There are two types of private site on which F2F takes place:
- Sites to which the public have general access
- Site to which the public have to pay to gain access
Sites such as shopping districts (for instance Broadmead in Bristol) or railway stations (up to the ticket barrier) are privately owned, but the public have a right of access to them. The licensing regime contained in the Charities Act 2006 – when it finally comes into force – will apply to sites such as these and so fundraising on these sites will require a council permit.
However, as the council is not in a position to negotiate a site management agreement (SMA) for such privately-owned sites, PFRA will negotiate an SMA directly with the site owner in exactly the same way that with work with councils. We have several private site SMAs, including Carnaby Street in London’s West End and Bristol Broadmead.
Second, there are truly private sites where the public can only obtain access by paying a fee, such as music festivals or air shows.
In these cases the licensing regime contained in the Charities Act 2006 – when it finally comes into force – will probably not apply (though this is a moot legal point) so it’s unlikely council licence will be required. Fundraisers operate with the permission of the site owner.
The site owners usually set their own conditions on fundraising so no SMA is required.
However, the Institute of Fundraising’s code of practice and PFRA regulation do apply to all F2F carried out in these private sites.