Archived decisions

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held at the RAF Yacht Club, Hamble on 24 October 2008.

PRESENT

Also present:

Councillor J.V. Bryant, Chairman of the River Hamble Harbour Board.

180 APOLOGIES FOR ABSENCE

Apologies for absence were reported on behalf of Councillor A. Broadhurst, Councillor H. Millar and Mr. J. Greensmith.

181 DECLARATIONS OF INTEREST

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should, normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

Councillor Mrs. C.A. Bailey, Councillor T.M. Cartwright, Councillor Mrs. V. Weston and Councillor S.D.T. Woodward, together with Mr. R. Boissier and Peggy Dorothy, all declared personal interests by reason of their being mooring or berth holders on the river.

In addition Councillor T.M. Cartwright declared a personal interest as a member of Warsash Sailing Club; and Peggy Dorothy declared a personal interest as Commodore of the Hamble River Sailing Club.

182 MINUTES

The Minutes of the meeting of the Management Committee held on 20 June, 2008 were confirmed as a correct record and signed by the Chairman.

183 CHAIRMAN'S COMMUNICATIONS

The Chairman welcomed Peggy Dorothy to her first meeting of the Committee as the representative of the Royal Yachting Association, and the Committee joined with him in expressing their thanks and appreciation to Don Alexander for his many years of service in that capacity. He further reported that Mr. S. Bourne had resigned as representative of the British Marine Federation, to be replaced by Mr. Jon Eads.

184 DEPUTATIONS

No deputations had been notified under Standing Order 21.

185 HARBOUR MASTER'S REPORT

The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book), together with an update which was circulated giving details of events and current issues in early October (Item 6(x) in the Minute Book).

Discussion on the report centred on the best way for patrols to cope with the many incidents of young people and youths misbehaving and jumping into the river, causing a danger to themselves and other users. During the course of debate Members suggested the following ways forward:

· Extend and develop links with Police Community Safety Officers.


· Investigate the possibility of the Harbour Authority funding a Police Community Safety Officer to deal with such problems.


· Pursue safety education with local schools as part of the citizenship part of the curriculum.


· Request colleagues in the Children's Services Department to impress on local schools the importance of water safety education and the dangers of playing in or near the river.


Members noted and endorsed the guidelines publicised and circulated by the Harbour Master for dealing with extreme behaviour from children and youths, and noted the various initiatives being taken with partners such as Hamble-le-Rice Parish Council. They felt that the Harbour Authority had done everything it could reasonably be expected to do in order to minimise the risks and challenges posed by young people to themselves, the patrols and other harbour users.

On Paragraph 19 of the report, the Committee expressed appreciation for the way in which the patrols had defused an altercation between two family groups on different boats, where alcohol had clearly been a contributory factor. They noted that the Railways and Transport Act, once in force, would create an offence of being drunk in charge of a boat and would therefore allow such incidents to be dealt with promptly, ideally with effective action from the police.

The Committee were pleased to see the cooperative way in which the Harbour Authority was working with marinas, boatyards and yacht clubs on responses to oil spills; and on the safety implications of refuelling boats from road tankers.

RESOLVED:


(i) That the contents of the Harbour Master's report and supplementary report (Items 6 and 6(x) be noted.


(ii) That the Director of Recreation and Heritage be asked to report to a future meeting of the Committee and the Board on the possibility of the Harbour Authority funding a Police Community Safety Officer, together with a note on what the costs, powers and duties of such an appointment might be.


(iii) That the Director of Recreation and Heritage be asked to pursue with colleagues in the Children's Services Department ways in which schools could be persuaded to include water safety education and the risks of playing near or jumping into the river, perhaps as part of the citizenship element of the curriculum.

186 ENVIRONMENT UPDATE

The Committee received and noted the report of the Director of Recreation and Heritage (Item 7 in the Minute Book). They expressed appreciation for the work carried out on protocols for maintenance dredging. Attention was also drawn to the proposals of ABP for dredging the main channel in Southampton Water, and its potential impact on the river. A copy of the presentation made to the Board would be forwarded to Members of the Management Committee to make them aware of the issues relevant to the river and its environment.

RESOLVED:

That the report on River Hamble environmental matters (Item 7) be noted.

187 CONSULTATION REPORT - SAFETY LADDERS

The Committee considered the report of the Director of Recreation and Heritage (Item 8 in the Minute Book) on the outcome of consultations relating to the possibility of safety ladders being fitted to private pontoons. The Harbour Master reported that the numbers of responses to the consultation had been modest, and drew attention to letters which he had received from Warsash Sailing Club and the River Hamble Mooring Holders Association.

In debating the issues raised by the consultation, Members felt that a potential risk had been identified and it was therefore up to the Harbour Authority, and in particular the Board, to make a proportionate response in order to reduce the risk to a level as low as reasonably practicable (ALARP). Most members felt that the Harbour Authority should not go further than advising private pontoon owners to fit safety ladders. Their view was that there would be legal implications for the Harbour Authority if they fitted safety ladders themselves, particularly in view of the safety and maintenance liabilities. They asked for the Board to be provided with a clear statement of its legal position before it took a final decision.

RESOLVED:

That the Management Committee offers the following advice to the River Hamble Harbour Board:-

(i) That mooring holders who own or are responsible for a private pontoon be made aware of the dangers and be advised by the Harbour Authority to consider fitting one safety ladder to their pontoon. The Harbour Authority to continue with an education and information project to inform and warn all harbour users of possible dangers.


