Pleasure boats and hired pleasure vessels licence conditions

1. General licensing conditions

Pleasure boats/vessels must always be equipped and maintained to licensed standards at all times whilst operating for hire and an authorised officer of the Council shall be permitted to board the vessel at any reasonable time to inspect its condition and compliance with licensing requirements.
Pleasure boats/vessels must carry not more than the number of passengers stated on the licence.
Before the boat/vessel is used for the purpose of carrying passengers for hire, the name of the licensee and the words ‘licensed to carry’ together with the number of persons it is licensed to carry must be painted on the boat/vessel in letters and figures not less than one inch in height and three quarters of an inch in breadth on a conspicuous part of the boat/vessel.
At all times whilst operating under a Council Licence for the area of operation, the pleasure boat must be under the command of a person holding a Boatperson’s Licence. The Boatperson must not put the boat/vessel to sea unless weather conditions and forecast for the operating area and duration of voyage are favourable. For the purposes of this licence ‘favourable weather’ means wind, sea and visibility conditions which are deemed by the skipper to be safe for a small vessel to operate within the limits applied to it; or in any other case means conditions exiting throughout the journey in which the effects, whether individually or combined, of swell, height of waves, strength of wind and visibility cause no hazard to the safety of the vessel, including handling ability.
The licensee must ensure all pleasure boat trips have adequately trained first aiders in case of an emergency as defined within “Inland Waters Small Passenger Boat Code.
The licensee must report to the Council any accident which affects, or may affect, the structural integrity of the boat/vessel verbally within 72 hours and in writing within 7 days of the incident occurring. The boat/vessel must not be operated under its licence following such an accident until such time as an authorised agent of the Council has carried out a survey and confirmed that satisfactory repairs have been carried out. The Licensee shall bear the cost of each, and every inspection carried out by the authorised agent.
The licensee of the boat/vessel must maintain Public Liability Insurance which shall be in accordance with the requirements of the Merchant Shipping Act 1979 or any statutory amendment, modification or re-enactment thereof or any regulations or orders made thereunder and shall produce evidence of such insurance as a part of the application process and as and when requested by the Council. The Public Liability must not be less than £5m.
If any changes occur during the duration of the licence, in the ownership or particulars of the licensed boat/vessel, notice of the changes must be given within 7 days to Colchester City Council, Licensing Department, 33 Sheepen Road, Colchester, Essex, CO3 3WG Telephone: 01206 282222 or by emailing food.team@colchester.gov.uk.
The licence, or a copy, must be displayed in a conspicuous position on the boat/vessel.

2. Pleasure Boat Licence

3. Vessel classification and areas of operation

Every pleasure boat licence granted by the council with detail the class of vessel licensed and the relevant operating limits as set below. In addition, the person in command of the Pleasure Boat shall to be in possession of a current Boatman's Licence and will not use the boat unless the weather conditions are favourable.

The licence shall state the class of vessel and operating limits as follows:

Restricted – craft operating solely within the River Colne upstream of and including Alresford Creek.
De restricted – craft operating within the River Colne and seaward of Alresford Creek within an area no more than 3 miles from land and within 15 miles of the point of departure.

If you wish to operate in an area further than 3 miles from land or 15 miles from the point of departure, you will need to licence your boat with the Department of Transport.

4. Safety requirements for pleasure boats

Every pleasure boat shall carry the following equipment:

For each person onboard one DoT Approved Lifejacket or alternatively inflatable type lifejacket complying with the requirements of BS 3595 of 1981. Inflatable lifejackets should contain not less than 89 Newtons of inherent buoyancy for adult lifejackets. Each lifejacket is to be marked with the boat name or number.
QTY 2 life buoys attached to 18m lines.
First Aid Kit clearly marked and located.
QTY 6 Red distress flares. QTY 2 Approved Smoke Floats. All to be within the expiry date.
Marine VHF Transceiver and an additional portable broadcast receiver capable of receiving weather forecasts.
Compass of approved maritime standard.
Chart/Charts of operating areas.
Main anchor, appropriate to size of the vessel, complete with chain or rope, together with an emergency anchor.
Tow-line of appropriate size for the vessel.
Buoyant heaving line.
Boat hook.
Emergency steering bar or other means of control in event of main steering failure.
Tool kit to suit vessel’s machinery.
Bucket with lanyard.
2-gallon Foam or CO² Fire Extinguisher to be maintained according to maintenance instructions, in a number appropriate to size of the vessel.
Radar reflector mounted as high as possible.
Water-resistant torch.
Navigation lights and sound signals in accordance with the Merchant Shipping (Distress Signals and Prevention of Collision) Regulations 1989.
A means of pumping bilges, by hand at a rate of 15 gallons per minute.
An engine spares kit comprising pump impeller and gasket, spare elements for each fuel filter, spare drive belts and appropriate hose clips.

5. Boatman's Licence

To operate a pleasure boat licensed by the Council, you must have a Boatman’s Licence and be at least 18 years of age.

The Council will require an applicant for a Boatman’s Licence to have obtained one of the following qualifications.

MCA Boats master’s Licence for a passenger vessel grade 2.
RYA Coastal or Day skipper with 12 month’s relevant experience.
RYA Powerboat level 2 with 12 month’s experience. In order to be satisfied that a person is medically fit to operate a vessel, the Council will require applicants to undergo a medical examination with a registered GP.

The examinations will be required at the following intervals.

On initial application
Every five years until age 65
Annually after age 65

Where an applicant can produce current documentary evidence of medical fitness, e.g. Seafarer’s Medical Certificate (ENG1) or MCA Medical Certificate (ML5), the Council may, at its discretion, exempt the applicant from the requirement to undertake a medical examination.

