1. The people who come to the event must come primarily for the dance or the fete or the match, not so they can take part in your lottery.

2. The profits from the events and from the lottery must not be for private gain.

3. Do not spend more than £500 of your ticket income on prizes.

4. None of the prizes can be money prizes.

5. Sales of tickets and declaration of the winners must take place during the event itself. Lottery tickets may not be sold beforehand under any circumstances.

6. Ordinary 'cloakroom' tickets can be used.

7. There is no need for the price of all tickets to be the same, for example, tickets could be sold at a discount for quantity.

8. The promoters of the Lottery may deduct not more than £100 from the proceeds for expenses such as printing tickets or hire of equipment etc.

9. There can be no rollover of prizes to another lottery.

10. There is no need to register with the Council for this sort of lottery.

Lotteries guidance notes - 'private lottery'

The second sort of lottery is a private lottery of which there are 3 types. This is where tickets are sold only to 1) members of an existing club or society (you cannot form a club merely to sell lottery tickets to members), 2) people who work at the same place, or 3) people who all live at the same place.

1. All the tickets have to have special information on them. It is best to get them printed but you can do them yourself on a photocopier. Each ticket must show on the front:

a) The price (all tickets the same).

b) The name and address of the promoter who is in charge of the lottery.

c) "Sale of tickets is restricted to ______________________ (and fill in eg:) Members of ABC Football Club, Employees of DEF Limited, or Residents of GHI House".

d) "No prize won in this lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket was sold by them" (ie: tickets are not transferable).

2. Sale of tickets must be restricted to the club, the place of work or the house whose name is on the tickets.

3. If it is a club lottery, all of the money taken from ticket sales (except printing expenses) must either be spent on prizes or given to the club or society running the lottery and used for the purposes of that Club or Society.

4. If it is a lottery for people who work at the same place or live at the same place, all the proceeds, after the deductions of printing expenses, must be given out as prizes. Nothing can be given to any other organisation (ie: a charity) from the proceeds of this kind of lottery.

5. You cannot advertise the lottery outside the club, the place of work or the residence in question.

6. Do not send tickets by post.

7. If your club or society is part of a national group such as the Women's Institute, every branch of the club counts as a separate club. For example, Havant WI cannot sell tickets to any other WI branch, even though they are part of the same national organisation.

8. There is no need to register with the Council for this sort of lottery

Lotteries guidance notes - 'customer lottery'

The third type of Lottery is a customer lottery which is run by the occupiers of business premises who sell tickets only to customers present on their premises.

1. The Lottery must be arranged to ensure no profit is made.

2. The tickets may be sold or supplied only by or on behalf of the promoter.

3. No advertisement may be displayed or distributed anywhere except on the business premises, nor sent to any other premises. The lottery can therefore only be advertised on the premises on which it is held.

4. Another Customer Lottery cannot take place within seven days on the same business premises.

5. Tickets (and the rights they represent) are not transferable.

6. No ticket may result in the winner receiving a prize more than £50.

7. No rollover of prizes is permitted.

8. Each ticket must state:

a) The name and address of the promoter of the lottery.

b) The persons to whom the promoter can sell or supply tickets.

c) That tickets are not transferable.

d) The price (must be paid in full with no credit allowed).

9. There is no need to register with the Council for this sort of lottery.

Lotteries guidance notes - 'small society lottery'

The fourth sort of lottery is where your club or society wants to sell the tickets to the public and not just to its members or to those attending a particular entertainment event. As you are selling to the public, the controls are much more strict.

1. Register your society with the Council, for charges see under Gambling Act Permit Fees>>. Your society can only be registered if it is not run for private gain and is based in Havant.

2. Get a lottery scheme approved at a meeting of the management committee or at the Annual General Meeting of your club. Decide now and write down how many lotteries you want during the year and how much of the proceeds you will give away as prizes, (See paragraph 6). Write down the name of the person who will promote or organise them and the names of the two "responsible people" who will check your results. All three must be members of your society (but see paragraph 15 below).

