Issue: When does a fundraising event become a licensable situation? It is assumed that none of the normal exemptions, for whatever reason apply. In this note, charities are used for illustrative purposes but the illustrations can apply to any benevolent group or good cause. Voluntary association includes sports clubs, etc.
1. The first step is to determine if the activity is in or out of scope of licensing. A very common fund raising activity is a “zip wire” – this is not in scope of licensing at all whereas hill walking can be in scope of licensing depending on the circumstances. If the activity is not one of the activities defined in the Adventure Activities Licensing Regulations 2004, regulation 2(1), then the regulations do not apply and no licence is needed.
The provider is not paid for the session. Participants pay the charity directly. E.g. the Charity organise a volunteering freelancing climber to run abseiling off a school roof at a school fete. Participants pay £1 per abseil to a representative from the Charity.
Outcome - Not licensable - the provider in this case is the instructor who makes the necessary arrangements for safety but does not receive payment for this.
Participants pay a commercial provider/freelancer who forwards this money to a charity. E.g. A commercial operator (not otherwise licensed) has an open day to raise money for the Charity’s annual appeal.
Outcome - Not licensable - as long as all money raised goes to the charity. However, if they were to hold back money (even to cover costs) it becomes a licensable situation. The provider should have evidence of receipt and payment of all monies.
A charity pays a freelancing instructor to run a session for them. Participants pay the charity. E.g. The Charity pay an instructor to run free kayaking sessions at a 'Festival of Water' event they are putting on to raise money.
Outcome - The Instructor would need to be a licence holder.
The Charity organises an event to raise money for its cause. They hold an annual sponsored long distance walk over a period of up to 3 days. There is an entry fee to be paid by the participants. The Charity volunteers provide sweeps, check-points and safety back-up.
Outcome - Not licensable - this could be interpreted as a taster event to interest members of the public in the activities of the Charity. It would be licensable however, if any under 18 year old took part for more than the 3 days in a 12 month period.
