The Yarmouth (Isle of Wight) Harbour Revision Order 2011

Moorings provided by others

15.—(1) The Commissioners may from time to time grant a licence to any person owning an appropriate interest in land within the harbour limits to place, lay down, maintain, renew and use moorings, buoys and similar apparatus for vessels in the harbour.

(2) A licence under this article—

(a) may be granted for such a period and on such reasonable terms and conditions as the Commissioners think fit;

(b) may relate to one or more moorings; and

(c) may permit or restrict the sub-letting of those moorings.

(3) The Commissioners shall give notice to the applicant of their decision whether to grant a licence.

(4) If within three months from the date of the making of an application for a licence under this article the Commissioners do not give notice under paragraph (3), they shall be deemed to have refused the application.

(5) The Commissioners may charge a reasonable fee for the grant of a licence under this article and such fee may represent an amount to be paid instead of the harbour dues that would otherwise be payable in respect of the vessels using the moorings in question.

(6) Nothing in any licence granted under this article shall entitle any person to place, lay down, maintain, renew, use or have any mooring on land not owned or leased by that person or by the Commissioners or in which that person has no appropriate interest.

(7) The Commissioners shall have the right to refuse a licence to any person who is unable to establish ownership of an appropriate interest in land.

(8) The Commissioners shall not, when exercising their powers under this article, unreasonably refuse to grant a licence to any person.

(9) Any question of whether a licence has or has not been unreasonably refused, or as to the reasonableness of the terms and conditions of a licence, shall be determined by the Secretary of State on appeal made in accordance with article 26.