Only those who can meet and maintain the relevant safety standards are permitted to hold an AALA licence, and non-compliance is taken seriously. This summer AALA revoked three licences. The circumstances for each were slightly different, however in every case the provider had failed to comply with the conditions on the licence.
All licences are issued with ‘conditions’, which are described in Regulation 9 of the Adventure Activities Licensing Regulations 2004 (AALR) and are set out on pages 2 and 3 of the licence.
Maintaining Safety Management Arrangements
The conditions require licence holders to maintain suitable and sufficient arrangements for the management of safety. In particular the conditions relate to:
- The implementation, control, monitoring and review of the measures they will use to manage risks
- Appointing sufficient, competent instructors
- Giving safety information
- The provision, maintenance and storage of suitable and sufficient equipment
- Providing first aid and dealing with emergencies.
- Appointing a competent person to advise on safety
It is crucial that licence holders ensure safety management remains in the hands of competent persons. Those appointed can be in-house or external, but they should be both competent and, in a position to ensure that the control measures the organisation has identified to manage the risks of its activities are implemented, controlled, monitored and reviewed – throughout the period of the licence.
In short, the conditions require the licence holder to maintain the arrangements under which the licence was granted in the first place – this doesn’t necessarily mean the same people, doing the same things with the same equipment. BUT it does mean that management arrangements that determine the way things are done, maintain the same standard of safety.
Non-Compliance and Licence Revocation
If at any time the AALA considers these conditions are not being met it may consider the revocation or variation of licences. A variation might mean a change or reduction in the activities on the licence. A revocation means the provider is no longer licensed and is not permitted to provide any licensable activities unless they are successful in applying for a new licence. When a licence is varied or revoked AALA’s public register is amended to reflect this. The recent policy change on licence durations that rewards ongoing compliance means that, if successful in obtaining a new licence the provider will only be eligible for a one-year licence.
As well as losing the licence, a provider who provides licensable activities while being non-compliant with the licence conditions is committing an offence under the AALR 2004, and in most cases, they will also be committing an offence under the Health and Safety at Work etc Act 1974. Offences of this nature can be punishable by a fine and/or imprisonment. Enforcement of the legislation is the responsibility of HSE and the local authorities, and AALA will inform them of any potential breach.
Licence holders are reminded to read the conditions on the licence document and ensure they are continuing to comply with the conditions under which the licence was granted.
