For members to agree the proposed controls considered proportional from Brentwood Town Centre.

The report seeks Members approval for the implementation of a new agreement between the Council and the Public Fundraisers Regulatory Association in respect of direct debit charity fundraising.

An amendment to the designated area for Face to Face Collection will be made before adoption, without delay.

A motion was MOVED by Cllr McCheyne and SECONDED by Cllr Trump to agree the recommendations in the report.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.            That the Head of Health Safety and Localism be granted delegated       authority to sign the agreement attached at Appendix A and that              upon such signature the adoption of the agreement shall take         immediate effect; and

2.            That the Head of Health Safety and Localism be granted delegated       authority to exclude the ability for direct debit collections to be     undertaken on specific event days, with appropriate notice in        accordance with paragraph 5.10 of this report.

REASON FOR RECOMMENDATION

The existing Member approved voluntary agreement follows a recognised legal framework, which is designed to safeguard the interests of the public, whilst protecting the interests of bona fide charity organisations. The review of this agreement ensures that it remains fit for purpose.

The agreement has been updated and modernised and now makes

reference to new codes of practice and a rule book produced by the PFRA since the establishment of the original site agreement.

There were two distinct areas for street collections in Brentwood Town Centre highlighted in the original agreement, these being outside of Iceland and Superdrug respectively. However, since the establishment of the Market in the High Street, these areas can at times become pinch points and therefore one reason for a review of the agreement was to consider whether there is an appropriate alternative collection point(s).

Currently, collections are permitted Monday through to Saturday inclusive.

Subject to Member approval, the revised draft agreement extends the area within which collections may be made to any point along the High street on either side of the road between Saint Thomas Road and the Church ruins. Whilst this is an extension of the area it enables the collections to be wider spread with a maximum of two collectors on each side of the High Street and one floating supervisor. Additionally collections will only be permitted on two days per week and only between Monday and Thursday thus removing any conflict with the current Street Market operations. 

The PFRA have stated that they do not wish to hold collections on Saturday and Sunday and believe that four available days per week is sufficient for their members needs.  They therefore proposed the restriction to 4 days in order to avoid over kill and by way of compromise for a slightly extended collection area.

The main benefit of the revised agreement is that the PFRA become effectively partners in ensuring a safe and legitimately operated collection and through their rules, which are signed up to by all main charities, they will enforce the terms of the agreement giving penalty points in respect of breaches of these protocols.

The advantage of penalty points, which amount to 20, 50 or 100 at a time dependent on the level of breach of the rules, is that a fine is automatically imposed on any charity at a rate of £1 per point if and when they reach 1000 points.

Collectors that do not conform to the terms of the new agreement or that have not sought permission through the agreed process will be reported to the PFRA. Any person (s) that is not a member of the PFRA will be reported to the PFRA and investigated by the Council and the PFRA to ensure that they are bona fide collectors.

            It is also worth noting that the new site agreement will provide flexibility to the Council to exclude specific event days such as lighting up Brentwood and similar events. In this regard there is a further recommendation that the Head of Borough Health, Safety and Localism be delegated the authority to liaise with the PFRA and relevant charities and with appropriate notice, to exclude collections on such days as and when necessary to do so.

(Cllr Carter declared a non pecuniary interest under the Council Code of Conduct by virtue of previously working with the PFI Management Team).