Agenda item

To receive an update report on the progress to date towards an agreement with representatives of the Public Fundraising Regulatory Association with a view to establish an agreement to regulate the working days and areas of charity street fundraisers in Redditch Town Centre.

The Committee considered a report which provided details of Worcestershire Regulatory Services (WRS) officers who had engaged with representatives of the Public Fundraising Regulatory Association (PFRA) with a view to establishing an agreement to regulate the working days and areas of face to face direct debit charity street fundraisers in Redditch Town Centre.

The Senior Licensing Practitioner introduced the report and drew Members’ attention to the findings of the Redditch Market Task Group, who were commissioned to carry out a review by the Council’s Overview and Scrutiny Committee in November 2011.  One of the recommendations in the Redditch Market Task Group’s final report was that the Council should engage with the Public Fundraising Regulatory Association (PFRA) with a view to reaching an agreement to regulate the working days and areas of face to face direct debit charity street fundraisers in Redditch Town Centre.

The Redditch Market Task Group report highlighted that one of the major concerns raised by those market traders consulted with was the operation of face to face  direct debit charity street fundraisers,  often  termed as ‘chuggers’, in the very near vicinity of the market.  The presence of the charity street fundraisers in Alcester Street and Market Place often had a detrimental impact on trade as this was clearly deterring potential shoppers from entering the market area in the knowledge that they would likely be approached by charity street fundraisers.

The market traders also reported that on a number of occasions the charity street fundraisers had encroached upon the market trading area that was supposedly off-limits.  This was believed to have had a damaging impact on trade especially as the adjacent Kingfisher Shopping Centre had already imposed a ban on charity fundraisers.

Members of the Task Group acknowledged that street fundraising was a crucial method for many charities in raising money for very worthwhile causes.   The Task Group did not therefore propose that a byelaw, which would require the approval of the Secretary of State, was developed that would ban face to face direct debit charity street fundraisers from operating in the town centre altogether. However, they felt that a fairer balance could and should be reached that would preserve the various charities ability to raise donations in Redditch Town Centre but not at the expense of the market trade.

Given that one of the Task Group’s main recommendations was to reduce the number of general retail market operating days to no more than three days a week, Task Group Members felt that this provided sufficient scope for direct debit charity street fundraisers to operate in Redditch Town Centre outside of the market’s trading days.

The PFRA are a charity-led membership body that self-regulates all forms of face to face direct debit fundraising.  This would be a voluntary arrangement which was not legally binding and could not be upheld through formal enforcement action. However they had been implemented by a number of local authorities throughout the United Kingdom and had been proven to work well in minimising problems.

The Council’s Executive Committee had considered the final report of the Redditch Market Task Group and had agreed with the recommendation that the Council should engage with the PFRA with a view to reaching an agreement to regulate the working days and areas of face to face direct debit charity street fundraisers in Redditch Town Centre.

Officers from WRS, along with Members and officers from Redditch Borough Council had engaged with representatives of the PFRA with a view to establishing such an agreement and a number of meetings had taken place.

In September 2013 a site visit was undertaken by Members,  officers and the then Head of Policy at the PFRA in order to establish suitable locations for face to face direct debit charity street fundraisers within Redditch Town Centre.  Following this meeting a draft Site Management Agreement was prepared and sent to the Council’s Town Centre Coordinator for consideration.

The Council’s Town Centre Coordinator met with the Council’s Portfolio Holder for Community Safety and Regulatory Services and the Licensing Committee Chairman.  At the meeting a number of amendments to the draft Site Management Agreement were discussed and agreed.  A summary of those amendments were sent to the PFRA to consult with their members on whether they agreed with the Council’s amendments.  Providing the PFRA agree the final Site Management Agreement would be made available for all parties to sign. The final Site Management Agreement would then be presented to a future meeting of the Licensing Committee.

This final Site Management Agreement would clearly set out the parameters in relation to where, when and how face to face direct debit charity street fundraisers would be able to operate.  It was therefore anticipated that it would go some way in relieving the perceived problems associated with the activities of face to face direct debit charity street fundraisers operating in Redditch Town Centre.

The PFRA produce best practice guidance for face to face direct debit charity street fundraisers, comprising of rules and also a fines system. Their compliance team would be responsible for issuing notices to fundraising organisations found to be in breach of those rules.  The rules, which will build on the “Institute of Fundraisings code of practice”, are contained in the PFRA rule book as detailed at Appendix A to the report.

The Senior Licensing Practitioner responded to Members’ questions with regard to what checks would be in place to monitor fundraisers once the final Site Management Agreement was in place.  Members attention was drawn to page 118 in the report, which provided information on penalty points issued by the PFRA in consultation with nominated persons, as listed.  Officers could walk the area to monitor the fundraisers activities to ensure compliance and liaise with the market traders to see if they were still experiencing any issues.  The Senior Licensing Practitioner informed Members that once the final Site Management Agreement was in place, press releases would be issued in order to inform the general public of the terms of the Site Management Agreement and who to contact should they have any issues or concerns with regard to the activities of face to face direct debit charity street fundraisers in Redditch Town Centre.

The Senior Licensing Officer further responded to Members’ questions with regard to door to door collectors and fundraisers.  He highlighted that door to door collectors and fundraisers were covered under different legislation.

Members agreed that face to face direct debit charity street fundraisers could be seen as a nuisance to shoppers and felt that control was needed and a Site Management Agreement would provide that level of control.

RESOLVED that

the contents of the update report on the implementation of the Council’s Site Management Agreement with the Public Fundraising Regulatory Association, in relation to the control of face to face direct debit charity street fundraisers be noted.