Boat Licence Changes 2011 Consultation
Response to British Waterways Consultation Document, “Boat Licence Changes 2011”
The Residential Boat Owners’ Association (RBOA) appreciates the fact that this organisation was given the opportunity to comment on the first draft of this document. This response is made following consideration of the latest Consultation Document, which takes account of some of the points we raised previously. We wish to make the following the current rule and the proposed rule is useful.
3 and 6 month licences:
RBOA believes that the proposal to revert to the 60% and 85% ratios from April 2011 is out of proportion to the 12 months licence. RBOA recommends a smaller increase in the licence fee, and a larger penalty for late payment.
Prompt and late payment arrangements:
Although the text immediately before the table refers to it as “the example of a boat …” it is felt that this needs to be given greater prominence, as it is not necessarily immediately clear that the table is just one example. A number of our members interpreted it as meaning that a licence could only run from 1st April to 31st March.
The statement that “The main effect of this change will be a reduction in workload for the enforcement team …” is to be commended.
Changes to licence terms and conditions:
C1 – 1.2 “Boat length” means the length overall of the Boat including, as reasonably required to be used when the boat is moored or underway, fixed fenders, bowsprits, …” RBOA recommends that the term “permanently fixed fenders” should be used instead of “fenders”. This would eliminate the discussions which abound on what constitutes a fixed fender. Many owners, particularly of full length craft, have to lift their stern fenders to pass through some narrow lock (Autherley Stop Lock is one example). If their fenders were “permanently fixed” (such as is the case with a large number of hire craft), they would not be able to do this.
C3 – 2.1 RBOA recommends changing the final sentence to read “Daily overstaying charges may be applied for staying longer than the maximum time allowed, as per local signage.” It is felt that using the term “Daily Charges” might lead boaters to believe that it is acceptable to stay for an undefined period, as long as the daily charge is paid.
C6 – 6.1 Recommend changing the first sentence to: “The price of the licence is revised each year, to be effective from 1st April, and published in advance …”
C10 – Houseboat Certificate – England & Wales
RBOA is concerned that no provision appears to have been made for anyone owning a (static) houseboat, which is on a non-BW mooring
Whilst RBOA understands that BW is changing the rules, following on from legal advice, subsequent to an Ombudsman ruling, the Association believes that it will cause confusion to have more than one “official” definition of what constitutes a houseboat.
HMRC Definition:
Caravans and houseboats
HMRC Reference:Notice 701/20 (February 2004)
7.1 What is a houseboat?
A houseboat is defined for the purposes of VAT as being a floating decked structure:
* which is designed or adapted for use solely as a place of permanent habitation; and
* which does not have the means of, and which is not capable of being readily adapted for, self-propulsion.
It is RBOA’s view that the value of the mooring and of the boat should be considered as two separate items when a vessel is offered for sale. RBOA wishes to avoid the situation where the asking price of a boat for sale is artificially inflated to include “key money”.
Beryl McDowall
General Secretary,
On behalf of Residential Boat Owners’ Association
Response to British Waterways Consultation Document, “Reforming Business Boat Licensing”, December 2011”
The Residential Boat Owners’ Association (RBOA) appreciates the fact that current holders of Business Licences of all types were given the opportunity to meet with British Waterways to discuss the issues involved, prior to the publication of this Consultation Document. This response is made following consideration of this document. Most of the points made in our response refer to the various uses of boats for trading purposes, an area which involves a number of our members, rather than to the use of boats as hire craft. We wish to make the following points:.
p. 1 - Introductory Text in Box:
2nd. Sentence states “By ‘trading’ we mean the operation of a vessel for any purpose other than personal private use1 by the boat’s licence holder as defined in BW’s Boat Licence Terms and Conditions. It may also be of interest to others.” The “use”, under your proposed revision, would include ‘tele-working’ and any other business activity which is totally independent of the waterway.” This is a crucial change for many of our members, but it is only found as a footnote. RBOA requests that the text of this footnote is embedded in the first paragraph, where it will have greater prominence. We would also suggest that the last sentence of the first paragraph be amended to read “The boat may also be of interest to others.”
The proposed change in the definition of Private use "includes tele-working and any other business activity which is totally independent of the waterway". The current Standard Licence reads “Standard Boat Licences are for boats kept solely for personal use by the licence holder, friends and family. The Licence does not permit you to operate or offer the boat for hire, for carrying goods or passengers for payment or for any other commercial purpose.” This would therefore need to be amended, if the proposal is carried through.
