Pleasure boatman licence toolkit

Do I need a licence with North Devon Council?

If you wish to be in charge of or navigate a pleasure boat or pleasure vessel carrying passengers for hire, you must obtain an appropriate licence from either the Maritime and Coastguard Agency (MCA) or North Devon Council.

North Devon Council has powers under Section 94 of the Public Health Acts Amendment Act 1907 (as amended) to licence pleasure boatmen who wish to navigate or assist in the navigation of a pleasure boat or pleasure vessel within the North Devon area.

Licences may be issued to those persons in charge of vessels let for hire or used for carrying passengers for hire which carry no more than 12 passengers, are under 24 meters in load line length, and do not operate outside of categorised waters (i.e. waters not regarded as ‘sea’).

Categories of water

Category A: Narrow rivers and canals where the depth of water is generally less than 1.5 metres.

Category B: Wider rivers and canals where the depth of water is generally more than 1.5 metres and where the significant wave height could not be expected to exceed 0.6 metres at any time.

Category C: Tidal rivers and estuaries and large, deep lakes and lochs where the significant wave height could not be expected to exceed 1.2 metres at any time.

In North Devon (Rivers Taw and Torridge) category C water is within a line bearing 200° from the lighthouse on Crow Point to the shore at Skern Point. Any pleasure boat operators who wish to go outside this line are advised to contact the Maritime and Coastguard Agency (MCA), or refer to the Directgov website .

Exemption

Licences will not be required for boatmen in charge of or navigating pleasure boats and pleasure vessels on an inland waterway owned or managed by the British Waterways Board.

The application process

Applicants must complete and submit an application form either in writing or by electronic means (and provide to the authority two passport photographs, or have a digital photograph taken at the Civic Centre Customer Service Centre.

Applicants must be over 18 years of age and may be required to produce their birth certificate, or passport in order to prove their age.

Competency testing

Applicants must be qualified by reason of experience in the navigation of seagoing or other boats or vessels to handle the boat or vessel competently and to the satisfaction of the Licensing Authority. On receipt of a completed application form North Devon Council will contact an applicant within 7 working days to arrange a convenient time and date for the applicant to complete a competency test (pdf 21 kB) . Competency testing is undertaken in line with a set testing framework. If you have not heard from us in this time please check to ensure your application has been correctly made and received.

Applicants must pass the competency test and will be issued with a Certificate of Competence by the relevant examiner.

An exemption from undertaking and passing the above competence test is available for those individuals holding one of the following certificates:

Safety management system

Applicants should provide as part of their application a documented Safety Management System, formulated in line with those criteria outlined in the licence conditions (pdf 26 kB).

Medical certification

Applicants must submit a medical certificate undertaken within the previous 6 months (cost to be borne by applicant). A MCA Certificate of Medical Fitness ML5 (pdf 688 kB) is the minimum standard.

This certification is valid for a period of 5 years. The Seafarer Medical Certificate (ENG1) is an example of a higher level of certification deemed acceptable.

Further medical examinations are required on licence renewal until the applicant reaches his 65th birthday and then annually thereafter.

First aid certification

Applicants must submit one of the following first aid certificates (cost to be borne by applicant). First Aid Certificates are valid for 5 years from the date of issue. Refresher training is recommended after 3 years, otherwise it may be necessary to retake a full course:

We endeavour to process all licences within a period of 28 days however if we fail to determine your application in this period it will not be deemed to have been automatically granted due to health and safety implications.

How long will my licence last?

Licences are issued for a period of five years in line with the period in which a MCA Certificate of Medical Fitness ML5 is deemed valid. This period also fits with the length of time a first aid certificate is deemed valid, however applicants should note that undertaking regular refresher training may remove the necessity for an applicant to undertake the full course.

Licence restrictions and conditions

North Devon Council in exercising this function are guided by the South West Regional Standing Committee on Safety of Small Craft and their Recommendations and Regulations Affecting the Licensing and Operation of Small Craft. This document aims to provide uniformity in the control and regulation of craft.

In addition the Council is also guided by the Inland Waters Small Passenger Boat Code (pdf 407 kB) produced by the Maritime and Coastguard Agency and the Association of Inland Navigation Authorities. It is suggested that applicants utilise this document for any additional guidance they may need.

North Devon Council issue a pleasure boatman’s licence subject to various conditions (pdf 26 kB) This document highlights a number of standard conditions likely to be imposed, but this does not form an inclusive list and other conditions may feature dependent on individual circumstances of operation.

Suspension or revocation of a licence

Licences may be suspended or revoked by North Devon Council if they deem such suspension or revocation to be necessary or desirable in the interests of the public.

Right of appeal

Any person deeming himself aggrieved by the withholding, suspension, or revocation of any licence under the provisions of this section may appeal to a petty sessional court held after the expiration of two clear days after such withholding, suspension, or revocation: Provided that the person so aggrieved shall give twenty-four hours’ written notice of such appeal, and the ground thereof, to the justices’ chief executive for the court], and the court shall have power to make such order as they see fit and to award costs, such costs to be recoverable summarily as a civil debt.

Offences and penalties

Persons who act in contraction of the provisions of section 94 of the Public Health Acts Amendment Act 1907 will be liable to an offence of Level 3 on the standard scale (currently £1,000).

Fee

A completed application must be submitted with a fee of £162.36 (renewal £59.70). Additionally, the cost of gaining medical certification, and first aid certification must be borne by the applicant.

Application forms

Boatman Licence Application (word 122 kB)

Boatman Licence Application (pdf 33 kB)

Contact details

Registration forms should be sent to The Licensing Team, Environmental Health and Housing, North Devon Council, Civic Centre, North Walk, Barnstaple, Devon, EX31 1EA or can be handed in at the Civic Centre Customer Service Centre or one of our area offices in Ilfracombe and South Molton.

In case of query, please telephone the Customer Service Centre on 01271 388870 and ask for the Licensing Team.

E-mail: licensing@northdevon.gov.uk

Complaints

If you wish to submit a complaint with regard a licensed pleasure boat or a boat that you believe is operating without a licence and which should have one please contact us.

If you feel we have failed to provide you with good service or are concerned about the progress of your application, please telephone the Customer Service Centre. The Licensing Team will endeavour to resolve any concerns you may have.

The Council also has a formal complaints procedure.

Public register

The Pleasure Boatman Register contains details of those boatmen licensed with North Devon Council.

Further information

Your attention is drawn to The  Safety of Small Vessels in Commercial use for Sport or Pleasure Operating From a Nominated Departure point (the Red Code) This code of practice covers the construction , machinery, equipment, stability, operation, manning, examination, certification and maintenance of vessels of up to 24 metres load line length which are in commercial use for sport or pleasure and carry no more than 12 passengers and  do not carry cargo, and operate only in favourable weather and daylight from a nominated departure point.

Further information may be gained from:

The Marine and Coastguard Agency (MCA)

The Association of Inland Navigation Authorities Codes and Guidance (AINA)

British Waterways

Legislation affecting small boats which you may wish to examine, and which is available through Her Majesty’s Stationary Office, includes:

Trade organisations

Royal Yachting Association (RYA)

British Canoe Union (BCU)

Adventure Activities Licensing Authority (AALA)

Contact information

To contact the Customer Service Centre:

Telephone: 01271 388870
For Typetalk: precede with 18001
Text: 07624 804042
Fax: 01271 388451
Email: customerservices@northdevon.gov.uk
Web form: send us a web enquiry
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Our office hours are 9.00 am to 5.00 pm Monday to Friday.

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