Consideration of applications for licences
5.—(1) The licensing authority may grant or refuse a licence but, without prejudice to its discretion to refuse a licence on other grounds, the authority shall not grant a licence unless—
(a)it is satisfied that the applicant has—
(i)made a suitable and sufficient assessment of the risks to the safety of the young persons and other persons who will be engaged in the adventure activities in respect of which the application is made or whose safety may be affected thereby;
(ii)identified the measures he needs to take in consequence of that assessment to ensure, so far as is reasonably practicable, the safety of those persons;
(iii)made the arrangements referred to in regulation 7(1)(a) and (b);
(iv)appointed competent persons to advise him on safety matters or has competence in such matters himself; and
(b)the inspection fee required by Schedule 1 has been paid.
(2) The licensing authority shall, before reaching a decision as to whether or not it will grant a licence, first consider a report made to the authority by a person authorised by it for that purpose pursuant to regulation 10.
(3) The report referred to in paragraph (2) shall, subject to paragraph (5), be made only following an inspection by the person making the report and carried out after the application for the licence has been received.
(4) The inspection referred to in paragraph (3) shall be of any such places, equipment and documents as the person making the inspection thinks necessary for the purpose of enabling the licensing authority to satisfy itself on the matters referred to in paragraph (1).
(5) In the case of an application for a renewal of a licence, paragraph (3) shall not apply where an inspection referred to therein has been made in respect of the licence within one year before the date the renewal is to commence.