Vessels operating within the Dorset Council area
The authority licenses vessels in the following categories:
South West Category 1: small boats let for hire not in the charge of a licensed skipper. Including, but not limited to:
- paddle boards
- beach floats
- pedaloes
- canoes
- water-ski craft
- power surfboards
- sailboards
- self-drive hovercraft
- self-drive motorboats
- jet-skis
- parascending craft
South West Category 2: small boats in the charge of a licensed skipper plying for hire or let for hire. For example:
- fishing
- sailing
- tourist trips
The authority may only license vessels for up to 12 passengers. Above this limit, application must be made to the MCA or to other relevant certifying authority.
The area of operation is confined to Category C waters as defined by Merchant Shipping Notice MSN 1837 (M) and SW Regional Standing Committee on Safety of Small Craft.
General Requirements - Vessels
Construction and Seaworthiness
In order to determine whether a vessel is suitable and safe for commercial use by the public, the authority will require a thorough examination of the vessel, its structure and its fixtures and fittings. The design of the hull, its construction and the materials and equipment used should be appropriate for the intended use of the vessel and its area of operation. The examination of the vessel must be undertaken by an authorised person at the applicant’s expense. The examiner must be chosen from the list of approved examiners which is published on the council’s website and should be either a qualified marine surveyor or a person who is considered to have the relevant professional qualifications or practical experience and expertise to undertake such examinations. Following examination, the authorised person will submit a report to the Authority on the vessel’s general safety and seaworthiness. A licence will not be granted without a satisfactory report from the authorised person. A report will only be accepted if it has been completed no later than one calendar month before the date it is submitted to the Council.
The examination regime will be based on the 5 year cycle specified in the MCA’s Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure as follows:
Year 1: Initial compliance examination. Physical examination of the vessel carried out by a qualified marine surveyor or competent person. (At least part of the examination must be conducted with the vessel out of the water).
Year 2: Examination of vessel by owner/managing agent.
Year 3: Examination of vessel by owner/managing agent.
Year 4: Examination by surveyor (in water inspection).
Year 5: Examination of vessel by owner/managing agent.
New vessels should comply with an appropriate standard such as ISO 12215 Small Craft Hull Construction and Scantlings.
Existing vessels should be able to demonstrate at least five years’ history of safe operation.
Lifejackets must be serviced annually.
Vessels may be subject to an independent inspection by the Harbour Master or other competent council officer to check safety equipment and ensure compliance with conditions of licence.
It is the responsibility of the owner of the vessel and/or the person in charge of the vessel to ensure that the vessel and its fixtures, fittings and safety equipment are maintained in a safe and seaworthy condition. Any accident or damage which adversely affects the safety of the vessel must be reported to the Authority within 24 hours (or, if the accident occurs at a weekend, before the end of the next working day) and the vessel made available for inspection by an authorised officer or authorised person. Depending on the severity of the damage, the Authority may decide to suspend the licence in the interests of public safety until such time as any damage or defects are repaired.
No alterations to the construction of the vessel may be made without obtaining prior written permission from the Authority. In cases where the Authority is unable to assess the safety implications of any alterations, the Authority may seek expert technical advice from another licensing/certifying authority, an authorised person or any other organisation which, in the opinion of the Authority, has the relevant knowledge and/or expertise.
In the interests of public safety, the Authority applies a number of restrictions on licences:
- The vessel may only be used for the carriage of passengers between 1st April (or Good Friday if that date is before 1 April) and 31 October in any year and during the period from one hour before sunrise and one hour after sunset
- vessel must only be operated during daylight hours
- vessel must only be operated in favourable weather i.e. wind, sea and visibility conditions which are deemed by the skipper to be safe for the vessel to operate in
Advisory: The responsibility for determining if weather conditions are ‘favourable’ rests with the skipper of the vessel. In the event of a vessel being operated in weather conditions which are unsafe or unfavourable and which result in loss of life or injury, liability will rest with the skipper and/or the vessel owner.
