Mooring Licence Conditions
Mooring Licence Conditions - From 1 April 2009
Percuil River Moorings Limited is a locally run, mooring licence operation continuing the tradition of non-maintained moorings for the mutual benefit of mooring licensees on the Percuil River.
It is intended that the benefits derived by Licensees from the unique nature of Percuil River Moorings Limited are not exploited, and the Company depends on all those involved not circumventing its principles of operation, and acting at all times within the spirit of its aims.
The Company will give sympathetic consideration to particular cases not catered for in its Licence Conditions. It will try to ensure that individual Licensees are informed and consulted when changes to their particular moorings are being considered.
1) Mooring Licences
The Company issues five classes of Mooring Licence.
a) Licence Class A
i) A Licence Class A will be issued each year to a Licensee renewing a Licence Class A.
ii) A Licence Class A may be renewed annually by the Licensee until 2031, provided that the Company’s Licence Conditions have been met.
iii) A Licence Class A may not be transferred or sold to a Third Party by the Licensee.
iv) A Licence Class A mooring may be used by a Sub-Licensee by arrangement with the Company, or a Boatyard. v) From April 2014 if the mooring is not used in any season the licence could be reallocated by the Company.
b) Licence Class B
i) A License Class B will be issued each year for a Licensee renewing a Licence Class B.
ii) From 1 April 2007 a Licence Class B will only be renewed as a Licence Class B.
iii) A Licence Class B will not be renewed after March 2014.
iv) A Licence Class B may be transferred or sold to a Third Party.
v) A Licence Class B mooring may be used by a Sub-Licensee by arrangement with the Company.
c) Licence Class C
Licence held by one of the three boatyards
i) The Licensee is deemed to be the boatyard and if the ownership of the boatyard changes the mooring remains licensed to that boatyard.
ii) A Licence Class C may not be sold.
iii) A Licence Class C mooring may be used by a Sub-Licensee by arrangement with the Boatyard.
d) Standard Licence
Issued to a Licensee allocated a mooring from the Waiting List, and the Licence for a mooring previously known as an Annually Rented Mooring
i) A Standard Licence may be renewed annually by the Licensee until 2031, provided that the Company’s Licence
Conditions have been met and the mooring is being used each season.
ii) A Standard Licence may not be transferred or sold to a Third Party by the Licensee.
iii) A Standard Licence mooring may be used by a Sub-Licensee for no more than one year and by arrangement with the
Company.
iv) The mooring must be used for more than six weeks in a Licence year or the licence will not be renewed and the mooring allocated to someone on the waiting list.
e) Sub-Licence
i) A Sub-Licence is issued by the Company or a Boatyard when a mooring is to be used by someone other than the mooring Licensee.
ii) A Licensee wishing to allow a Sub-Licensee to use a mooring must declare this when the Licence is renewed, or contact the Company Secretary and ask for a Sub-Licence Application Form.
iii) There is a £30 administration fee for the first issue of a Sub-Licence issued to a particular sub-Licensee by the Company.
2) The Licensee
a) The Licensee must be identified on the Licence.
b) The Licensee for a Licence Class A or a Licence Class B or a Standard Licence may be an individual, two or more co-licensees, a family of family members, a boat-owning syndicate, or a sailing club.
c) The Licensee for a Licence Class C can only be one of the three Percuil River Boatyards, namely Freshwater Boatyard, Percuil Boatyard and Polvarth Boatyard.
3) The Sub-Licensee
a) The Sub-Licensee must be identified on the Sub-Licence.
b) The Sub-Licensee is subject to the Licence Conditions.
4) Licence Conditions
a) General
i) The right to moor the boat identified in the Licence extends from 1st April in the year of issue to 31st March of the following year only and is subject to renewal each season at the absolute discretion of the Company.
ii) The boat moored must be registered with the Company.
iii) The Company reserves the right in its absolute discretion to refuse any application for a licence without giving any reason for doing so.
iv) The Licence returns to the Company for re-allocation if it is not renewed or if the Licence Conditions are not met.
v) Any formal communication with the Licensee from the Company shall be deemed to be lawfully served if sent by recorded delivery to the last known address of the Licensee.
vi) The Company reserves the right to require the Licensee to remove his/her boat at any time, should it become necessary to do so in connection with the exercise of its functions, or should there be any breach of any of these Conditions by the Licensee.
