The exclusions regulations cover the circumstances in which a GLAA licence is not required.
The Home Office is the government department responsible for the regulations that cover the excluded work.
If you have any queries about exclusions or whether you need a licence please contact us. This guidance is intended as a supplement to the detailed legislation and does not provide an authoritative statement of the law, so please check with us for advice on your particular circumstances.
We recommend your enquiry is sent by e-mail to firstname.lastname@example.org so you have a record of our response. Please provide full details of the type of work the workers will be doing, where it will be done and if possible a job description of the role in question.
All agricultural work is covered by the licensing scheme, but there are specific circumstances which are excluded. You do not need a licence to supply workers who are:
- part of a share farming agreement, where work takes place on the farm detailed in the agreement
- a short term farmer to farmer loan
- for short term agricultural services between farmers
- part of an agricultural machinery service supplied by an agricultural contractor
- from a farmer, to operate machinery supplied by an agricultural contractor on the farmer’s premises
- skilled workers, in certain circumstances
- from an educational establishment, as part of a work placement or for work experience
- employed to harvest a crop for a farmer who has sold the land, but still owns the crop
There are a number of roles which are not considered to be ‘agricultural work’, so do not require a licence:
- landscape gardener
- a groundsman looking after playing fields or the greens of a golf course
- a gardener employed in a private household or in amenity grounds where the produce is not grown for commercial sale or consumption
- employment at a riding or hunting stables
- veterinary work on a farm
- administrative duties such as the payment of wages or preparation of accounts
- distributive duties such as milk transport from the farm
- the gathering of wild plants or creatures
- employment on a fish farm
- care of poultry or bantams kept as a hobby or for showing
- peat walling
- seed analysis
You do not need a licence to supply workers to the forestry sector.
Processing and packaging
You do not need a licence to supply workers to process or pack produce in the following establishments, provided you meet the relevant definition criteria:
- catering establishment
- shop or other retail establishment
- wholesale market
- wholesale establishment
- distribution warehouse.
The definitions are explained in full in Guidance on who needs a licence, along with further information on the exclusions and work that does require a licence.
You do not need a licence to directly employ workers to gather shellfish by a fishing vessel.
Still not sure whether you need a licence?
You can find more advice in this detailed document: Guidance on who needs a licence. If you need further advice please email email@example.com with the type of work, where it will be done and a job description and we will tell you whether you need a licence.
Offences and penalties
It is a criminal offence to operate as a gangmaster without a licence. The maximum penalty is ten years in prison and a fine. For more information read our pages on the Criminal offences and sanctions and the penalties in How we inspect and prosecute.
Find out more...
The Gangmasters Licensing (Exclusions) Regulations 2013: Legislation
The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2014:Legislation
Gangmasters (Licensing) Act 2004: Legislation
GLA Brief 36 - Exclusions from licensing: Guidance on changes to exclusions regulations from May 2014.