Safety Management System
In the interests of public safety, the vessel owner/skipper must have a safety management system in place for the vessel which should contain, as a minimum:
- a health and safety policy for the protection of crew and passengers
- procedures for dealing with emergencies (e.g. man overboard)
- procedures for reporting accidents including ‘near misses’
- Operating schedule and Risk Assessments
Advisory: It is legal requirement to report all accidents (Merchant Shipping (Accident Reporting and Investigation) Regulations 1994.
Insurance
The vessel must have adequate passenger liability and third party insurance cover. The authority will require applicants to produce a current certificate of insurance with minimum public liability indemnity of £5,000,000.
Advisory: This is the recommended minimum level of public liability indemnity. Given the potential level of any claim for loss of life or injury arising from an accident, boat owners are strongly advised to take advice from their insurer on an appropriate level of cover sufficient to meet possible claims.
Conditions
The authority may attach conditions to the grant of a Boat Licence. Licence conditions will be reasonable and proportionate and will generally be attached where the authority believes they are required in the interests of public safety. The authority’s current conditions appear at Annex 1.
Advisory: These are the authority’s standard conditions applicable to all licensed vessels. Where necessary, the authority may attach specific conditions to a licence if there is a demonstrable safety requirement.
The Licence
A laminated or waterproof copy of the boat licence must be displayed in a prominent place in the vessel where it can be readily seen by passengers and kept on display at all times during the term of the licence.
General Requirements – Skipper
Competence
In the interests of public safety, the authority will need to be satisfied that the person in charge of the vessel has the necessary level of competence to operate it safely.
The authority will require an applicant for a Skipper’s Licence to have obtained one of the following qualifications:
- Certificate of Competency – Yachtmaster Ocean
- Certificate of Competency or Service – Yachtmaster Offshore
- MCA Boatmasters Licence
- RYA/DfT Certificate of Competency or Service – Coastal Skipper
- RYA/DfT Advanced Powerboat Certificate
- RYA/DfT Day Skipper Theory & Practical Certificate
- RYA/DfT Powerboat Level 2 Certificate
Certificates of competency should carry the following endorsement: “valid for vessels of up to 24 metres in length used for commercial purposes”.
On initial application and at any other time the authority deems appropriate the applicant will be required to undergo a test of skipper’s competence. This will be carried out by the authority’s harbourmaster and will cover a range of appropriate skills and knowledge (see Annex 2).
The following may be subject to an exemption from a skipper’s licence. This will be subject to the competency test and recommendation by the Harbour Master:
- Certificate of Competency – Yachtmaster Ocean
- Certificate of Competency or Service – Yachtmaster Offshore
- MCA Boatmasters Licence
A one-day short range (approved SRC) VHF radio course would be expected for vessels which are fitted with VHF equipment.
Where there is no radio, the skipper should know how to use the available equipment to contact assistance from any point on the route – e.g. a mobile phone, PA, loud hailer, or mega-phone for use on rivers or canals.
An applicant for a Skipper’s Licence must be at least 18 years of age.
Medical Examination
In order to be satisfied that a person is medically fit to operate a vessel, the authority will require applicants to undergo a medical examination with a registered GP. The examination will be required at the following intervals:
- On initial application
- Every five years until age 65
- Annually after age 65
The medical examination must be carried out by a registered General Practitioner using the authority’s standard medical report and endorsed with the surgery’s official stamp. Medical reports which do not have the official stamp will not be accepted. Applicants should note that they must pay the cost of the medical examination. In the event of any dispute about an applicant’s or licence holder’s medical condition, the authority reserves the right to refer the matter to the local NHS Occupational Health Department for a second opinion.
