Westminster Council urges law change on street collectors
Aggressive tactics by unlicensed groups operating as CICs prompt call for new enforcement powers.
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Westminster City Council is seeking legislative reform to combat aggressive tactics employed by unlicensed street collectors. The council reports that these individuals, frequently operating under the guise of Community Interest Companies (CICs), exploit public goodwill by targeting emotive causes and employing intimidating behaviour.
Pressure on public spaces
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The borough experiences significant pressure from these activities due to its high volume of visitors, estimated at over 800,000 daily. Collectors are particularly active near major transport hubs like Victoria and Marylebone stations, as well as popular West End attractions. They collect donations through both cash boxes and contactless payment methods.
Concerns have been raised that donations to these CICs may not always directly benefit the stated causes, with funds potentially covering director salaries. Causes frequently highlighted include support for veterans and addressing rough sleeping, which prey on the public's generosity.
Outdated legislation hinders enforcement
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The existing legislation governing street collections, the Police, Factories, & c. (Miscellaneous Provisions) Act 1916, is deemed insufficient by Westminster City Council. The council states that the Act does not provide adequate tools for licensing authorities, such as the Metropolitan Police, to effectively enforce against illegal activity and protect legitimate charitable fundraising.
Enforcement actions are described as cost-prohibitive, with court-recovered fines often lower than the expense incurred by local authorities in pursuing cases against CICs. This situation allows unlicensed collectors to continue operating with a perceived impunity.
A national coalition of enforcement and regulatory bodies, convened by the Fundraising Regulator, previously identified this legislative loophole. Westminster City Council fully supports recommendations to amend the 1916 Act to grant licensing authorities the power to issue Fixed Penalty Notices to CICs found operating without a licence.
Call for legislative change
Councillor Paul Swaddle, Leader of Westminster City Council, has written to the Department for Culture, Media & Sport, urging legislative action. He highlighted that without revised powers, council officers have resorted to using other legislation, such as Anti-Social Behaviour (ASB) powers, with limited success. This approach does not address the fundamental issues with the primary legislation.
The council also seeks support for businesses and landowners when CICs operate on private land, which can further complicate enforcement efforts and limit options for authorities and property owners.
Questions this report answers
+What problem is Westminster City Council trying to solve?
Westminster City Council is experiencing aggressive tactics from unlicensed street collectors, many of whom operate as Community Interest Companies (CICs). These groups often prey on emotive causes and intimidate people into donating, and current laws make it difficult to enforce against them.
+Why are current laws inadequate?
The legislation governing street collections dates back to 1916 and does not provide sufficient powers for enforcement. Fines recovered through the courts are often less than the cost of taking action, allowing unlicensed collectors to operate with impunity.
+What changes is the council asking for?
Westminster City Council supports amending the 1916 legislation to allow licensing authorities, such as the police, to issue Fixed Penalty Notices to CICs caught operating without a licence. This would provide a more effective tool for clamping down on unruly behaviour.
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