AALS licence

Adventurous Activities Licensing Authority (AALA)

The Adventure Activities Licensing Authority (AALA) is the body which oversees adventurous activities in the UK. Run by the Health and Safety Executive, AALA contracts out the licensing of venues to the Adventure Activities Licensing Service. Following a consultation process which lasted from 2011 to 2015 the AALA was confirmed as continuing to operate in its current form until further notice by the coalition government in March 2015.

Visit the AALA website HERE

Licenseable Activities

Under the Adventurous Activities Licensing Regulations 2004 there is a list of adventurous activities for which providers and venues must be licensed in order to be able to deliver them commercially. In August 2013 by way of clarification AALA also added a list of activities they specify as not requiring a licence in order to be delivered commercially. This was because it was felt that not every activity that appeared licensable on first sight was actually licensable and vice versa.

Adventurous Activity Licensing Service (AALS)

The Adventure Activities Licensing Service (AALS) came into existence on 1 April 2007. It exists to provide licensing of licenseable activities delivered by venues and providers on behalf of AALA. The AALS is presently operated by TQS Ltd, a not-for-profit company under contract to the Adventure Activities Licensing Authority (AALA). TQS Ltd was previously the AALA.

If you want to take the children in your care, to an activity centre or provider you can contact the Adventure Activities Licensing Service on 029 2075 5715 or email [email protected] and they will tell you if the provider is licensed. It is especially important to do so for any of the above activities or any similar ones.

Role of AALS

AALS delivers the licensing regime on a day-to-day basis on behalf of AALA. Some of the ways it does this are:

• considering applications for licences (including renewals and requests for changes;
• carrying out inspections, including spot checks, of providers of adventure activities;
• deciding on applications and issuing licences;
• revoking or varying licences to secure safety;
• investigating complaints within its remit;
• making information about licence holders available to the public;
• answering general queries about licensing.

AALS inspectors

The AALS has a small, permanent team of senior inspectors who are all highly qualified and experienced outdoor professionals. They have worked in the sector for many years before joining AALS and all still participate actively in adventure activities. Overall the team has detailed knowledge and experience of all licensable activities and many non-licensable ones which are often found at centres. The requirement to be suitably experienced or qualified is set out in the regulations.

The knowledgeable permanent team is supported by freelance inspectors who can be called upon when needed to deal with particular projects or peaks of work. All inspectors are appointed in writing and carry identification. They will show this on request.

Frequently Asked Questions

Q1.  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.

Q2.  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 the Outdoor Education Advisor's Panel has produced guidance for England. The Welsh Government has issued this guidance.  

The Adventure Activities Licensing Authority prepares guidance for the Adventure Activities Licensing Service inspector. This can be found by following the links on the left. Although written for the inspectors, the guidance may be useful to provider, schools and members of the public.

Q3.  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.

Q4.  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 enforcing authorities. 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.

Q5.  Are there any voluntary schemes?

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 those 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.

Adventuremark also feeds into the Learning Outside the Classroom (LOtC) Quality Badge, which is suitable for those providers looking for accreditation to recognise both quality and safety. The LOtC Quality Badge covers all types of learning outside the classroom, from farms to historic buildings, and adventurous activities to expeditions overseas

There are other non-statutory inspection and accreditation schemes such as those offered by Tourist Boards and the various National Governing Bodies of Sport.

Q6.  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.

Q7.  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.

Q8.  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.

Q9.  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 Disclosure and Barring Service, or in Scotland, Disclosure Scotland.

Complaints

Queries or complaints about individual licence holders should be made direct to the Licensing Service (details above). They will investigate complaints. If the matter is beyond their remit or ability to investigate, they will pass it on to the appropriate enforcing authority and will let you know that they have done so.

Incidents at Accredited Centres

The AALS keeps track of all reported incidents which occur at licenced adventurous activity venues.

information about incidents, accidents and near misses that have happened will be of use to anyone who is interested in adventurous activities, as a provider, user, enthusiast, organiser etc. This information is updated from time to time with safety developments and recommendations from within the outdoor community. Often an entry results from specific incidents and the intention of AALA is to look at the outcomes and implications of these and not at the incidents themselves.

The entries have been compiled by the Adventure Activities Licensing Authority.

See a full list of AALS licence holders below: