Help for providers, parents, teachers and clubs
Local authorities
Licensable adventure activities can be delivered in many different ways by a local authority and by several different departments. This guidance will help you to decide if a licence is needed by your authority.
- List each school, centre, unit, club, college, base from which activities are offered. Don't forget your peripatetic providers and any children's homes or other residential facilities you operate (eg secure units);
- Next to each, indicate which activities they provide eg kayaking, hill walking, sailing, etc;
- Indicate the circumstances of the provision. For example, is it part of the curriculum of a school, the main purpose and function of a centre, Duke of Edinburgh's Award Unit provision, etc;
- Ask who has immediate responsibility and what their role is - eg teacher in charge, head teacher, head of centre, unit manager;
- Consider if the activities come within the scope of the Adventure Activities Licensing Regulations, eg is it exempt because it is school provision only or does it require licensing because the school offers the activities to other pupils besides their own
In recent years, many local authorities have set up arm-length trusts or other means of delivering activities or managing their centres. It is important that local authorities check that any arrangements they have comply with the requirements for obtaining licences under regulation 3 of the Adventure Licensing Regulations 2004. In particular, whether it is appropriate for them to have a licence and whether it is necessary that additional licences are required for any other bodies they may be using to provide activities. You may want to seek guidance from the Licensing Authority or consult your legal department for advice and clarification.
Occasionally local government is subject to reorganisation. Depending on the statutory arrangements for the reorganisation, provision may have been made for existing arrangements such as licences to remain in effect. A licence may lapse where the authority ceases to exist and no other arrangements have been made, in which case any successor bodies will need their own licence to provide activities. Where a reorganisation is taking place, you should contact the Licensing Authority as soon as possible to ensure that any new licence(s) that may be needed can be in place in good time.
Providers
This information will help providers understand Adventure Activities Licensing:
- Who needs a licence? - a brief summary
- L77 - Guidance from the Licensing Authority on the Adventure Activities Licensing Regulations - this book is the main source of guidance in licensing and includes a full copy of the regulations
Parents and teachers
As a parent or teacher, you may have concerns about identifying safety standards at adventure activity centres or individual providers. The licensing of centres providing adventure activities to young people of 17 years old and under came into force on 16 April 1996. All those who provide adventure activities within scope of the Licensing Regulations 2004 must have a licence.
Schools
Schools - A school or other educational establishment (college, university etc.) does not require a licence for provision to its own pupils or students. A licence is required for provision to pupils of another educational establishment or to other members of the public, when provided in return for payment. Activity centres, field study centres etc. run by education authorities or departments are excluded from the definition of an educational establishment so are required to have a licence. Young people who have left their school in the previous term and who wish to eg finish their participation in the Duke of Edinburgh's Award can be allowed to do so without the school needing a licence. If in doubt, contact the licensing authority for advice.
Voluntary associations
A voluntary association (a non-profit making membership organisation, commonly a club) does not require a licence to provide activities to its own members or, by arrangement, to the members of another voluntary association. They can also hold open days or taster events to interest members of the public in their activities or to attract new members so long as no individual non-member participates this way on more than 3 days a year. If the voluntary association sells activities to the general public or to a school, a licence will be needed.
Non-licensed providers
If you do not provide licensable activities to young people in return for payment then you do not need a licence. If you provide licensable activities in return for payment then you need a licence. If you are not sure if you need a licence, contact the licensing authority for advice.