Completing your application
How to apply
The organiser of a public charitable collection must apply using this application form at least one month before the date of collection.
Regulation Summary
Any person who organises a public charitable collection without the permission of the local authority shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £200.
The requirement for such a licence does not apply to a collection which takes place in the course of a public meeting or to a collection which takes place by means of an unattended receptacle kept in a fixed position in a public place.
Fees
There is no fee.
Contact Details
Karen Campbell, Municipal Buildings, Albany Street, Oban, PA34 4AW. 01631 567855
areagovernance@argyll-bute.gov.uk
Consumer Complaint
Head of Legal and Regulatory Support
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Kilmory, Lochgilphead PA31 8RT
Eligibility criteria
Any individual or organisation can apply to hold a public charitable collection
The application process
On receipt of the application we will consult with Police Scotland.
When we grant permission we may impose conditions that we see fit, taking local circumstances into account.
We may refuse permission on any of the following grounds:-
That the date, time, frequency or area of the collection would cause undue public inconvenience;
That another collection in respect of which permission has been granted or which is exempt under subsection 11 of the legislation, is due to take place on the same or a proximate date;
That it appears to us that the amount likely to be applied for charitable purposes in consequence of the collection is inadequate having regard to the likely amount of the proceeds of the collection;
That the organiser of the collection has been convicted of an offence under section 5 of the Police, Factories, etc (Miscellaneous Provisions) Act 1916 or the House to House Collections Act 1939.
Appeals
If you have made an application for a licence and it has been refused
You may ask us for the reasons for our decision to refuse your application within 21 days of the decision date.
You may appeal to the sheriff against the decision, within 28 days of the decision, as long as you have already followed any available procedure to state your case to ourselves.
The appeal will only be successful if the sheriff considers that we, in making our decision, had:
- erred in law
- based our decision on an incorrect material fact
- acted contrary to natural justice
- exercised our discretion in an unreasonable manner
You may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff’s decision.
Appeals - Licence Holders
Appeals against the refusal of an application must be made to the Sheriff Principal of North Strathclyde, Paisley Sheriff Court, St James Street, Paisley, PA3 2AW.
You may appeal if we decide to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work. You may appeal against the decision within 28 days of being notified, as long as you have already followed any available procedure to state your case to ourselves.
The appeal will only be successful if the sheriff considers that we, in making our decision, have:
- erred in law
- based our decision on an incorrect material fact
- acted contrary to natural justice
- exercised our discretion in an unreasonable manner
You may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff’s decision.
Objections or representations
Objections or representations relating to a licence application may be made in writing to the licensing section, within 28 days of notice of the licence application being given, stating:
- the grounds of the objection or nature of the representation
- the name and address of the person making the representation
Police Scotland, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to ourselves.
The appeal will only be successful if the sheriff considers that we, in making our decision, had:
- erred in law
- based our decision on an incorrect material fact
- acted contrary to natural justice
- exercised our discretion in an unreasonable manner