vii) The Licensee indemnifies the Company and its servants against all costs or claims arising as a consequence of the Licensee’s use of the mooring.
viii) The Company reserves the right to change these conditions at any time.
b) Safety and the environment
i) The Licensee shall not permit the discharge of any sewage, rubbish, fuel, oil or other pollutant from the boat.
ii) The Licensee shall not permit the use of any noisy or noxious apparatus on the boat.
iii) The Licensee shall ensure that all using the boat do not behave in such a way as to cause a nuisance, disturb or otherwise offend others.
iv) The boat’s halyards and other rigging shall be secured so as not to cause a nuisance or annoyance to others.
v) Boats moving in the river shall be handled in a seamanlike manner.
vi) Boats moving within the river must observe the speed limit of 5 knots and bye-laws of the Truro Harbourmaster.
vii) Any exposed propeller must be protected so as not to cause damage to others.
viii) The Licensee shall warrant to the Company that it has (and will continue to have throughout the Season) adequate insurance for the boat (and any damage to other river users). The Licensee shall produce evidence of such insurance upon request by the Company.
ix) The Licensee uses the mooring entirely at his/her own risk and the Company accepts no responsibility for the safety of the craft moored.
x) The Licensee must ensure that the boat is left properly moored and secure when not in use.
c) Liability and insurance
i) The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and any sub-contractors) to the Licensee in respect of:
• any breach of the Company’s conditions under this licence;
• any representation, statement or tortious act or omission including negligence arising under or in connection with the Licence; and
• any loss, theft, or any other damage of whatsoever nature caused to any vessel or other property of the Licensee, or others claiming through the Licensee.
ii) All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Services Act 1979) are, to the fullest extent permitted by law, excluded from this licence.
iii) Nothing in these conditions excludes or limits the liability of the Company:
• for death or personal injury caused by the Company’s negligence;
• under section 2(3), Consumer Protection Act 1987;
• for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
• for fraud or fraudulent misrepresentation.
iv) The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising howsoever in connection with this Licence shall be limited to the amount of the Company’s insurance cover from time to time in place for risks of this nature.
v) The Company shall not be liable to the Licensee for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Licence.
vi) The Licensee shall indemnify the Company against all loss, damage, costs, claims or proceedings incurred by or instituted against the Company or its servants, agents, crew, guests, or sub-contractors, except to the extent that such loss, damage, claims, costs, or proceedings may be caused by the negligence or wilful act of the Company or its employees or agents.
vii) The Licensee shall maintain third party insurance in respect of himself/herself and of each of his/her vessels, his/her crew for the time being, and his/her guests, visitors, agents, and subcontractors in a sum of not less that £2,000,000 in respect of each accident or damage, and in respect of each vessel, adequate salvage insurance.
viii) Notwithstanding these conditions, the Licensee shall promptly notify the Company in writing of any circumstances which become apparent which might cause damage to any craft or moorings.
ix) The distance between moorings is judged so as to provide clear swinging room for the vessels licensed to use the moorings under normal circumstances. There may, however, be conditions of wind and tide in which adjacent vessels may make contact with each other. In accepting a mooring, a vessel’s owner must accept this possibility and indemnify the Company against claims for damage so caused.
x) No express or implied obligation or duty shall be imposed on the Company by virtue of any of the terms of this Licence and without limitation the Licensee acknowledges that the Company shall not be required to enforce any like terms as contained in this Licence or on any other Licensees of moorings on the river .
d) The boat using the mooring
i) The mooring shall be used for a single boat.
ii) The boat using the mooring shall be identified to the Company and identified on the Mooring Licence.
iii) The overall length of the boat using the mooring shall not exceed the authorised length of the mooring.
The boat’s overall length is the distance from the stemhead fitting to the aft-most extremity of the boat. This may be the transom, or the aft end of a platform, raised engine, mizzen boom, rudder, davits, bumpkin, or any other part of the boat protruding aft. It does not include the bowsprit.
iv) Any exposed propeller must be protected so as not to cause damage to others.
e) Change of boat
It is a condition of the Licence that the Company approves a change of boat. This is to ensure that the new boat is suitable for the particular mooring position. Requests for this approval should be sent to the Company.
f) The mooring
i) The position of the mooring shall be determined by the Company at its absolute discretion from time to time, and may be re-positioned by the Company at any time. Whenever possible the Company will discuss with the Licensee in advance of the intention to move the mooring.
