Councillor Paul Swaddle, Leader of Westminster City Council, has written to Stephanie Peacock MP, Parliamentary Under-Secretary of State for the Department for Culture, Media & Sport (DCMS), to express serious concerns about the 'aggressive tactics' used by unlicensed charitable street collectors operating within the borough.
The council highlights that Westminster, which receives over 800,000 visitors daily, is particularly vulnerable to this 'unscrupulous behaviour'. Collectors are frequently seen outside major transport hubs like Victoria and Marylebone Station, as well as popular tourist sites in the West End.
These collections are often conducted by non-charitable organisations, such as community interest companies (CICs). Donors are sometimes unaware that their contributions may cover operational costs, including directors' salaries, rather than directly supporting the stated cause. Collectors are reported to prey on public goodwill, using emotive causes like veteran support and rough sleeping, with some individuals providing evidence of intimidation to encourage donations.
The existing legislation, the Police, Factories, & c. (Miscellaneous Provisions) Act 1916, intended to protect the public from dishonest appeals and prevent public nuisance, is deemed inadequate. The council notes an increase in unauthorised collectors operating without licences and states that enforcement action is 'cost prohibitive' due to lower court-issued fines compared to the cost of action by licensing authorities.
A national coalition of enforcement and regulatory bodies, convened by the Fundraising Regulator, has identified a legislative loophole. Westminster supports the coalition's recommendations to amend the 1916 Act, enabling licensing authorities, including the Metropolitan Police, to issue Fixed Penalty Notices to CICs operating without a licence.
In the absence of revised tools, council officers have resorted to using other legislation, such as Anti-Social Behaviour (ASB) powers, with limited success. The council also seeks support for businesses and landowners when CICs choose to operate on private land, as they are often ill-equipped to handle such situations, potentially allowing collectors to continue targeting the public.
Councillor Swaddle urges the government to take legislative steps to empower councils like Westminster to clamp down on this behaviour, benefiting residents and legitimate charities alike.
