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1 | P a g e Isle of Anglesey County Council Moorings & Visitor Berthing Management Policy (2016/17)

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Page 1: Isle of Anglesey County Council Moorings & Visitor ... · 1 | P a g e Isle of Anglesey County Council Moorings & Visitor Berthing Management Policy (2016/17)

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Isle of Anglesey County Council

Moorings & Visitor Berthing

Management Policy (2016/17)

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Contents

1. Introduction

Page 3

2. Objectives of the Mooring Policy

Page 3-4

3. Mooring and Berthing Sites

Page 4-5

4. Mooring Management & Allocation

Page 6-7

5. Mooring Waiting List Protocol

Page 7

6. Visitor Berthing Management & Allocation

Page 7-8

7. Risk, Liability, Insurance & Recommendations Page 8

8. Code of Practice Page 8-10

9. Monitoring and Review of Policy

Page 10

10.Contact Details

Page 11

Annexes

A. Summary of Mooring Sites

B. Mooring Allocation Protocol

C. Terms and Conditions for Mooring Users

D. Mooring Waiting List Procedure

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1) Introduction This policy outlines the Isle of Anglesey County Council’s (IACC) approach to the management of moorings and berthing of vessels around the coastline of Anglesey. The IACC’s Maritime Function manages approximately 450 moorings along the south east and eastern coastline of Anglesey; as well as berthing facilities at Amlwch Port, St George’s Pier in Menai Bridge and Beaumaris Pier. These moorings and berthing facilities are provided on a discretionary basis by the IACC (as the Harbour/ Port Authority for Amlwch Port, Menai Bridge and Beaumaris). The policy is primarily an operational/ management tool to ensure all facilities are used appropriately by new and existing maritime users (both commercial and leisure) and that there is common understanding of all issues, constraints and obligations. This document is supplementary to the Isle of Anglesey County Council’s Maritime Legislations:

1. Harbour Act 1964 – construction, improvement, maintenance and

management of harbours

2. Anglesey Marine Terminal Act 1972 (Amlwch Port) – development of

Shell facilities at Amlwch

3. Amlwch Harbour revision Order 1981 – Amendments to byelaws

4. Menai Bridge Urban District Act 1902 – Construction and operation of St

George’s Pier (passes to IACC in1972)

5. Beaumaris Navigation Authority Order – Establishment of navigation

authority (passes to IACC in 1972)

6. Port Marine Safety Code – Safety of marine operations in all waters and

approaches managed by a harbour authority

Please note that the policy shall not interfere with the Maritime Function’s ability to allocate, regulate or manage in a safe manner the number, location, size and type of mooring or berths being used/ provided at any time. 2) Objectives of the Mooring and Berthing Policy The objectives of the policy are to:

a) Ensure a consistent, fair, transparent and equitable approach to the management, administration and allocation of the IACC’s moorings and visitor berthing facilities.

b) Outline how all moorings and berthing facilities should be used responsibly in a safe and considerate manner.

c) Clearly define robust criteria for the management and use of moorings and visitor berthing facilities to maintain the popularity of the island’s coastline for water based commercial, recreation and leisure activities.

d) Encourage compliance with all relevant legislation and IACC guidelines, regulations and/ or bye laws.

e) Provide a general overview of the responsibilities and obligations of mooring holders, and outline some of the key terms and conditions upon which moorings will be allocated.

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f) The mooring policy will be principally administered by Isle of Anglesey County Council’s Maritime Function. A copy of the policy will be available on the Isle of Anglesey County Council’s website under Leisure. All applicants, potential applicants, members of the public and other interested persons or bodies can access the document.