ii) The Licensee shall provide and maintain the mooring tackle in good condition.
iii) The scope of the mooring shall be kept to a minimum, by the use of suitably weighted chain and the minimum length of mooring strop, such that the moored boat does not come into contact with other moored boats on the river, nor obstruct the navigation channels.
iv) Before each annual licence is issued the Licensee shall provide the Company with evidence that the mooring has been checked by an approved mooring operator. The approved mooring operator must certify that:
• the mooring is in a condition suitable for the craft using the mooring and the mooring site for the following twelve months;
• the mooring buoy is light coloured, clearly visible and of adequate size and buoyancy;
• the mooring buoy is clearly marked with the mooring number as given in the Licence.
• Moorings not marked with the correct mooring number may be removed by the Company.
v) If a mooring is in use during the winter it shall be checked by an Approved Mooring Operator during the Autumn preferably not later than 31 October in addition to being given its normal Spring maintenance servicing.
vi) Any sunk mooring must have its position indicated by a marker bouy clearly marked with the mooring number.
g) Change to approved length of moorings
In general, requests to increase the approved mooring length are refused. This is because all areas of the River are at full capacity. Any request for an extension must be accompanied by a non-returnable administration fee of £25.
h) Approved Mooring Operators
A list of approved mooring operators is available from the Company. An approved mooring operator must meet the following criteria:
i) to the complete satisfaction of the Company provide evidence of or already be known to have sufficient knowledge and experience to lay and maintain moorings in the Percuil River;
ii) have and use suitable equipment to lay and maintain moorings in the Percuil River;
iii) for cases where there are limitations to the equipment available, limitations on the type of moorings to be checked and maintained by the mooring operator will be imposed
iv) be suitably insured to cover the risks associated with such activity (and the Company reserves the right to have sight of evidence of such insurance upon request).
i) Transfer of Licence by Licensees
i) The transfer of Licences by Licensees is limited to Licences – Class B only, as described in 1 b) above.
ii) To transfer the Licence, the Licensee should contact the Company Secretary and ask for a Change of Licensee Application Form.
iii) There is an administration fee of £30 for the transfer of Licences.
iv) If there is a change of boat using the mooring the change must be approved by the Company as in 4 e) above.
j) Procedure for the renewal of a Licence
i) Application Forms and Invoices to renew Licences are sent to Licensees during March/April.
ii) In addition to details of the Licensee the Application Form requires the following information:
• details of the boat using the mooring;
• evidence that the boat is adequately insured;
• evidence that the mooring has been checked by an Approved Mooring Operator as given above
iii) The Application fee shall be sent to the Company before the 16 May each year, and failure to do so may result in financial penalties being imposed.
k) The allocation of a Standard Licence to a new Licensee
i) A Standard Licence is issued to a new Licensee as described in 1 d) above.
ii) The allocation of the Licence is governed by the operation of the Waiting List. iii) A registration fee of £30 is charged for a new Licence.
iv) The transfer of the mooring’s tackle is charged at the rate given in 4 l) below.
l) Payments for mooring tackle
i) On giving up a mooring licence the Licensee will receive a payment for the mooring tackle. The payment will relate to the size and condition of the mooring.
ii) If the Licensee can produce evidence that the mooring has been serviced and checked by an Approved Mooring Operator for the current season, the payment will be:
• £750 for a 30 foot mooring
• less £20 per foot for every foot the mooring is below 30 feet,
• or, plus £25 per foot for every foot the mooring is over 30 feet.
iii) If the Licensee cannot produce evidence that the mooring has been serviced by an approved mooring operator for the current season the Company will arrange for this to be done, and reduce the payment to the Licensee by the cost of servicing the mooring plus an administration fee of £30.
m) The Waiting List
i) Applicants to join the Waiting List complete an application form available from the Company and pay a registration fee of £30.
ii) Applicants will be contacted each year and asked to confirm that they wish to remain on the Waiting List.
n) Communications with the Company
i) Written communications are to be sent to:
Percuil River Moorings Limited, P.O. Box 1, St Mawes, Truro, TR2 5UR
ii) Telephone communications can be initiated by calling 01872 580068 and leaving a message on the Company’s answerphone service.
iii) The email address is contactATpercuilriverDOTcoDOTuk (please insert correct symbol to replace capital letters).