Arrangements for ‘loan’ moorings
Principles of operation:
The Mooring Licence Conditions do not include any references to this type of arrangement and so the details are summarised below.
Licensees with unused Licence class A moorings may ask the Company to allocate their mooring as a loan mooring or the Company may ask Licensees with unused moorings if they can be allocated as a loan mooring.
The moorings which are on loan from the A licensee will be called loan moorings and will be allocated with the licence conditions of a Standard Licence to a temporary licensee.
Allocation and rights:
The Company manages the arrangement with the A Licensee and allocates the mooring to a waiting list applicant with the best efforts by trying to balance the requirements of those people on the waiting list but being aware that there is limited security of tenure. The allocation of the loan moorings will usually, but not necessarily, be in the order of application on the waiting list.
The waiting list applicant will retain their position on the waiting list, even when allocated a loan mooring.
The Standard Licence rules regarding the boat going on the mooring being within 3 feet of the authorised length may not be enforced or applied, however it is important that the best use of the mooring is made and allocated based the individual requirements of people wanting a mooring at the time it becomes available.
The waiting list allocation rules regarding priority being given to people with no moorings and the requirement to hand back a mooring to have first priority may not necessarily be applied.
The rules applying to loan moorings will be similar to Standard licences in their requirements for being used for minimum of 10 weeks per year, by the licence holder for their own boat and not being allowed to be sublet.
Both the A licensee and temporary licensee will receive a licence annually showing the end date of the currently agreed loan.
The A licensee will continue to receive newsletters and rights to vote in an election. The temporary licensee will receive the newsletter but cannot vote in an election.
Arrangement with the A licensee:
The A licensee retains their rights to the mooring but do not pay the licence fees for the time it is used by a temporary licensee. They do not receive any payments for the mooring use, income from the mooring or payments for tackle.
There is no duty for the Company to accept a loan mooring for allocation and in any event will only accept the arrangement if a temporary licensee can be found.
The arrangement with the A licensee only lasts so long as the temporary licensee is prepared to continue with the arrangement unless another user can be found.
The A licensee must agree to a minimum number of years for the arrangement. Ideally this would be a minimum of 3 years.
The temporary licensee would arrange for servicing and the table below shows the maximum figure in £ they would have to pay for the first servicing or renovation of the mooring; the A licensee would have to accept they would pay any servicing and renovation costs in excess of the figures below when they hand over the mooring on loan. The company would act as a go-between in this situation.
After the first service the temporary licensee is responsible for the full costs of servicing.
Maximum amount payable (£) by temporary licensee for first service, the A licensee pays any costs over this:
Mooring length in feet
|5||Full amount||Full amount||Full amount|
Usually there is no need for contact between the A licensee and the temporary licensee as all communications are managed through the Company.
The arrangement will be agreed formally in writing with the A licensee and a review date of the October of the licence year the arrangement is due to end will be set to ask if the arrangement can continue.
Should the mooring be returned to the company during the loan, either being handed back by the A licensee or by their death, it will become a Standard licence. The temporary licensee would have the use of it until the end of the current loan period and then it would be formally allocated as a Standard licence, which may or may not be to the temporary licensee.
Arrangement with the temporary licensee:
The mooring will be registered to the temporary licensee for the duration of the loan who will be responsible for payment of the licence fees, servicing and condition of the mooring during the loan until it is handed back to the A licensee. A one-off administration fee of £75 may be charged.
For the first service the cost of the service may be shared with the A licensee depending on the length of loan, see table above.
No charges or payments for tackle are made or received by the Company and the temporary licensee gets no refund of expenditure on servicing or replacement of chain, stones etc. at the end of the loan period and the tackle belongs to the A licensee.
The Mooring Licence Conditions apply to temporary licensees, and if not already a licensee, they will receive a copy when accepting the mooring and must confirm they have sufficient third party insurance in place. A licence application form and licence will be issued in the normal way and denote that the mooring is a Standard licence loan mooring with the end date recorded on the licence.
The temporary licensee must agree to the rules regarding minimum 10 weeks of usage, for their own boat only and no subletting.
The arrangement will be agreed formally in writing with the temporary licensee including the duration and review date.