3) Mooring and Berthing Sites A mooring refers to any permanent structure / equipment to which a vessel may be secured. Currently, the Maritime Function manages approximately 450 moorings at six different sites on the Island. The type of moorings available at our sites varies from swinging mooring, fully floating, tidal mooring and drying out. For a summary of each site please see Annex A. A berth is a designated location in a port or harbour used for mooring vessels when they are not at sea. Most berths are alongside a quay or a jetty (large ports) or a floating dock (small harbours and marinas). Please see map below of the sites the Maritime Function is responsible for. Currently the Maritime Function is responsible for six mooring locations on the Island. The locations are:

1. Amlwch Port 2. Red Wharf Bay 3. Ffryars Bay 4. Beaumaris Pier 5. Glyn Garth 6. Menai Bridge

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4) Mooring Management and Allocation Mooring Allocation For the official copy of the Mooring Allocation Protocol, please see Annex B. A successful applicant will need to comply with the Isle of Anglesey County Council’s Terms and Conditions for Mooring Users (Annex C) Duration of Mooring Agreements A maximum of 12 months commencing on the 1st of April and expiring on the 31st March of the following year. However, vacancies that arise after 1st April will be filled from the relevant waiting lists and run from the acceptance date up to the 31st March. Mooring Charges Mooring fees are determined by the length of each vessel. No vessel shall be placed on a mooring of a different size than applied for. All matters related to the application of charges for moorings, registration and other facilities can be found in the current Fees and Charges which can be found on the County Council’s website www.anglesey.gov.uk.If a mooring holder has not paid the required mooring fee in full by the 31st of May, then as of the 1st of June that mooring facility will be reallocated to the next appropriate applicant on the waiting list at the Maritime Function discretion. If a mooring holder does not put a vessel on the allocated mooring facility by the 31st May then as of 1st June the mooring will be reallocated to the next appropriate applicant on the waiting list at the Maritime Function discretion. Renewal of Allocated Mooring The Council will send each existing mooring holder an application form and invoice requesting a Mooring Form Agreement fee before the start of each season. If the mooring holder returns the form indicating that he/she does not wish to renew the Mooring Form Agreement, it will be allocated to the next person on the appropriate waiting list and the Council will send an application form and invoice as above. The Council will, upon receipt of payment, allocate a mooring to the applicant in a location within the specific arear applied for, the exact location is determined at the discretion of the Maritime Function. An existing mooring holder who wishes to relocate will need to make an application but will be given a priority on the waiting list if suitable. This will make the vacated spaces available to the next suitable vessel on the waiting list. Vessel Identification The name or number of each craft must be displayed either on the bow or stern or on a name board or (where carried) on a lifebuoy which must itself be in a conspicuous position. A valid mooring permit sticker (provided by the IACC) must be displayed on the vessel at all times.

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Change of Vessel In the event of the mooring holder selling or otherwise disposing of the vessel authorised to use the mooring, the parties to the change shall ensure that immediate written notification is given to the Maritime Function. When an existing owner wishes to change their vessel then a new application must be made for the intended new vessel. However, if the applicant is a long term mooring holder, this application would be approved if the vessel suits the existing mooring allocated. Inheritance Where a member of a family wishes to continue using the named vessel on the allocated mooring after the death or incapacity of the existing holder, he / she must gain written consent from the Council to do so. Cancellation of Mooring Form Agreement The mooring holder can cancel the Mooring Form Agreement by giving 14 days of notice in writing to the Council. However, the fee and or deposit already paid shall be retained by the Council. The Council can cancel the Mooring Form Agreement at any time by giving 1 month notice in writing to the mooring holder’s last known address. A mooring may be cancelled for a number of reasons and these may include but are not limited to; bad debt, failure to comply with the regulations and abuse towards the Maritime staff. 5) Mooring Waiting List Protocol A mooring can only be offered and allocated to the person whose name is next on the appropriate waiting list for a specific area on a first come first served basis. A registration fee of £10 is required to join the waiting list and is not refundable or transferable to a third party but will be credited to the mooring charges should a mooring be allocated. The waiting list entry will be dated the same day the deposit is received. Moorings, once allocated, are not transferable to a third party without the Council’s prior written consent. Where consent is granted, a mooring transfer fee will be charged by the Council. Please see Annex D for the full Mooring Waiting List Procedure for the Isle of Anglesey County Council. 6) Visitor Berthing Management and Allocation Isle of Anglesey County Council’s Authority administers the licensing of berths within Amlwch, Holyhead Fishdock, Menai Bridge and Beaumaris port. Anglesey is a very popular place for leisure boaters to keep their craft. The demand for a berth in Amlwch Port is very high and there is currently a waiting list at this site. The Isle of Anglesey County Council Maritime Function offers annual and temporary berthing on a first come first serve basis. The licensing year runs from 31 March to 1 April of each year.