(ii) That the Harbour Authority continue a safety initiative to promote personal safety on the water, with £2,000 to be set aside for the scheme for posters and leaflets. The initiative is aimed at all those taking part in leisure activities within the Harbour. The initiative's main aims are to promote awareness of the dangers of falling into the Harbour and to promote the need to have the correct safety equipment available and use it when appropriate. This applies especially to those using small low freeboard craft in the Harbour. It is recommended that those using such craft should:-


· Wear a life jacket or buoyancy aid.


· Wear the correct clothing or safety equipment.


· Be adequately clothed for the activity being pursued.


· Do not overload tenders.


· Aim to have buoyancy as an integral part of the small craft.


· Carry the recommended safety equipment in tenders, to include a bailer, light or torch and paddles or oars.


(iii) That the Committee is unable to recommend the Board to proceed with either of the options whereby the Harbour Authority would themselves be responsible for fitting or paying for the installation of safety ladders.

188 NAVIGATION CHANNEL IMPROVEMENTS

The Committee considered the report of the Director of Recreation and Heritage (Item 9 in the Minute Book) on the proposed allocation of funds to enable the replacement of Crableck and Swanwick Beacons and the realignment of moorings along this stretch of the river. The item had been deferred at the last meeting of the Board to enable a risk assessment to be prepared and also to enable the Management Committee to consider the implications.

The Harbour Master reported receipt of two letters, one objection from an individual mooring holder and one letter from the River Hamble Mooring Holders Association asking that the matter be deferred. The Committee agreed that the moorings in question were wrongly located, had an adverse impact on safety on the river and should be moved, with compensation arrangements to ensure that the mooring holders are not financially disadvantaged.

RESOLVED:

That the Committee advises the River Hamble Harbour Board to grant consent for the following funds to be allocated:

· £16,500 from the revenue reserve fund to enable the replacement of Crableck and Swanwick Beacons. Each wooden beacon to be replaced with metal piles, each with navigation light, starboard hand mark and a tidal gauge.


· £2,900 to realign the remaining three mooring sites and to purchase redundant tackle from the five displaced moorings.

189 BERTH AND MOORING HOLDERS REPRESENTATIVE - TERMS OF REFERENCE AND APPOINTMENT PROCESS

The Committee considered the report of the Director of Recreation and Heritage (Item 10 in the Minute Book) following the decision of the County Council to agree that the membership of the Management Committee should be increased to include a representative of the berth/mooring holders and an additional county councillor. In response to a letter from the River Hamble Mooring Holders Association, the Marine Director reported that the individual appointed would have voting rights and would be expected to represent the interests of berth and mooring holders. The person might be, but did not have to be, a representative of either of the local associations. The intention was to increase the membership of the Committee over and above that set out in the Harbour Revision Order, in order to make it more representative of river users. The Royal Yachting Association undertook to establish what role they might have in the process.

RESOLVED:

That the approval be given to the proposed terms of reference and appointment process for the selection of a berth and mooring holders representative to serve on the Committee, on the basis set out in Item 10 and the annex.

190 RIVER HAMBLE WORKS CONSENT POLICIES

The Committee considered the report of the Director of Recreation and Heritage (Item 11 in the Minute Book) on the proposed withdrawal of the policies following consultation with users. As there seemed to be little demand, and low levels of response to consultation, it was

RESOLVED:

That the Committee agrees to withdraw the proposed Harbour Authority Works Consent policies for the River Hamble, without passing them to the Harbour Board for consideration.

191 REVIEW OF STRATEGIC PLAN AND RIVER HAMBLE BUSINESS PLAN

The Committee considered the report of the Director of Recreation and Heritage (Item 12 in the Minute Book). The following suggestions were made as regards additions to the action plan.

· Investigation of possible funding of a Police Community Safety Officer to provide specific cover for the River Hamble (see Minute 185 above).


· Further investigation of any possible location where children, young people and youths could have access to the river in a safe way which did not impact adversely on other river users.


· The commercial marine/boatyard operators and British Marine Federation offered to contribute to the budget making process and to make their business and financial expertise available, in the interests of the wellbeing of the river and all its users.


RESOLVED:


That the Committee recommends the River Hamble Harbour Board to confirm that the current Strategic Plan remains fit for purpose, and that the Harbour Authority Business Plan for 2009/10 be approved, with the addition to Annex 1 of the possibility of funding a Police Community Safety Officer, and the possible identification of a suitable site for children and young people to access the river safely.

192 EXCLUSION OF THE PRESS AND PUBLIC

RESOLVED:

That the public be excluded from the meeting during the following item of business, as it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information within Paragraph 5 of Part I of Schedule 12A of the Local Government Act 1972, and further that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for reasons of legal professional privilege and the need for the Harbour Authority to obtain legal advice on the issues raised.

193 RESPONSE TO SECTION 31 OBJECTION BY WARSASH SAILING CLUB (EXEMPT)

The Committee considered the report of the Director of Recreation and Heritage on the preparation of the County Council's response to the objection. They also had before them a confidential annex setting out the response in full.

The process was for the response to be considered by the Board and, once agreed, for it to be forwarded to the Department of Transport.

RESOLVED:

That the Committee advises the River Hamble Harbour Authority to approve the terms of the County Council's response to the Section 31 objection by Warsash Sailing Club, as set out in exempt Annex A to the report.

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