Part 3Funding for charitable, benevolent or philanthropic institutions
C1Chapter 1Public charitable collections
Permits
60Refusal of permits
1
The only ground on which a local authority may refuse an application for a permit to conduct a collection in a public place is that it appears to them that the collection would cause undue inconvenience to members of the public by reason of—
a
the day or the week or date on or in which,
b
the time at which,
c
the frequency with which, or
d
the locality or localities in which,
it is proposed to be conducted.
2
In making a decision under subsection (1), a local authority may have regard to the fact (where it is the case) that the collection is proposed to be conducted—
a
wholly or partly in a locality in which another collection in a public place is already authorised to be conducted under this Chapter, and
b
on a day on which that other collection is already so authorised, or on the day falling immediately before, or immediately after, any such day.
3
A local authority must not, however, have regard to the matters mentioned in subsection (2) if it appears to them—
a
that the proposed collection would be conducted only in one location, which is on land to which members of the public would have access only—
i
by virtue of the express or implied permission of the occupier of the land, or
ii
by virtue of any enactment, and
b
that the occupier of the land consents to that collection being conducted there;
and for this purpose “the occupier”, in relation to unoccupied land, means the person entitled to occupy it.
4
In this section a reference to a collection in a public place authorised under this Chapter is a reference to a collection in a public place that—
a
is conducted in accordance with section 48, or
b
is an exempt collection by virtue of section 50.
Pt. 3 Ch. 1 power to amend or modify conferred by 1993 c. 10, Sch. 1C, paras. 6, 7 (as inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 4; S.I. 2007/309, art. 2, Sch.)