The nub of this is " an ordinary person test " now comes down to risk assessment. Every time we take off from a confined area, approach a confined area we subconsciously do a risk assessment. The same can be said of c of g calacs, I have worked for 2 companies where one has chosen actual weights of pax the other average weights. You could argue that average weights is reckless endangerment, can certainly think of a few incidents where the pax were way heavier than average, but according to the manual ( CAA approved) we were legal
Basically the CAA would appear to be on a fishing exercise probably supported by an other helicopter company ( competition) who is feeling peeved, either wrongly or rightly.