Archived decisions

Contact: David Evans tel 01489 576387 email: [email protected]

1. Summary

1.1 This report forms an update for members of the Harbour Board on a number of current management issues.

2. Recommendation

2.1 That the Harbour Board notes items 3.1, 3.2, 3.3 and 3.4 and;

2.2 With regard to item 3.5, that the Harbour Board re-affirms the existing policy that Harbour Dues for Crown Estate mid-stream moorings should continue to be charged per metre on the basis of the maximum capacity of the mooring, using the following wording:

"All Crown Estate mid-stream moorings: Annual harbour dues to be £17.82 per metre, based on the exact maximum size of vessel which can be accommodated on the mooring."

3. Issues

Freedom of Information Act requests

3.1 As previously reported, the Harbour Office staff and other County Council officers have received a significant number of Freedom of Information and Environmental Information Regulations requests made on behalf of Warsash Sailing Club. The original requests (made over a year ago) were the subject of an appeal to the Information Commissioner and these requests have now been answered. A series of more recent requests have been received from the same source, mainly relating to Harbour Dues, the former Supervision Charge and other financial matters, and are currently being dealt with.

Crown Estate Management Agreement

3.2 The Management Agreement, whereby the Harbour Master manages some 600 mid-stream moorings (including the waiting list and sub-letting arrangements) on behalf of The Crown Estate, fell due for renewal on 1 April 2007. Following lengthy negotiations, a revised Management Agreement has now been signed. This involves the payment of a fixed sum to the Harbour Authority for the management of the moorings, plus 20% of the gross income from the waiting list and 25% of the net income (after deduction of Harbour Dues and refunds to mooring holders) from sub-lets. This new agreement is valid until 31 March 2012.

Crown Estate Lease

3.3 The Harbour Authority leases the space occupied by its jetties and pontoons from The Crown Estate. The various leases covering these structures have now been amalgamated into a single lease to include the Harbour Master's Jetty at Warsash, the Fishermen's Jetty, Hamble Jetty and the Visitors' Pontoon. The new lease has yet to be finalised but will include an annual lump sum rental plus 15% of gross visitor income. It will be valid until 31 March 2036.

Seasonal Coxswains

3.4 Following a comprehensive selection process, a total of four seasonal coxswains have been appointed. Two started just before Easter and two will start at the beginning of May. Two will then complete their contracts after the August Bank Holiday, and the other two will continue until late September.

Harbour Dues - Crown Estate mid-stream moorings

3.5 Correspondence has been received from the River Hamble Mooring Holders

Association questioning the basis on which Harbour Dues are calculated for Crown Estate mid-stream moorings. This item aims to clarify the situation and seek Harbour Board approval to retain the status quo.

3.6 Crown Estate mid-stream moorings are divided into bands, based on the length of vessel for which they are suitable. The most popular bands are 8.0 - 9.8 metres and 9.8 - 12.2 metres. At present, Harbour Dues are calculated on the basis of the maximum length of boat which the mooring can accommodate. The Crown Estate also calculate licence fees on the same basis, with no allowance given for vessels which are smaller than the maximum allowed on the mooring.

3.7 The basic rate of Harbour Dues for 2008 (as agreed by the Harbour Board on 20 July 2007) is £14.70 (inc VAT) per metre of length (or part thereof). Vessels on mid-stream moorings pay at a higher rate (currently £17.82 (inc VAT) per metre) but this will reduce to a differential of only 10% (to cover administration costs) over the next five years.

3.8 A number of techniques are used to calculate the dues payable for different types of vessel throughout the River - each technique is the most appropriate to the circumstances. Vessels berthed in marinas and boatyards are charged based on the total capacity of the marina, assessed in accordance with an agreed formula and measured in meters - Harbour Dues are charged whether the berth is occupied or not. Vessels on Crown Estate mid-stream moorings also pay on the basis of capacity, using the exact maximum length of vessel which can be accommodated on each mooring. Dry-sailed vessels are charged according to their length overall in metres (or part thereof) - thus most pay dues for slightly more than their actual length.

3.9 The current regime of charging Dues for Crown Estate mid-stream moorings has a number of advantages:

· It ensures that the income to the Harbour Authority is readily predictable and will not fluctuate with changes to the sizes of the boats accommodated on the moorings.

· Dues are calculated on the same basis as the Crown Estate licence fee, which vastly simplifies the invoicing process.

· If the charging basis were to be changed to the actual length of the boat in metres (or part thereof), the total sum collected by the Harbour Authority would reduce, necessitating an increase in the rate per metre in order to preserve income and it would adversely affect those with vessels at or near the band maximum (eg: a 12.1 metre vessel would have to pay for 13 metres rather than the current 12.2 metres).

and one disadvantage:

· Owners of boats which are significantly smaller than the maximum allowed for their mooring will pay more in Harbour Dues than the actual size of their boat would indicate.

3.10 It is thus recommended that the Harbour Board should clarify the wording of its resolution (i) of 20 July 2007, as follows:

"All Crown Estate mid-stream moorings: Annual harbour dues to be £17.82 (inc VAT) per metre, based on the exact maximum size of vessel which can be accommodated on the mooring."

4. Impact Assessments

4.1 This report is a position statement only and the recommendations, if accepted will not result in any changes to the services provided by the Harbour Authority.

5. Conclusion

5.1 This report deals with current management issues pertaining to the River Hamble and does not recommend any changes to existing policies.