Find below a selection of Frequently Asked Questions related to the following topics:
Why are only caving, climbing, trekking and watersports activities within scope of the regulations? What about, for example, motor sports, rope courses, archery and water skiing?
The licensing regulations encompass a broad range of activities but concentrate on those which are done in the most hazardous environments. Licensing with compulsory inspection is a very strict form of regulation. The list of activities covered by the regulations was decided on following a review of the accident and incident history in this sector and a desire to regulate the activities with the greatest potential for multiple fatalities or severe injuries.
The risks in the voluntary sector or on teacher-led trips may be as great or greater. Why aren't they included?
The licensing scheme arises from the tragedy at Lyme Bay in 1993, which involved a commercial organisation assuming responsibility for children's safety and then discharging it negligently. When children go on trips as part of the normal school curriculum under the continuing guidance of the teacher that is different from handing over responsibility to another party of whom certain skills, knowledge and qualifications are expected.
The Department for Education has produced guidance about school trips. There is also guidance for Scotland and Wales.
The Adventure Activities Licensing Authority prepares guidance for the Adventure Activities Licensing Service inspectors. Although written for the inspectors, the guidance may be useful to provider, schools and members of the public.
What are the requirements on schools and teachers then?
Teachers leading their own pupils in adventure activities and assuming responsibility for their safety do not have to be licensed. But the school should however ensure that they are competent in the activity which they are leading. The fact that they do not fall within the scope of the regulations does not exempt them from their existing legal duty of care, as a teacher.
If the activity is organised by the school, the local authority or board of governors will, as employers, be subject to the provisions of the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations 1999. They require employers to assess the risks to teachers and pupils of any of their activities and to have in place measures to ensure that the significant risks are controlled. A part of this is ensuring that employees are sufficiently competent.
Why not licence the entire range of activities on offer at a particular centre rather than just certain activities carried out there? Surely this is confusing for the public?
The Licensing Service inspectors have always acted as the eyes and ears of the health and safety inspectorates. They are required to bring any issues they become aware of to the attention of the provider and to the appropriate authority, if appropriate. Read 'The Approach to the Inspection of Providers' for more detail about how the AALS inspect.
Are any voluntary schemes envisaged?
A non-statutory safety accreditation scheme, Adventuremark, is now established. It is suitable for activity providers who are out of the scope of the regulations but would like an independent accreditation. It is also available for AALA licence holders who would like an accreditation of the activities they offer but which are not in scope of licensing. You can find out more at Adventuremark. This scheme is voluntary but providers who are in scope of the regulations do still require a licence.
There are other non-statutory inspection and accreditation schemes such as those offered by Tourist Boards and the various National Governing Bodies of Sport.
Do the regulations apply to centres overseas which are operated by British companies?
No, statutory regulations cannot apply outside of Great Britain for legal reasons. The legislation does not apply outside the boundaries of Great Britain and no remit exists for inspecting providers of adventure activities operating in Northern Ireland, Crown Territories, Crown Dependencies or foreign countries. Providers outside GB may find the Adventuremark scheme of interest.
Do non-GB providers need a licence to offer activities in GB?
Yes - if they are providing activities in scope of the regulations then they require a licence.
What is the law about minibuses, drivers and trailers?
This is a complex area involving both road traffic law and insurance. AALA and AALS inspectors are not competent to advise on this subject. Activity providers who are part of a local authority should contact their transport department for information. Other providers should contact the Driver and Vehicle Licensing Agency or the Vehicle and Operator Services Agency as appropriate.
Do the Adventure Activities Licensing Regulations require providers to do criminal records checks?
No - there is nothing in these regulations that requires providers to do criminal records checks. However there are other legal duties on those working with children and vulnerable adults. Further information can be obtained from the Criminal Records Bureau, the Independent Safeguarding Authority, or in Scotland, Disclosure Scotland.
The inspection will be carried out by one of the team of Licensing Service Inspectors, all of whom come from positions within the outdoor industry and have a high degree of expertise within it. It is an offence to offer 'licensable' activities without having first been inspected and granted a licence. This process may take up to 3 months to complete. The Licensing service will usually advise you at least one to two weeks prior to a scheduled inspection.
An inspector will generally contact you in advance to arrange a convenient appointment. This will give you time to prepare and ensure availability of relevant staff. Inspection should generally take place within 4 - 8 weeks of the Licensing Service’s receipt of your application. The inspection will be undertaken in such a way as to allow the inspector to sample enough to gain confidence in your safety management systems. They may wish to interview particular staff, examine equipment, observe activities in progress and/or refer to relevant paperwork.
The Inspector will be looking for assurances that your stated procedures are acceptable and translate into actual practice. They will need to be satisfied that you have minimised the risk of death or serious injury by:
The Licensing Service will take a pragmatic approach to safety management and is not looking for any particular model of operation.
The maximum period of a licence is three years from its date of commencement. The actual expiry date will be specified on the licence and could be for any period of time up to the maximum. The time limit will be set depending on the size and complexity of your provision. It is not a measure of how well you manage the risks. The guidance given by the Licensing Authority to the Licensing Service indicates that the maximum three year interval between licensing inspection should be reserved for providers with a very small number of highly competent staff and a stable and robust safety management system.
A decision to refuse a licence is quite rare and will only be taken after attempts have first been made to assist you in meeting the legal requirements. Clear instructions as to how you can meet the requirements will be made in the Inspection Report sent to you following inspection. If your licence application is refused and you wish to reapply at a later date then you may do so. You would need to submit a new application (together with the relevant fee).
Any significant changes should be referred to the Licensing Service. A material change that would change the company structure and functions or which would have an effect on safety arrangements may require the licence to be 'varied' (amended).
You should apply at least three months before the date of expiry of the existing licence. Your renewal forms will be sent to you 4 months before the expiry of your existing licence.
The names and addresses of all licence holders are currently held by the Licensing Service on a public register. This register can be viewed on our website [Link: http://www.aals.org.uk/aals/provider_search.php] and is updated regularly. Anyone can contact the Licensing Service to enquire whether a named provider holds a licence. A printed copy of the Register (current on the date printed) is available but a fee is payable for this Currently the fee is:
Alternatively you may make an appointment with the Licensing Service to view the Register free of charge at the office in Cardiff.
No. The investigation of accidents relating to adventure activities (and any other part of your operation) is undertaken by the HSE or your Local Authority (LA), as appropriate. You should continue to report accidents and dangerous occurrences which are reportable under the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995’ to the appropriate authority. The HSE or the LA decides whether or not to investigate any particular accident. The HSE or LA may ask the licensing service to assist them in their investigation.
The Licensing Service does, however, have responsibility for the investigation of complaints relating to licensable activities on behalf of the Licensing Authority.
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