Berthing Conditions for Private Craft.
1. Definitions
1.1 “the Berth” means a space in the Harbour for the Vessel to dock or moor
1.2 “the Equipment” means any cradle, mooring or other such equipment used in relation to the Vessel in the Harbour
1.3 “the Harbour” means Scarborough Harbour
1.4 “Harbour Dues” means the fee payable to the Council as detailed in the Council’s Schedule of Dues and Charges upon the commencement of the Licence
1.5 “the Harbour Office” means Scarborough Harbour Office, 18 West Pier, Scarborough, North Yorkshire, YO11 1PD.
1.6 “the Insurance” means third party insurance cover with an insurance company of repute for a minimum of one million pounds or in such amounts as may be required from time to time by the Strategic Director of Corporate Services
1.7 “the Licence” means these Conditions together with the completed Private Craft Berthing Licence and Insurance Application Form
1.8 “the Licence Period” means the period of one year from and including 1 April to and including 31 March
1.9 “the Port Manager” means the Harbour Master
1.10 “the Mooring Fees” means the fees payable to the Council for the Licence Period as detailed in the Council’s Schedule of Dues and Charges
2. Duration
Berths are licensed for the Licence Period
3. Applications
3.1 Applications must be made on the Private Craft Berthing Licence and Insurance Application Form.
3.2 Acceptance by the Council of the Private Craft Berthing Licence and Insurance Application Form will constitute a binding obligation on the part of the Owner(s) under the Licence whether or not the Vessel is berthed in the Harbour.
3.3 All Owner(s), including part Owner(s), must complete and sign the Private Craft Berthing Licence and Insurance Application Form.
3.4 If the Owner(s) change their address during the Licence Period the Harbour Office must be informed immediately in writing.
4. The Fees
4.1 The Owner(s) will pay the Council the Fees in accordance with the Council’s Schedule of Dues and Charges in force during the Licence Period, being;
4.1.1 the Harbour Dues; and
4.1.2 the Mooring Fees;
4.2 The Owner(s) will pay the Council the full amount due on any invoice served on the Owner(s) by the Council within twenty-eight days of the date of such an invoice.
4.3 The Owner(s) acknowledge(s) that the Council may revise the Schedule of Dues and Charges on an annual basis and agree to be bound by any new Dues and Charges which may arise as a consequence of this.
5. Harbour Laws
5.1 The Owner(s) shall at all times comply with the Harbour Byelaws and Harbour Legislation for the time being in force and any other directions or regulations made by the Council or other competent authority.
5.2 The Owner(s) will at all times comply with the directions of the Port Manager or other authorised officer.
6. Use of the Berth
6.1 The allocation of a Berth is;
6.1.1 for the Vessel named in the Private Craft Berthing Licence and Insurance Application Form only; and
6.1.2 on the basis that the Owner(s) are the principal owner(s) of the Vessel; and
6.1.3 on the basis that the Owner(s) accept(s) full responsibility for the observance and performance of the Licence.
6.2 The Owner(s) shall not substitute another vessel for that named in the Private Craft Berthing Licence and Insurance Application Form without the prior written consent of the Port Manager.
6.3 The Vessel must display a name at all times.
7. Alienation and Change of Ownership
7.1 The Owner(s) shall not, without the prior written consent of the Port Manager, assign, sub-licence or sub-let the Berth.
7.2 Consent to assign, sub-licence or sub-let will only be given in exceptional circumstances.
7.3 Should the Owner(s) wish to change the ownership of or shareholding in the Vessel during the Licence Period the Owner(s) shall give the Port Manager fourteen days prior written notice
7.4 The Council does not guarantee to re-allocate a Berth upon a change of ownership or shareholding and may require the Vessel to be removed from the Harbour.
8. Disposal of the Vessel
The Owner(s) of a Vessel having a Berth in the Harbour who dispose(s) of the Vessel during the Licence Period shall ensure that the purchaser of the Vessel is informed that;
8.1 the purchase of the Vessel does not entitle the purchaser to retain the Berth; and
8.2 an application for a new licence should be made to the Port Manager.
