Issue: There have been cases where an attempt has been made to avoid attracting the application of licensing by making the instruction or leadership element of the provision nominally free.
1. The relevant paragraphs [1] from L77 read:
“A person is required to hold a licence if that person receives payment for facilities for adventure activities. In law, a “person“need not be an individual; it can also be a body of persons, corporate or unincorporate. Local authorities, limited companies, partnerships, trusts, societies and clubs are all persons.”
"The payment relates to facilities for adventure activities, not only to the instruction or leadership element of the facilities. A licence would still be needed even if the instruction or leadership element is nominally free but not available to people who have not paid for transport, catering, accommodation or some other part of a provider's package."
2. Paid is intended to encompass any payment that is made directly or indirectly to the provider and is conditional to youngsters taking part in a licensable activity. Indications are that if participants were reasonably able to make their own arrangements for food, accommodation, etc. and still take part in the activity then payment may then be seen as not being obligatory or conditional.
3. The Licensing Authority is of the opinion that a provider could not circumvent this piece of legislation with a carefully worded disclaimer. A court would likely seek to satisfy itself as to the intent behind the provider's actions. Providers who are unsure should contact the AALS Cardiff office for further guidance.
4. Some situations however are comparatively straightforward and some examples are given below:
A provider offers 'licensable' canoeing activities. They operate as a commercial business. They claim to offer instruction in adventure activities free of charge. Participants however must pay for the hire of the canoes.
The Licensing Authority believes that this would be interpreted as clear intent to circumvent the regulations and that the activities would still be deemed to be licensable.
A village Youth Group gives any young person from the surrounding district the opportunity to take part in its Duke of Edinburgh Award Scheme. The young people are required to obtain a Duke of Edinburgh Award log book which they can purchase from the youth group, from the Duke of Edinburgh Award headquarters or from any other source.
Purchase of the book from the provider is not a requirement therefore it is not a mandatory payment. The Licensing Authority believes this would be deemed to be not licensable.
Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004, appendix 1 paragraphs 8 & 9