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Vessels are berthed:

alongside the quay walls either singly or double-banked for large craft

alongside pontoons and finger pontoon for smaller craft 7) Risk, Liability, Insurance Requirements and Recommendations All vessels are berthed, moored, launched, moved and hauled out at the applicant’s own risk and is not the responsibility of the Council. The applicant is therefore required to make sure that his vessel and property are adequately insured against all risks. Applicants will only be granted an annual Mooring Licence on production of £3 million third party liability insurance for the boat on the mooring application form. The Council accepts no liability for any loss or damage to property howsoever caused. If the vessel sinks at the mooring it will have to be recovered and removed by the vessel’s owner. Failure to remove such a vessel from the harbour in such a period as shall be specified by the Maritime Function in their absolute discretion (including immediate notice) will result in the Council recovering and removing the vessel and the appropriate charges being made. Such charges shall be a debt due from the Mooring Form Agreement holder to the Authority. 8) Code of Practice Please see Annex C for the official Isle of Anglesey County Council Terms & Conditions for Mooring Users Use of Moorings and Berthing Moorings must only be used for the purposes stated in the original application. Masters of vessels shall moor, anchor, berth and / or ceased to moor, berth or anchor and be moved in accordance with directions given from time to time by the Maritime Function. Vessels using moorings must not be used for residential purposes. i.e. no living on board is permitted and boats must not serve as the sole or main residence of any individual or group. Customers are not expected to sleep on board their craft unless that vessel has a suitable manufacturers holding tank for grey water and sewage. Moorings will be withdrawn from those customers who breach this expectation. It is the responsibility of the boat owner to berth his/her boat correctly with sufficient ropes and fenders. Ropes should not be tied to access ladders under any circumstances only on the bollards provided. The boat owner will take all precautions with the weather and tidal conditions. Wind against tide on some larger tides and strong weather will lead to an uncomfortable berth alongside the pier. Visiting Yachts - Visiting craft must not berth alongside without permission from the Maritime Function and the correct fee must be paid the Isle of Anglesey County Council.

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Berthing is at the discretion of the Maritime Function. Dinghies - Small dinghies can be left at the pier for a short time at the discretion of the Maritime Function. They must be left and secured in a safe manner as not to interfere with other boat users i.e. Rib Operators Mooring Maintenance Mooring holders are advised that the safety of their boat is the sole responsibility of the owner. The Licensee shall provide, lay and at all times keep in good repair condition the mooring in such a manner as to keep a safe berth for the vessel laying thereto and all other vessels in the immediate vicinity. On or before the 30th November, remove the marker buoy and bridle for the purpose of maintaining renewing and repairing the same and examine repair and renew the reminder parts of the mooring tackle where and when necessary so that at all times the mooring is in good sate of repair and condition. All boats must display a clear sticker. This will be provided by the Isle of Anglesey County Council Maritime Service. It is the responsibility of the mooring holder to make sure the sticker is clearly displayed, and if damaged, in any way, they must contact the Maritime Service immediately. Bye-laws and Safety Regulations The applicant shall at all times comply with the bye-laws or other directions being in force, copy of which can be inspected at the Pier Master Office, Menai Bridge or at Anglesey Business Centre, Llangefni. The applicant shall at all times and in all respect comply with the Safety Regulations that are in force and which pertain to the class of vessel in the harbour during the period in which the vessel is moored therein. Reporting of Accidents and Incidents All accidents/incidents must be reported to the Isle of Anglesey’s Maritime Function immediately. Fuel and Refuelling No fuel or combustible material is permitted to be kept on or within the allocated mooring save in authorised storage tanks and containers. Refuelling on site is acceptable as long as the mooring holder do so in a safe and environmentally safe manner. Any fuel spillage must be reported immediately to the Isle of Anglesey County Council Maritime Function. Pollution Mooring holders must not pollute the area they are using by spillage, dumping of waste, effluent, human waste, detergent and/or fuel or otherwise deposit refuse or scrap on the estate, in the waters or on the harbour bed.

