Information on which parts of the Policy that are not fixed by regulations

Section 4 - The application process

Requirements fixed by the regulations which do not form part of the consultation:

• An application for a permit shall be made in writing not later than one month before the date on which it is proposed to make the collection

Policy requirements and conditions that are open for comment and possible amendment:

• Only applications that are fully complete will be processed.
• Applications will be processed on a ‘first come first served’ basis.
• Applications for the next calendar year should only be submitted after the first working day of the year in question, unless the collection date requested occurs in the first three months of that year.
• Applications will only be granted to charities registered with the Charity Commission or from applicants who are not acting on behalf of a registered charity but are able to demonstrate they are representing a charitable or non-profit making organisation that has a positive impact within the Council’s area. (Proof of charitable status or the charitable nature of the organisation or individual may be required with the application).
• If relevant, the applicant, must gain the written permission of the owner or controller of the location of the proposed street collection.
• Unless there are exceptional circumstances only one permit per area (village/town or Chester City) will be granted per year for each charity (this does not exclude applications for different areas of the district on different days).
• The Council will not allow more than one collection in a two-week period in any village, town or city, within the Cheshire West and Chester District.

Section 5 - Location restrictions

Requirements fixed by the regulations which do not form part of the consultation:

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

Policy requirements and conditions that are open for comment and possible amendment:

• The Council will not allow a collection to take place within 100 feet (30 metres) of the Cross, in Chester.
• The Council will not allow a collection to take place at the Amphitheatre, Chester.
• The Council will not allow a collection to take place in parks and green spaces under the control of the Council.
• The Council will not allow a collection to take place on any road or pathway within 750 feet (228 metres) of an entrance to Chester Racecourse (this applies on race/event days only) (see map Appendix 2 of the draft Policy).

Section 6 - Exemptions

Requirements fixed by the regulations which do not form part of the consultation:

• The Council may reduce the application notice period of one month if satisfied that there are special reasons for so doing.
• These Regulations shall not apply –
  • (a) in respect of a collection taken at a meeting in the open air;
  • (b) to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade.

Policy requirements and conditions that are open for comment and possible amendment:

• The Council can waive the one-month notification period where a collection is of national and/or local interest. In these cases, the granting of an exemption will be considered by a senior regulatory services manager.
• The restriction on the number of street collections/days a street collection can take place can be disapplied under the following circumstances:
  • where a collection is of national and/or local interest.
  • where the application is made by a recognised national charity requesting a recognised day or period during which the street collection will take place (E.g. Red Nose Day/Poppy Appeal/Children in Need).
• The location restrictions detailed in Section 5 of the Policy will not be applied where the applicant has obtained the written consent of the landowner or if on Council land, the written consent of a Council director, or the collection has been included in an event approved by the Council’s Safety Advisory Group.

Section 8 - Refusals to grant

Requirements fixed by the regulations which do not form part of the consultation:

• Not applicable.

Policy requirements and conditions that are open for comment and possible amendment:

• An application will be refused if the applicant fails to demonstrate evidence of charitable status or the charitable nature of the organisation.
• An application will be refused if the applicant has previously been issued a street collection permit and failed to submit the required return.
• An application will be refused if the applicant has previously been issued a street collection permit and not adhered to the location restrictions.
• An application will be refused if the applicant has previously been issued a street collection permit that has been the subject of complaints over harassment and/or obstruction.
• An application will be refused if the applicant has previously been issued a street collection permit and breached any of the regulations and conditions attached to the permit.