3. Make sure that no separate lottery brings in more than £20,000 and that the total value of all tickets on sale in the same calendar year does not exceed £250,000. If you are ambitious enough to want to raise more on each lottery, or in any one calendar year, you must register not with the Council but with: The Gambling Commission, Telephone 0121 230 6666 or e-mail info@gamblingcommission.gov.uk

4. All tickets must have written or printed on them:

a) The name of your club or society.

b) The name and address of the promoter who is organising the lottery.

c) The date of the draw, when the winners will be announced. (But see paragraph 9 if you are having an 'instant' lottery or paragraph 11 if your customers have the same ticket every week in a weekly draw).

d) The price of the ticket (must be the same for all tickets, but there is no maximum price for a ticket).

e) The ticket number.

f) The words "Registered with Havant Borough Council".

5. If your organisation is a registered charity, Section 3 of the Charities Act 1992 requires that, if your organisation has a gross income exceeding £10,000 per annum, you must also ensure that the ticket states that the organisation is a registered charity.

6. If you pay anyone to promote or help with your lottery, you might agree to put their name on your tickets or advertisements. If so, do not print their name any larger than the smallest lettering used for your club or society's name.

7. Do not let children under 16 handle the tickets. No one under sixteen may buy or sell tickets in this kind of lottery, nor may anyone sell them in any street or other public place.

8. Prizes can be either cash or non-monetary. The maximum prize for a participant is £25,000. The amount of money deducted from the proceeds of the lottery to cover prizes and expenses incurred with the running of the lottery, such as manager’s fees, must not comprise more than 80% of the total proceeds of the lottery. 20% of the proceeds must be applied to a purpose for which the promoting society is conducted. Rollovers are only permitted where every lottery affected is also a small society lottery promoted by the same society, and the maximum single prize does not exceed £25,000.

9. Instant Lotteries Only. If you are having an 'instant' lottery, where people buying tickets open 'windows' in the card or rub off a square to see whether or not they have won, be careful! You have to have 'date of the lottery' on each ticket. Choose a date a few weeks ahead, when you can guarantee to have sold all the tickets.

10. It is illegal to have an 'instant' lottery where anyone can predict, in advance, which tickets will win.

11. Weekly/Montly Subscription Lotteries Only. If you are having a draw every week or month but your customers keep the same ticket all the time, each ticket number will go into each draw so write on the tickets, for example: "Date of lottery: this ticket number will go into a 'draw' every Saturday from now until December 200-, provided that the weekly price of £1.00 is paid in ADVANCE of each Saturday's draw". Of course you can change the day of the week and the ticket price to suit your club. The date, instead of ' December 200-' should be when your Lottery Scheme expires (see paragraph 2).

12. It is illegal to have a bonus prize which depends on buying several tickets at a total price exceeding £1.00, or to have a bonus prize for weekly or monthly subscription lotteries which depends on regular subscriptions. "One lottery a week or month and each lottery separate", is the rule.

13. All Society Lotteries. Sales of tickets in separate lotteries may overlap but do not start selling any lottery tickets more than three months before the date of the draw in your previous lottery.

14. Within three months of the date of the lottery, you must send a completed Return Form to the Licensing Officer. The three months begin when the draw is made to find out who the winners are. This applies to all Societies' Lotteries. With an 'instant' lottery, the date is the date on the tickets ie: the last date tickets were on sale (See paragraph 9).

15. The Return Forms can be obtained from the Licensing Officer. You must send a copy of your Lottery Scheme (See paragraph 2) with each Return Form. If you have weekly lotteries, send the Return Forms in batches every two months, with one Lottery Scheme per batch.

16. Lottery Managers. Anyone who manages a society's lottery must be either a member of the society, an employee, a company wholly owned by the society, a person certified by the Gaming Board as a lottery manager or the employee of such a person.