Issue: The duration of a licence is an area where there may be potential for confusion. This Guidance Note is intended to assist inspectors to make an appropriate recommendation as to the duration of a licence. The Adventure Activities Licensing Regulations 2004, regulation 8(d) sets the maximum duration of a licence at 3 years; it can be for a lesser period.
You are satisfied that the provider's safety management is sound and they fall into one of the following categories:
1.1 - Large Activity Providers - (offering adventure activities to over 50 – 150 people at any one time) who at times use seasonal, freelance or occasional instructional staff (See Note 1);
1.2 - Medium-sized Activity Providers - (offering adventure activities to 21-50 people at any one time) where the majority of staff deployed at any one time to lead activities may be seasonal, freelance or occasional (See Note 2);
1.3 - Track record – (a) No track record i.e. provider is a new and inexperienced provider; or (b) Poor track record - i.e. the provider has a poor record of addressing requirements. In both cases this recommendation must be accompanied by an explanation in an extension to the report;
1.4 - Very large providers (taking over 150 people at any one time).
You are satisfied that the provider's safety management is sound and they fall into one of the following categories:
2.1 - Small Activity Provider - (offering adventure activities to up to 20 people at any one time);
2.2 - Medium-sized Provider - (offering adventure activities to 21-50 people at any one time) where the majority of staff deployed to lead activities are, at all times, permanent staff;
2.3 - Medium-sized Activity Providers - who at the time of renewal have current NGB accreditation for all their licensable activities (See Note 3);
2.4 - Large Activity Providers - (offering adventure activities to 50 - 150 people at any one time) who only use freelance instructors from a very small pool of regular instructors e.g. 1 for every 25 maximum capacity (see note 9);
2.5 - Large activity providers - who use occasional/freelance/seasonal staff but have NGB accreditation for all (main) licensable activities;
2.6 - Exceptional situations - this covers non-standard or unusual circumstances. These will generally require explanation to Head of Inspection Services by the Inspector in an extension to the report submitted (See Notes 5 and 8).
You are satisfied that the provider's safety management is sound and they fall into one of more of the following categories:
3.1 - Sole Provider or Partnership - the provider is a Sole Provider or Partnership (up to 3 partners); and each partner is very well qualified; and they do not use any occasional, seasonal, freelance or part-time staff to work autonomously or lead activities (See Note 6).
3.2 - Exceptional situations - this covers non-standard or unusual circumstances. These will generally require explanation to Head of Inspection Services by the Inspector in an extension to the report submitted (See Notes 5 and 8);
3.3 - Small activity provider - who, at the time of inspection, has NGB accreditation for all their licensable activities;
3.4 – Medium provider – who has a very small pool of regularly used freelance instructors (e.g. less than 3).
| Criteria | Indicators for 1-year | Indicators for 2-years | Indicators for 3-years |
| Number of participants | More than 20 participants at a time and/or | 20 or less participants at one time and/or | |
| Number of days activities taking place* | Offering activities for more than 28 days per year and/or | Offering activities for less than 28 days per year and/or | |
| Number of units or bases | Operating from more than 1 base or unit | Operating from only one base or unit |
Two or more indicators in any one direction are generally persuasive.
*The following definitions should be noted:
'Day' means a day or any part of a day.
'Activities' in this context means only licensable activities.
5. In exceptional cases there may be some provision that falls outside the above indicators. In the event of an exceptional case, then inspectors should provide an explanation of the circumstances in their report.
6. If the provider does not agree with the duration the inspector is recommending, they should be advised that they can make representation to the Head of Inspection of the AALS and will be sent details of how to do this with their copy of the report.
The following notes are not intended to be legally definitive but may help in understanding the above criteria. The overall picture as viewed by the inspector will take account of the above criteria as guidance in recommending the duration of licence.
These above criteria are based on "Guidance from the Licensing Authority" (L77) primarily paragraphs70 - 73.
'Adventure Activities' offered by providers includes licensable and non-licensable adventure activities. It therefore includes motor sports and ropes courses but excludes 'non-adventurous' activities such as simple field studies and non-risk sports such as 'pitch and putt'. Discretion and common sense must prevail here.
Staff Categories:
For the purposes of the clause for granting a 2 year licence based on the fact that a provider at the time of renewal has NGB accreditation for all activities:
“The agreed period of this licence is dependent on the provider's continued status as, for e.g. Royal Yachting Association Recognised Teaching Establishment. If this lapses the licence document must be returned to the Licensing Authority for amendment.”
“Generally” allows for cover during illness or unusual reasons for periods of absence such as attending courses etc.
Examples of these situations where a non-standard duration may be appropriate:
A Sole Provider or Partnership may take on an 'accompanying assistant'. A second person assisting should be with the same group. An example where this would be appropriate is for example, a special needs group on the river, crag or hill where it would be sensible to have a higher level of supervision.
It does not include situations where an 'assistant' has any autonomy e.g. leading a separate group on the same section of river, working on a different part of a crag or following behind with a separate group on the same mountain route.
Partnerships - the benchmark is a husband/wife partnership. Other partnerships should conform to normal business understandings, i.e. it should be clear to the participant that they are employing the services of a ‘Partnership’.
Partnerships of convenience between freelance or sole provider operators are not acceptable. Inspectors may if necessary ask to see any documentation necessary to help them reach their decision (Regulation 6(4) and 9(d)).
Majority means more than half.
Provided the activities are not at the upper hazard level and are well structured, including the induction of staff:
Less than 1400 participant days of licensable activity per year may warrant a 2 year licence.
e.g. max. 50 participants for max. 4 weeks (28 days)
max. 4 participants for max. 50 weeks (350 days)
max. 20 participants for max. 10 weeks (70 days)
Less than 350 participant days of licensable activity per year may warrant a 3 year licence.
e.g. max. 50 participants for 1 week (7 days)
max. 1 participants for 50 weeks (350 days)
max. 10 participants for 5 weeks (35 days)
(These examples are only guidelines, not definitions)
Very small pool of regular freelance instructors
e.g. large - max. participants 100, max size of pool is 4
medium - max . participants 30, max size of pool is 2
