Archived decisions

AT A MEETING of the RIVER HAMBLE HARBOUR MANAGEMENT COMMITTEE held at the Royal Southern Yacht Club, Hamble on 3 April, 2009

PRESENT

Hampshire County Council

Chairman:

p Councillor Sean D. T. Woodward

Councillors:

Eastleigh Borough Council

Fareham Borough Council

Winchester City Council

Royal Yachting Association

Association of Hamble River Yacht Clubs

British Marine Federation

Hamble River Boatyard and Marine Operators Association

Berth and Mooring Holders Representative

Also present:

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

205 APOLOGIES FOR ABSENCE

It was reported that apologies for absence had been received from
Councillor A. D.G. Evans, Mr R. Bossier (Hamble River Boatyard and Marina Operators Association, HRBMOA), Mr J. Eads (British Marine Federation, BMF),
Mr T. Clatworthy (Harbour Master), Mr R. Blair (Deputy Harbour Master, Associated British Ports (ABP), Southampton), Mr P Holliday (ABP),
Mrs A. Fowler (Assistant Harbour Master) and Mr J. Tickle (Hampshire County Council (HCC), Recreation & Heritage).

206 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
Mrs P. Dorothy, Mr. P. Middleton and Mr. D. Jobson, 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; Mr. Middleton declared a personal interest as a member of the RAF Yacht Club; Mrs. Dorothy declared a personal interest as Commodore of the Hamble River Sailing Club, Mr N. Kimish declared a personal interest as a Director of RK Marine Ltd. Mr M. Glanville declared a personal interest as an employee of Marina Developments Ltd.

207 MINUTES

The Minutes of the meeting of the Management Committee held on
9 January 2009 were confirmed as a correct record and signed by the Chairman.

208 CHAIRMAN'S ANNOUNCEMENTS

The Chairman thanked those members of the Committee who had been able to attend the recent meeting of the Annual Forum. He also reported receipt of a letter from Mr Middleton on the subject of car parking, which he advised the Committee was a matter that he would be calling for a report on, at the next meeting in June.

209 DEPUTATIONS

There were no deputations in accordance with Standing Order 21.

210 HARBOUR MASTER'S REPORT

The Committee considered the report of the Director of Recreation and Heritage (Item 6 in the Minute Book), noting the various incidents that had been logged.
In addition, The Marine Director reported that one of the Patrol Officers
(Richard Lawton) had found a new job that better suited his home and family circumstances. The Marine Director felt that efforts to recruit a potential replacement were more likely to be successful a little later in the season.

In response to questions relating to paragraph 3.4 of the report, relating to a `parted undersized bow-line on yacht on pile mooring,' the Marine Director advised that users of the River Hamble were not given specific recommendations relating to the appropriate dimensions and materials to be used to moor their vessels. When incidents were reported to him, however, the Harbour Master would contact the owners of the vessels concerned to provide advice and guidance as required.

RESOLVED:

That the contents of the Harbour Master's report be noted.

211 MARINE DIRECTOR'S CURRENT ISSUES

The Committee considered the report of the Director of Recreation and Heritage (Item 7 in the Minute Book) and the following observations were made.

· The Marine Director advised that through his membership of the British Ports Association Municipal Ports Group, he was happy that the Harbour Authority had made significant progress in respect of the issues outlined in the 2006 Municipal Ports Review and that the actions already taken by the Committee compared favourably with many other ports and harbours.

· In respect of Warsash Sailing Club's objection under section 31 of the Harbour Act 1964, the Marine Director advised that a formal
`Request for Direction' had been submitted to the Department for Transport (DfT). A formal response was awaited although the Marine Director understood that the DfT itself was also taking legal advice to clarify the position.

· The Marine Director indicated that he would welcome the Committee's observations in respect of the Department for Transport's consultation on exceptions from alcohol limits for non-professional mariners (a first draft of a possible response having been attached as Annex A to the report). The Chairman reminded the Committee that the Royal Yachting Association (RYA) had submitted its initial observations and that these had been circulated via an e-mail from Mrs Dorothy prior to the meeting.