Where an applicant can produce current documentary evidence of medical fitness, the authority may, at its discretion, exempt the applicant from the requirement to undertake a medical examination. The authority will accept the following certificates as exemptions:
- Seafarer’s Medical Certificate (ENG1)
- MCA Medical Certificate (ML5)
- CAA commercial pilot’s licence
- HSE diving medical certificate
- DVLA Group 2 Driver’s Licence
- RNLI medical certificate
A licensed skipper must notify the licensing authority in writing within seven days of diagnosis of any adverse medical condition which may render him/her unfit to operate a vessel.
Criminal Convictions
In order to protect public safety, the authority will vet every applicant for a Skipper’s Licence to ensure they are fit and proper persons to deal with the public. Vetting will be carried out by means of a criminal conviction certificate issued under s.112 of the Police Act 1997 (a basic Criminal Record Disclosure). The applicant/licence holder will be responsible for obtaining the disclosure and must submit this with their application. The disclosure must be no more than one month old at the time the application is submitted to the authority.
The authority will require a basic disclosure to be provided on initial application and every three years thereafter during the period of the licence. All such records will be treated in total confidence and will only be seen by authorised officers of the authority. Applicants should note that they must pay the cost of obtaining the disclosure.
If the disclosure reveals unspent criminal convictions which may, in the opinion of the Lead Licensing Officer, put the public at risk, the application will be determined by the authority’s Licensing Committee or a sub-Committee of that Committee. If the authority is satisfied that granting a licence would put the public at risk of harm, it may refuse to grant/renew, suspend or revoke the licence.
Conditions
The authority may attach conditions to the grant of a Skipper’s Licence. Licence conditions will be reasonable and proportionate and will generally be attached where the authority believes they are required in the interests of public safety. The authority’s current conditions appear at Annex 3.
Advisory: The grant of a licence does not obviate the need for vessels and/or skippers to comply with relevant bye laws made by the local/navigation authority or the port/harbour authority for the area in which the vessel operates.
The Licence
The licence must be kept in a secure place and made available for inspection on request by an authorised officer or authorised person.
Operators Licence (South West Category 1)
General
No person shall let for hire or reward any licensed vessel in South West Category 1 (when not in charge of a licensed boatman) without having first obtained a licence from the Local Authority (herein called an Operators Licence).
In the interests of public safety, the authority will need to be satisfied that the person holding the Operators Licence has the necessary level of competence to operate safely. Depending on the proposed activities the applicant may require a competency test with the harbourmaster.
Marking and Inspection
Every vessel before being let for hire or reward shall have exhibited in some conspicuous part the name of the licensed owner and the total number of person allowed to be carried. The Operators Licence may be suspended if at any time an authorised Officer of the Local Authority shall be of the opinion that any of the vessels on hire is unfit to carry passengers.
Persons in Charge
The Licensee shall be responsible that no motor boat, mechanically propelled boat or sailing boat shall be let for hire or reward unless a competent person(s) be placed in charge thereof by the licence holder and remain in charge so long as the hire shall last.
Persons under 18 years of age must be accompanied by an adult at all times.
In cases where vessel(s) let for hire are remote from the competent person, then the licensee shall ensure that there are sufficient competent persons to maintain visual contact with the hired vessel(s) at all times and provide sufficient means of immediate rescue in the event of an incident.
The Licensee shall ensure that the equipment is maintained in a proper state and that hirers are provided with sufficient information about the craft and it’s equipment to enable it to be used safely for the intended purpose and that hirers are competent for the intended operation. Hirers also need to be provided with navigational and tidal information of the estuary and prove an understanding of International collision regulations.
The licensee shall ensure that procedures are in place to alert the emergency services in the event of an incident, report and record to the licensing authority all incidents that have or could have led to injury.
Specific Requirements
The spectrum of different vessels which may be licensed makes a “one size fits all” approach impractical. The authority will use the guidance provided in Annex 4 of this policy to assist in determining what factors are considered during the licensing process.
Vessels Which Go To Sea
Any vessels which go to sea will need to be registered with the MCA or one of their authorised Certifying Authorities. Further information can be obtained from the Licensing Team or the MCA direct.