9. Berth Allocation
Acceptance of the Private Craft Berthing Licence and Insurance Application Form does not constitute an obligation upon the Council to the Owner(s) to provide or maintain any particular Berth but only a Berth within the Harbour in a position to be notified by the Port Manager or other authorised officer and with liberty for the Port Manager or other authorised officer to change the location or position of such a Berth from time to time at their absolute discretion to another suitable Berth for that Vessel.
10. Damage and Indemnity
The Owner(s) shall;
10.1 accept full responsibility for the proper berthing of the Vessel; and
10.2 make good at their expense any damage caused to the property of the Council; and
10.3 indemnify the Council from and against all claims, losses, demands or other expenses arising from the use and occupation of the Berth
11. Access, Egress and Moorings
11.1 The Owner(s) accept(s) that the Council and/or its servants agents employees Berth holders and/or invitees may cross or enter onto the Vessel for the purposes of access or egress to any other vessel moored in the Harbour; and
11.2 The Owner(s) acknowledge(s) that the moorings of the Vessel may be moved by such other persons when necessary.
12. Repairs and Maintenance
The Owner(s) shall not;
12.1 without the prior written consent of the Port Manager or other authorised officer, carry out or permit to be carried out any work on the Vessel whilst in the Harbour other than running repairs and routine maintenance;
12.2 without the prior written consent of the Port Manager or other authorised officer, allow or cause the immobilisation of the Vessel;
12.3 commit or allow nuisance or annoyance to others.
13. Commercial Use
The Owner(s) shall not permit the Vessel to be used for any commercial purposes without the written permission of the Port Manager at his absolute discretion.
14. Permanent Vacation
14.1 The Owner(s) shall give the Port Manager at least fourteen days notice in writing if they intend to permanently vacate the allocated Berth during the Licence Period.
14.2 Upon the expiration of such notice in accordance with Condition 14.1 and after payment of any outstanding charges the Vessel shall be removed from the Harbour forthwith and the Council shall be at liberty in its absolute discretion to reallocate the Berth.
15. Liability for Death and Damage to Property
15.1 The Council accepts no responsibility whatsoever for the death or injury of any person or damage to any property of the Owner(s) or their invitees, agents or employees or any other persons except that involving negligence on the part of the Council its employees or agents.
15.2 Save as aforementioned in Condition 15.1, the Owner(s) shall indemnify and keep indemnified the Council against all claims, losses, demands or other expenses arising therefrom.
16. Insurance
16.1 The Owner(s) shall;
16.1.1 take out and maintain in force Insurance; and
16.1.2 provide particulars of the Insurance to the Harbour Office prior to the Licence Period.
16.2 If the Insurance expires during the Licence Period evidence of Insurance renewal is to be provided to the Harbour Office within fourteen days of expiry.
16.3 Failure to provide evidence of renewal to the Harbour Office in accordance with Condition 16.2 will result in the Vessel being placed upon the Council’s Insurance Scheme and the Owner(s) being invoiced accordingly
17. Equipment
17.1 The Owner(s) shall be responsible for;
17.1.1 the provision of suitable Equipment in the Berth allocated and;
17.1.2 the removal of the Equipment when the Berth is vacated.
17.2 If Equipment is abandoned in the Harbour the Council shall have the right to remove and dispose of the Equipment and to charge the Owner(s) for the cost of so doing.
18. Unoccupied Berths
18.1 Unless the written consent of the Port Manager has been obtained to a longer period of unoccupation, the Berth may only remain unoccupied for two successive Licence Periods.
18.2 For the Licence Period(s) during which the Berth is unoccupied both Harbour Dues and Mooring Fees must be paid by the Owner(s) to the Council in full in accordance with Condition 4.
19. Lien
The Council shall have a general lien on the Vessel for all debts due in relation to the Licence.
20. Termination
In the event of any significant breach of this Licence, including for the avoidance of doubt but not limited to non-payment of fees, the Council may terminate the Licence forthwith.
21. Removal Upon Expiry or Termination
Upon expiry or termination of this Licence howsoever caused and subject to any existing general lien in favour of the Council in accordance with Condition 19 the Owner(s) shall remove the Vessel from the Harbour forthwith.