1. This guidance note is intended to assist local authorities in interpreting the Adventure Activities Licensing Regulations 2004 (AALR). It is aimed at those local authorities who already have an understanding of the AALR but who require some assistance on the requirements or appropriateness of an application for a local authority as opposed to a 'centre'.
2. For those authorities who wish to increase their understanding of the Regulations, it is recommended that you read the HSE publication entitled "Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations 2004" (L77). L77 includes a full copy of the regulations themselves. This can be obtained from HSE Books Tel. 01787 881165. Price £11.50
3. If, after reading this note and the L77 you need further clarification we would ask you to contact the Licensing Service.
4. Not every type of provision that local authorities may offer with regard to adventure activities requires a licence. As a practical measure it may be helpful for local authorities to undertake a general audit of their operations, find out exactly what adventure activities they provide and through which departments. You may find the example at the end of this note helpful.
5. The regulations are aimed at those who offer specific adventure activities, to under 18 year olds, in return for payment. Licensable activities are defined in the regulations (Regulation 2 (1)).
6. In general terms, L77 explains that a licence is required by local authorities to cover:
7. Any other provision that they offer free of charge does not require licensing.
8. The following Frequently Asked Questions aim to address those issues where there appears to be need for greater clarification.
If a local authority maintains responsibility for and control over, the safety management of activities taking place then they are the provider.
Firstly it should be remembered that local authority provision to schools always requires a licence. In other respects however, if young people can participate in adventure activities without any payment being made to the provider there would be no need for a licence.
'Payment' 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 e.g. unless the youngsters pay for transport or accommodation they cannot take part in the activities - in this case 'payment' has been made.
If participants are reasonably able, if they wish, 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.
A provider cannot circumvent this piece of legislation with a carefully worded disclaimer. Should such circumstances arise, a court would likely seek to satisfy itself as to the intent behind the provider's actions and in doing so would probably use reasonable discretion. Providers who need further clarification on this should refer to the Licensing Service.
For the purposes of these regulations youth clubs are not considered to be educational establishments.
It depends on the circumstances. There may be youth clubs maintained by local authority youth services which are so constituted that they meet the definition of a voluntary association in regulation 2. If they also have the resources and the autonomy from their parent authorities to enable them to take full responsibility for the safety management of their activities, they could be considered to be providers in their own right and legally provide licensable activities to club members, in return for payment, without holding a licence. An example of this may be where a local authority makes a financial donation to a club but takes no responsibility for its subsequent actions.
However, where local authorities retain the responsibility for safety management for their youth clubs then they are effectively the provider and would need this provision covered by a licence if activities were offered in return for payment. In this instance, payment of youth club subscriptions would not necessarily constitute payment for adventure activities if the amount of subscription paid by the young person remains the same irrespective of whether adventure activities are offered to and taken up by a member.
This is determined by who is providing the activity rather than the D of E Award itself. In general terms, if the activity itself comes within scope of the regulations (e.g. Gold Expedition training or assessment), under 18 year olds are taking part and payment is being received by the provider, or on behalf of the provider, then there is a licensable situation. The next important step is working out whether the provider (usually the operating authority) falls under any of the exemption criteria.
The following quote is from The Duke of Edinburgh's Award Manual entitled "Operating Authorities Guide":
"Operating authorities form the backbone of the Award Scheme - they are responsible for Award Units, which offer advice and guidance to participants, they recruit and support the voluntary leaders, instructors and assessors, they take responsibility for training and safety and they authorise the granting of Awards..."
The Guide book also lays down the responsibilities of the Operating Authority, these include:
This level of responsibility suggests that where an organisation takes on the role of 'operating authority' that they are, in fact the 'provider' as intended by the Adventure Activities Licensing Regulations. The Licensing Authority is aware however, that in practice these responsibilities as outlined above may in some cases be devolved and delegated to the Award Units themselves, making them essentially the provider, not the operating authority.
If an Award Unit takes on the role of the 'operating authority' in that it retains the greatest extent of responsibility for the issues as outlined above, then they may be exempt from licensing if run as a voluntary association. Otherwise a local authority as the operating authority is the provider and is required to apply for a licence if it provides licensable award programmes either to schools/colleges or, to other young persons where payment is involved.
If the responsibilities of an operating authority are delegated to a school as an Award Unit (whether independent, grant maintained or state) then a school that provides instruction and leadership to their own pupils under their own sets of guidelines and procedures, could be exempt from requiring a licence even if the local authority is technically the operating authority.
However, if an independent school, as part of a service agreement or otherwise, subscribes to the local authority guidelines and procedures then the local authority should hold a licence for this.
If participants are obliged to buy the package from the provider then it may be considered as payment. If the participant is not obliged to buy the package from the provider then it is unlikely that payment is made as envisaged in AALR.
