General guidance about Local Authority provision of licensable activities
AALS Inspector Guidance Note - IGN 3.01
- Version No & date: 1: 04/02/2010
- Review date: 02/2013
Issue: Local authorities are treated in the same way as all other providers.
- If local authorities offer facilities for adventure activities in return for payment then they require a licence.
- Local authorities need a licence for adventure activities they provide to educational establishments irrespective of whether or not payment is made by the pupils of that establishment.
- Local authorities do not need a licence for facilities for adventure activities they offer free of charge.
- There is no definition of 'provider' within the Adventure Activities Licensing Regulations 2004. However, the extent of control over, and responsibility for, venue, equipment, emergency and other safety arrangements as well as the instruction or leadership elements would be indicative of whether or not a local authority is a provider.
- HSE’s guidance document “Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004” (L77) indicates what is considered to constitute “payment” (Appendix 1, paragraph 9).
- “Payment” is intended to encompass any payment that is made directly or indirectly to the provider and the making of that payment is a condition of the young person taking part in the activity. This may be for any of the facilities the provider makes available that are associated with the actual activity, e.g. transport to the site, food or accommodation. If young people have to make this obligatory payment in order to participate in the activity then it is “payment” as intended in the regulations.
- If participants are reasonably and freely able to make their own arrangements for food, accommodation etc. and still take part in the activity then the payment may be seen as not being conditional to taking part in the activity.