RBOA appreciates that it is virtually impossible to police what people do within the confines of their boat, such as running an office, mystery shopping, etc., leading to the proposed change. The reality of the proposal is that those who trade from their boats (offering craft items, fenders, etc. for sale to passing boaters) are actually being penalised for carrying out an operation which will attract visitors to the waterway. We have concerns that many of those in this trading group sell items mainly to fund the hobby itself (e.g. canal painting. waterways paintings, etc), and would not feel that their income would sustain the proposed increased costs.
p. 3 - Location element:
Whilst we appreciate that there is a demand from high-volume traders to have regular moorings available at honeypot sites, there is a strong feeling amongst some boaters that this could deny them the right to moor in such places, and could end up with visitor moorings remaining unused for considerable lengths of time. RBOA recommends that if dedicated moorings are created, these should initially, at least, be for Type A only. It is probably only high-volume traders who will be likely to be able to afford to pay for such moorings.
p. 4 - Examples:
All the examples refer to “prompt rate’. Surely this should now be “early rate”.
p.8 - 4.3
You state that “ Where business are located on a river that suffers from such significant tidal or flooding impact that trading in the winter months is impossible, we will issue an operator agreement for seven months at a reduced fee.” Who will determine, and how, what constitutes “significant tidal or flooding impact”? Will it be when a navigation is closed to boating traffic, when the water spreads onto the flood plain, or some other criterion?
Beryl McDowall
General Secretary,
On behalf of Residential Boat Owners’ Association
Response from the Residential Boat Owners’ Association (RBOA) to the Defra “Statement for Waste Water: A framework document for planning decisions on nationally significant waste water infrastructure.”
Whilst the Residential Boat Owners’ Association (RBOA) does not feel that it is appropriate for it to become involved with the minutiae of this document, the Association would like to comment on one or two of the wider issues contained in it.
1.4.3 RBOA commends any action to improve water quality.
1.4.4 refers to possible “damage or loss to heritage assets or their setting. Heritage assets are a finite and irreplaceable resource; however, in some cases mitigation will be possible through amending a project design to avoid, incorporate or relocate a heritage asset.” RBOA is concerned at the possible loss of heritage assets or settings, and would urge that any such losses should be kept to an absolute minimum.
2.3.2 RBOA has concerns on the wider impact of works on rivers and flood plains. We are concerned about the possible impact of any major increase in water outfall from any new or updated plant. Apart from the obvious impact of flooding on the homes of land dwellers, flood conditions make it impossible for craft to navigate.
2.4.2 The RBOA supports any move to “Reduce demand for waste water infrastructure - reduce domestic and industrial water pollution.” RBOA encourages its members to live a low impact life-style. Indeed, the possibility of being able to do this actually draws some people to adopt a life-style which involves living on a boat. Your document refers to the fact that the average person in this country, based on Waterwise data, 2006, uses 150 litres per person per day. Whilst it is appreciated that average water consumption may vary considerably from one household to another, those living on boats are very aware of the amount of water they use. A boat has a finite storage capacity for water, so the more water is used, the more frequently the on-board water storage tank needs refilling. Many boaters use as little as 40 l/p/d, and some even less than that. This usage can include use of a shower, washing machine, etc. RBOA supports any measures to educate the public on this issue, and to encourage demand reduction in a variety of ways.
2.4.3 With regard to the products (e.g. domestic laundry cleaning products) which are used in homes, be they on land or water, RBOA supports any move to reduce pollution from such products. The Association is pro-active in encouraging its members to use environmentally friendly products for washing, cleaning , etc. We endeavour to keep our members informed of new low-impact products, with their obvious benefits to our environment. RBOA urges the Government to continue working towards reducing pollution from cleaning products, possibly by the introduction of a levy on the manufacturers of products which cause most pollution.
6.8 RBOA has concerns over the statement “Given the likely locations of waste water infrastructure projects there may be particular effects on open space including green infrastructure.” It is stated in a footnote that “open space should be taken to mean all open space of public value, including not just land, but also areas of water such as rivers, canals, lakes and reservoirs which offer important opportunities for sport and recreation and also act as a visual amenity.” This Association notes that the Government acknowledges the benefits of open space to the people of this country (6.8.2), and would encourage planners to avoid such areas whenever possible when investigating sites for new waste water treatment works. Our waterways, both rivers and canals, offer a marvellous opportunity for our population to enjoy a cost-free environment for their exercise and well-being, and we hope this would not be compromised by any new development.
Beryl McDowall
General Secretary, on behalf of the Residential Boat Owners’ Association. 21.02.2011