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Weather Forecast Before going on the water, boat owners should obtain an up to date weather forecast to ensure safety at sea. Follow one of the links below for the weather forecast in your area: Met Office: http://www.metoffice.gov.uk/public/weather/marine-observations#?tab=marineObsMap&marineLocId=3302&fcTime=1452729600 XC Weather: http://xcweather.co.uk/ Reckless Conduct and Disorderly Behaviour The mooring holder shall not use the mooring facility in a reckless manner so as to cause danger to other users or damage to their property. The mooring holder (including any persons on board a vessel on the harbour facility) shall not cause unreasonable noise, nuisance or annoyance to other users. Pier and Promenade at Menai Bridge and Beaumaris - The general public are welcome to use the facilities in a responsible manner. Litter bins are provided on site. The Promenade is a strict alcohol free zone. Beaumaris - The pier is only to be used overnight from approximately 20.00 – 08.00 subject to commercial traffic. Outside of these hours must be discussed with Maritime Function. Parking - All vehicles parking on the Menai Bridge Pier Promenade must be in the correct area and have a parking permit issued by the Pier Master. There is an annual fee of £50 if you wish to park on the pier all year round. 9) Monitoring and Review of Policy As part of its annual review the Authority will report annually on the number of moorings / berthing allocated and removed and the overall total increase or decreased over the year. The Isle of Anglesey County Council will review the Policy on annual basis.

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10) Contact Details Should you have any questions regarding the Policy, please do not hesitate to contact: Maritime Function Isle of Anglesey County Council Anglesey Business Centre Bryn Cefni Business Park Llangefni Anglesey LL77 7XA Tel: 01248 752435 Pier Master: 07990531595 Email: [email protected] Web: www.anglesey.gov.uk

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Annex A – Summary of each area Beaumaris

- Drying out and fully floating moorings available

- Slipway

- Pier and Pontoon facilities

- Ample parking available (at cost)

- Fuel for boats available

- Boat repair chandler

- Lifeboat Station

- Lift out facilities

- Toilets

- Hardstanding (park boat)

- Fresh water available on pier

- Pubs / restaurants nearby

Menai Bridge

- Drying out and fully floating moorings

- Slipway

- Pier and floating pontoon for easy access

- Fuel for boats available

- Good transport links

- Fresh water available

- Toilets

- Pubs / restaurants nearby

Friars Bay

- Drying and fully floating moorings

- No facilities

Glyn Garth

- Mainly floating moorings

- Slipway

- Limited parking on nearby road

Red Wharf Bay

- Drying out moorings only

- Ample parking available

- Toilets

- Pubs / restaurants nearby

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Annex B – Isle of Anglesey County Council Mooring Allocation Protocol

1. Moorings are allocated annually on a “first-come-first-serve” basis

2. The Isle of Anglesey County Council’s Maritime Function has responsibilities for

Moorings in the North East area of The Menai Straits (Menai Suspension Bridge

to Puffin Island) and Red Wharf Bay

3. The Maritime Function allocates mooring spaces to accommodate moorings for boat owners who are ordinarily resident, visitors and commercial operators.

4. The Maritime Function determines the location of both existing moorings and new allocations.

5. All applicants must have completed the official application for an Annual Mooring Licence (which can be downloaded off the IACC website)

6. All applicants must give full details of the boat they wish to moor whereupon every attempt will be made to allocate appropriately with regard to the size, type and draught of the vessel. It may also be necessary for some existing moorings to be relocated in this process.

7. Applicants who apply for a mooring can be included on the official waiting list with a registration fee of £10, if there is no space available at that point in time. Subject to availability, moorings will be offered to members on the waiting list. There will be a strict date priority on a first come first served basis

8. If the applicant declines the mooring ( without a valid reason) it will be offered to

the next person on the list and their name will be moved to the bottom of the list

9. Under no circumstances will an applicant instruct a contractor to lay a mooring

without first obtaining permission from the Maritime Function and have a valid

mooring agreement

10. Applicants will only be granted an annual Mooring Licence on production of £3

million third party liability insurance for the boat on the mooring application form

11. The responsibility for the laying of a mooring, and its maintenance, is solely that of the mooring licence holder. Moorings must comply with specifications provided

by the Maritime Function.