6. Hired pleasure vessels

Kayaks

No canoes (kayaks) hereby licensed shall be hired to a person or persons under the age of 12 years, unaccompanied or unsupervised by an adult, unless they hold a current suitable qualification or have relevant experience as assessed by the hirer.
The maximum number of persons to be carried on any kayak shall not exceed the number permitted. This maximum number shall be prominently displayed at the point of hire. In addition, an identification number in accordance with that specified by the local authority shall also be displayed on the kayak. 3. Every canoe (kayak) hereby licensed shall be fitted with built-in buoyancy section or alternative means of buoyancy.

Sailing dinghies

No sailing dinghies hereby licensed shall be hired to a person or persons under the age of 16 years unless they hold a current suitable sailing qualification or have relevant experience as assessed by the hirer.
The maximum number of persons to be carried on any sailing dinghy shall not exceed the number permitted. This maximum number shall be prominently displayed on or in the sailing dinghy. In addition, an identification number in accordance with that specified by the local authority shall also be displayed on the sailing dinghy.
Every sailing dinghy hereby licensed will at all times carry one bailer or bucket capable of displacing at least 1.2 litres of water, unless the craft is designed so as not to require one.
Every sailing dinghy hereby licensed shall be buoyant to the satisfaction of the Local Authority’s Boat Inspector.

Rowing boats and rowing dinghies (including open canoes)

The maximum number of permitted persons to be carried on any vessel shall not be exceeded. This maximum number shall be prominently displayed on or in the boat. In addition, the name of the licence holder, an emergency contact number and an identification number in accordance with that specified by the Local Authority shall also be displayed on the boat.
The pleasure boat or vessel covered by this licence shall not be hired to any person or persons under the age of 16 years unless they have suitable experience as assessed by the hirer.
Every pleasure boat hereby licensed shall carry the following equipment:
1. Either one lifebuoy of a type complying with the relevant European standard and of a size not less than 610 millimetres in diameter (except open canoes) or a suitable buoyancy aid.
2. One bailer or bucket capable of displacing at least 1.2 litres of water unless the boat is designed such that this is not needed.
3. Two metres of rope secured to the bow of the boat.
Every boat hereby licensed shall be fitted with oars with rowlocks of the 'pin' type or alternatively with oars of a type capable of being secured to the boat or vessel by some other means to the satisfaction of the Council's Boat Inspector (except open canoes).
A plaque of at least 300 mm in width by 75 mm in depth shall be affixed in a prominent position in every pleasure boat covered by this licence bearing the following wording in black or red letters on a white background: "WARNING - STANDING UP WILL AFFECT THE STABILITY OF THE BOAT" or similar wording that conveys the same message or intended meaning and an understanding of the safety briefing.

Boat hirers

Handover procedures are essential to ensure sufficient information and instruction are provided to the person/s controlling the boat to ensure they safely undertake the trip. It is therefore required the hire operator gives control of the boat to the hirer a systematic and documented handover procedure, appropriate to the type of boat and its area of operation, is followed. This will cover topics which include:
1. Equipment
  - Gas and electric appliances, and sanitary facilities
2. Using the boat
  - Steering, stopping and mooring
  - Awareness of navigation hazards (e.g. tidal flows, commercial traffic)
  - Speeds limits
  - Restrictions to navigation notified by navigation or harbour authorities, or the MCA.
3. Safety Equipment
  - Life jackets
  - Lifebuoys, throwlines etc.
4. Briefing material
  The handover should be supported by briefing material (a “Boat Manual”) left in the boat which provides full information on:
  - Personal safety
  - Safe use of appliances fitted in the vessel
  - Safety on the move
  - Safety equipment and its use
  - Navigation rules, including speed limits, speed, giving way, etc
  - Mooring (where and how)
  - Dealing with fouled propellers, going aground, etc
  - Navigation features and hazards such as currents, low tide etc
  - Detailed reference information on how the boat works
  - Contact information including for emergencies
5. Communications
  - Using the contact material in the boat manual
6. Dealing with emergencies
  - Man overboard
  - Breakdown
  - Use of fire extinguishers/blankets
  - Emergency contact details
  - Recording and reporting
It is essential that the briefing is done by a competent and experienced member of the hire operator’s staff who can deal confidently with any questions the hiring party may have.
During or at the completion of the handover briefing, the hire operators must decide whether the hirer and his/her party are sufficiently competent to be allowed to take the boat out.
Reasons for not doing so include: If the decision is made not to permit the boat to go out, this should be recorded in the handover documentation. Throughout the handover process, the person giving the instruction should take account of any qualification or previous experience professed by the skippers, however, this should only be recognised as an opportunity to accelerate the briefing, not dispense with it.
At the conclusion of the hire period the hirer should have the opportunity, where practicable, to report back to the hire operator on any problems or incidents that occurred. Hire operators must be aware of the statutory duty to report certain types of accidents involving the use of hire craft to the Marine Accident Investigation Branch.
The handover process is an essential element of delivering a safe boat trip to the hirer. It is important that an audit trail of its delivery is maintained. This will include:
- the inability of the skipper(s) to demonstrate adequate control
- perceived impairment through drink or drugs
- inadequate resources available to the party to control children safely or supervise persons with special needs
- Booking terms and conditions
- Booking confirmation
- Customer log sheet. The record of when the hirer and his party arrived and departed, party member names, delivery of handover.
- Boat acceptance form. A record of the handover and the hirers’ and skippers’ written acceptance of it.
- Accident/incident reports and records of any other customer feedback.

Page last reviewed: 6 July 2021