Committee members endorsed the view that any mariner who was controlling a vessel, whatever its form or size, should not take to the water while impaired and under the influence of alcohol. They questioned, however, whether there was compelling evidence of the need for legislation to be introduced to address any perceived problem. Committee members also expressed their reservations over the potential means of enforcement for the proposed legislation, expressing concern for the safety of staff who might need to approach vessels, suspected of being piloted by someone under the influence of alcohol, on their own.

The Committee noted that a River Hamble bye-law was already in existence which stated that " A person shall not navigate any vessel in the River whilst under the influence of drink or drugs to such an extent as to be incapable of taking proper control of the vessel." Appropriate publicity being given to this
bye-law could clearly have a deterrent value. Committee members sought clarification as to the Police's formal view on the consultation document, which was something which the Marine Director stated that he was not yet aware of. Committee members also indicated that they felt that there was insufficient detail on the practicalities of exempting, enforcement and management to be able to take a definitive view at this time.

The Marine Director confirmed that the CCTV system was now fully operational and that its benefits included improved river management, security, a deterrent effect on speeding and that it also helped in terms of mooring fee enforcement. The picture quality was exceptional (during daylight hours) and the system had proved itself to be extremely reliable. Having established the network upon which the system operated, the possibility of expanding the number of cameras was something that the Committee may wish to consider at a later date.

RESOLVED:

(i) That the Harbour Board be advised of the Committee's support for the proposed response to the Department for Transport's consultation on exemption from alcohol limits for non-professional mariners as outlined in Annex A (expanded appropriately to cover the points mentioned above) and;

(ii) That the Committee notes the points otherwise covered in the report.

211 MANAGEMENT OF HARBOUR AUTHORITY PATROL BOATS

The Committee considered the report of the Director of Recreation and Heritage (Item 8 in the Minute Book).

The Marine Director reminded Committee members that the Harbour Authority currently owned two Cheetah catamaran patrol boats. Both were showing minor signs of age but were still fully functional. An early decision to either refit or replace them would, however, be welcome. The Marine Director hoped that should a refit be the Committee's preferred option, it might be possible to make enhancements to each boat so as to broaden the range of tasks that each could undertake. Each boat would be out of action for approximately two weeks, should the option to refurbish be agreed.

Committee members understood the preference for an early decision regarding the future of the boats but felt that further investigation relating to the costs and benefits of buying one new replacement boat now, while refurbishing the other, would assist their deliberations. They also felt that hearing the views of staff would be beneficial, as well as Committee members having a longer period of time to consider the range of options available. To that end, the Committee

RESOLVED:

(i) That this item be deferred for further consultation to allow Committee members an opportunity to consult with the Marine Director, for them to be able to consider the full range of options that might be open (including the cost benefits), and for the Marine Director to also have a chance to formally canvass the views of staff;

(ii) That the Marine Director be requested to submit a further report to the next meeting of the River Hamble Harbour Management Committee in June.

212 ITEMS FOR NEXT MEETING

The Chairman advised that the agenda for the next meeting in June would include at least the following items of business:-

· Car parking

· Options for refurbishment or replacement of the Harbour Authority Patrol Boats

· The 3 yearly exemption review on canoes and rowing boats

· Final accounts.

In response to questions, the Chairman also asked members of the Committee to contact him in advance of a meeting if they felt that the agenda did not allow them to raise matters that might otherwise fall within the term `any other business.' If they did so, he could potentially address the issues that had been brought to his attention under the formal `Chairman's announcements' item.

In respect of the issue of car parking, the Marine Director asked the Committee to note that while it was potentially a matter of interest to the Committee, car parking in respect of vehicles owned by potential users of the River Hamble did not fall strictly within the Committee's formal terms of reference. While the Committee may wish to pass on its observations, the Marine Director advised that this matter was technically the responsibility of the two relevant district councils (Fareham and Eastleigh Borough Councils respectively). He also asked the Committee to bear in mind his own knowledge limitations in respect of highways and parking in terms of any report that would be prepared.