Schools and colleges, etc. are exempt for activities they offer to their own students or pupils but require a licence to offer licensable activities to pupils of another school if payment is involved.
There is nothing in the regulations that would prevent a local authority having a licence that would encompass inter-school provision of activities in that authority. The local authority in this case would have to satisfy the licensing service inspectors that they have an appropriate safety management system in place. It would not be enough that it was a system on paper only. The local authority would also need to state to which schools this applied. The local authority would have to show that all the schools involved were operating to accepted standards of good practice and staff qualifications and/or competence as set out in L77.
It is the view of the Licensing Authority that the decision on the status of the individuals can only be made by the school and the local authority. If they are satisfied that the person can be considered a pupil up until the start of the following term then the Licensing Authority will not challenge this decision.
L77 appendix 1 paragraph 13 allows special consideration to be given to young persons who have left school the previous term, and who wish to continue participating in the school’s Duke of Edinburgh programme or similar without the school being required to hold a licence.
The Licensing Authority can see no justification for 'pupil status' under any circumstances, after the start of the following term. Obviously schools can continue to provide adventure activities to a former pupil under the age of 18 years so long as he or she makes no payment.
In general, where activities are offered to under 18s, who make payment for the activities, then a licence is required. If the college is a registered educational establishment then they make take advantage of the exemption in AALR (regulation 3(2)(b)).
Yes, it if is appropriate. In this context, appropriate means that one person (or body of persons) has an overview of safety arrangements across the whole of the Authority’s provision. It would not be appropriate where different departments were operating to different procedures and guidelines and/or there were no common communication links or cooperation between those that had responsibility for safety management.
9. There may be cases where individual local authorities want to adapt what they do in order to avoid the obligation to hold a licence altogether. It will be up to local authorities in this position to justify their actions to themselves and to the schools and parents of their young clients and possibly the enforcing authorities in the event of an incident. The Regulations should be interpreted in a way which accords with the aim of ensuring providers of adventure activities follow good safety management practice so that young people can participate in exciting and stimulating activities outdoors without being exposed to avoidable risks of death or disabling injury.
Clearly the Adventure Activities Licensing Service cannot grant a licence unless it is clear what that licence is for.
The following information and audit sample sheet is tailored to the needs of local authority provision. However, the principles could be relevant to any other large multi-sited operation and the audit sheets can be customised to suit your own particular needs.
If an individual unit/site is operating for more than 28 consecutive days (with its primary function being a base for recreation, sport or outdoor activities) then it may require its own licence. If in doubt contact the Licensing Service.
Local authority provision of adventure activities can be complex and far-reaching. The Adventure Activities Licensing Authority will require you to demonstrate what, where and how licensable activities are offered by your authority. A licence cannot be issued until the AALA knows what it is for.
Whilst it is recommended that you to undertake an audit of your 'licensable' activities as part of the preparation for applying for a licence, we also advise that you conduct an audit of all provision – it can sometimes be enlightening. It is not unusual for a local authority, as a result of conducting a full audit, to come across provision of adventure activities of which they had no knowledge at all.
To help you in your task you may find useful you may find the enclosed audit sheet useful. It encompasses the kind of information needed at inspection that is everything you would want your adventure activities licence to cover. This audit should accompany your licence application if possible and where applicable, as this helps AALS prepare for your inspection.
Department: |
E.g. Education, Community Services, Youth Service, Countryside/Leisure Services, etc. |
|---|---|
| Deliverer of Activities: | This should be for example, the peripatetic unit/youth club/other base from which activities are offered or also, the names of schools that the Council wishes to cover under their licence. Please note that Outdoor Activity Centres run by the local authority generally require their own separate licences |
| Contact Name / Contact’s Position: |
The name of the person who oversees the safety management of the activities delivered from the unit and their position, e.g. Head of Unit, Youth Club Leader or other (please state). |
| Are any of the activities in scope? | Do any of the activities come within scope of the Adventure Activities Licensing Regulations? - Answer Yes/No/Unsure |
An additional note about provision of activities through schools and colleges:
Schools or colleges who offer activities to their own pupils or students are exempt from the licensing regulations. However, schools or colleges that offer licensable activities to pupils or students of another school or ex-pupils and receive payment for that provision are not exempt.
The Licensing Authority can see nothing in the regulations that would prevent the relevant local authority overseeing/monitoring/managing this latter type of provision and therefore including it on the local authority licence, if appropriate. We do however require the names of the schools/colleges which you require the licence to cover.
The following page is a sample audit sheet. You may, if you wish, use this format for your audit when applying for a licence. Alternatively you may use your own format if you prefer, provided the same or similar information is presented.
An overview of the provision of adventure activities
Continue on separate sheet if necessary and adding any further comment if necessary.