By Order – Isle of Anglesey County Council

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Annex C – Isle of Anglesey County Council Terms and Conditions for Mooring Users

MOORINGS ARE ALLOCATED SUBJECT TO THE FOLLOWING TERMS AND

CONDITIONS

1. All applications for a mooring / berthing shall be made on the official Council mooring agreement form and must give sufficient information on the name, size and type of boat.

2. Mooring / berthing are let and charged on a year basis which commences on either 1st April, annually or the date of agreement, if later, and expires on 31st March of the following year.

3. Sticker shall be conspicuously displayed on the boat at all times. The sticker will be issued by the Council only after payment has been received.

4. The applicant shall at all times comply with the bye-laws or other directions being in force, a copy of which can be inspected at the Pier Master Office, Menai Bridge.

5. The applicant shall at all times and in all respect comply with the Safety Regulations that are in force and which pertain to the size of vessel in the harbour during the period in which the vessel is moored therein.

6. The applicant accepts and confirms that the mooring / berthing that is offered is solely for the vessel named on the agreement form.

7. The applicant shall not transfer, or sub-let the mooring / berthing.

8. The applicant shall not in any way alter the position of the mooring / berth without the prior written permission of the Council.

9. The applicant shall accept full responsibility for the proper mooring / berth of the vessel. The applicant is responsible for providing proper and suitable equipment that secures the vessel to the mooring / berth. The owner shall notify the Pier Master in writing of any damage to any property / boats, and shall indemnify the Isle of Anglesey County Council from, and against, all claims, loss, demands, or other expenses arising from such damage.

10. If any maintenance work has been undertaken on the mooring / berth, please inform the Pier Master of the work that has been done. The Pier Master may take periodic inspections of unmaintained moorings / berths.

11. The Council will consider refunding mooring / berthing fees if the mooring agreement is terminated by the applicant and only if the circumstances for terminating the agreement could not be foreseen and that the circumstance for terminating the agreement was beyond the control of the applicant.

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12. The Isle of Anglesey County Council accepts no liability whatsoever for the death or injury caused to any person, or damage to any property of the applicant or his invitees, agents or employees, or any other persons except where such act involved negligence on the part of the Isle of Anglesey County Council or agent.

13. The applicant shall take out third party insurance cover with an insurance company of repute to a sum of a minimum of £3,000,000 and particulars of each policy shall be provided with each agreement.

14. On acceptance of the offer of the agreement, mooring holder must pay the annual fee in accordance with the current schedule of Maritime Fees and Charges.

By Order – Isle of Anglesey County Council

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Annex D – Isle of Anglesey County Council Mooring Waiting List Procedure

1. The waiting list registration fee is £10. On receipt of the appropriate fee, your

name will be placed on the relevant list. Please make cheques payable to the Isle of Anglesey County Council

2. The waiting list entry will be dated the same day the deposit is received.

3. The registration fee is NOT REFUNDABLE OR TRANSFERABLE to third party but will be credited to the mooring charges should a mooring be allocated

4. Under normal circumstances the applicant will only be given one offer of a

mooring

5. When a mooring is offered and accepted, it can only be allocated to the person/operation whose name is on the waiting list. The mooring is NOT TRANSFERABLE to a third party

6. When a mooring is offered and accepted and no boat is immediately available,

then the applicant must pay the full fee for the size of mooring applied for, and then has three months to place their craft on the mooring

7. Often a waiting list will be banded dependent on the size of the mooring. It is

therefore important that applicants are certain about the size of mooring required. The length entered on the waiting list form will not be adjusted up at a later date and an adjustment down in size may result in a transfer to a new list with a new entry date

8. If an existing mooring holder wishes to relocate their vessel, they will need to make an application, but will be given a priority on the waiting list if suitable. This will make the vacated spaces available to the next suitable vessel on the waiting list.

9. From time to time applicants will be asked to provide written confirmation of their

wish to stay on a particular waiting list. The applicant’s details will be deleted from our records if written confirmation is not provided

10. It is the applicant’s responsibility to keep us advised of any change in the

applicant’s details, especially any change of address.

By Order – Isle of Anglesey County Council