“Premises” means all the land, adjacent water and buildings occupied by or under the control of the Harbour Authority, including docks, slipways, pontoons, jetties, quays, piers, mudberths, sheds, lofts, workshops, hardstanding, roadways and car parks.
“Harbour Authority” refers to Gwynedd Council and its agents.
“Owner/Customer” shall include any boat owner, charterer, master, agent or other person for the time being in charge of the Vessel, excluding the Harbour Authority.
“Vessel” shall include any form of craft, boat, ship, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Owner/Customer.
“Length Overall (LOA)” means the overall length of the space occupied by the Vessel including any fore and aft fixed projections, temporary or permanent.
“Berth” means the space on water or land from time to time allocated to the Owner/ Customer by the Harbour Authority for the Vessel during the term of the Agreement.
“Storage Ashore” means the land space temporarily allocated to the Owner/Customer from time to time by the Harbour Authority for the storage ashore of the Vessel during the term of the Agreement.
“Pontoon” means a moored, decked, floating and moveable structure providing landing or mooring facilities.
“Services” means the facilities provided by the Harbour Authority as part of a Berthing Agreement, such as: car parking, temporary storage and receiving of goods on the Owner’s/Customer’s behalf, provision of showers, toilets, laundry facilities, site security, provision of information and weather forecasts from time to time, receptacles for refuse collection, supply of electrical power and water.
All use of Hafan Pwllheli Harbour is subject to the following Rules and Regulations in addition to the Terms of Business of the British Marine Federation, of which the Harbour Authority (Gwynedd Council) is a member. A copy of the BMF Regulations can be found online and is available at the Hafan office.
1.1 The Public have the right of access to the Harbour foreshore, accordingly Owners should ensure that their boats, vehicles and other property are made secure against entry or theft.
1.2 For Sale notices and company advertising are not permitted on vessels or vehicles whilst on the Harbour Authority’s premises.
1.3 Bathing within the Harbour is not permitted. Small children should wear life jackets at all times and have an adult in attendance.
1.4 Owners must be considerate to other Harbour users. Owners are responsible for the conduct of their children and pets. Those causing nuisance will be asked to leave the harbour.
1.5 In the interests of hygiene, no paper or solid matter shall be discharged from toilets while a vessel is in the Harbour. No petrol, fuel or oil contaminated bilge water or refuse shall be discharged or allowed to escape into the Harbour.
1.6 The standard visitor berthing charge for private users is quoted per metre length overall including all fixed projections, inclusive of rates, harbour dues, parking for the Owner's private car, and water and is inclusive of VAT, any fraction of a decimetre counting as a whole decimetre, with a minimum charge equivalent to 7.0 metres. Special rates may apply to craft where the beam is greater than 1/3rd of its overall length. The standard annual berthing charge for commercial users is per the maximum length overall which can be accommodated on the allocated berth plus a commercial percentage fee as per the annual tariff.
1.61 Prices per metre inc of VAT are based on LOA. Length Overall (LOA) means the overall length of the space occupied by the vessel including any fore and aft fixed projections, temporary or permanent, which might include personal water craft, tenders, davits, bowsprits, boarding ladders, sterndrives, outboards, rudders, anchors, pulpits pushpits and any other extension. No projections allowed port or starboard of vessel. Projections fore and aft may be possible on some berths with prior written approval from the Harbour Authority.
1.7 The annual berthing fee can include a pontoon electricity service charge. The Harbour Authority reserves the right to monitor unitary consumption which may be charged additionally and separately. Electricity ashore is charged on a daily or metered basis. The Harbour Authority reserves the right to meter any supply at its discretion. The Harbour Authority is under no obligation to provide power to each or any berth. For greater safety and to satisfy regulations the system is fitted with sensitive overload and earth leakage protection devices; because of these the Harbour Authority cannot guarantee continuity of supply or be liable for the consequences of these safety devices operating.
1.8 The policy of Harbour Authority is to see that the mooring pontoon is three quarters of the overall length of the vessel and the marina Haven Masters will try to see that this guideline is followed, but no firm undertaking can be made in this respect.
1.9 The Owner shall notify Harbour Authority of his/her intention to sell the vessel.
1.10 Entry into the Harbour by land or water entails acceptance of its published regulations, conditions and charges, the last named to be payable in advance.
1.11 The Harbour Authority reserves the right to refuse renewal of any Berthing and Services Agreement at its discretion.
1.12 The Harbour Authority reserves the right not to accept cash payments.
1.13 No variation to Harbour Authority’s published charges or standard terms of business can be entertained unless such variation is confirmed in writing by the Manager, or by an authorised Officer of the Harbour Authority.
1.14 Any incidents or dangerous hazards on the premises must be reported to the Hafan office immediately, and in writing within one month if leading to a legal claim.
1.15 The Harbour Authority reserves the right to enter and/or remove, (using reasonable force if necessary), any vessel or vehicle on the Harbour Authority’s premises in an emergency or in order to prevent or stop a nuisance. The Owner shall be responsible for the cost of such action. The Harbour Authority shall not be liable to the Owner for any loss, costs or damage suffered or incurred by the Owner where such action is taken.
1.16 Abusive or threatening behaviour toward any member of the Harbour Authority personnel will not be tolerated under any circumstances. The Harbour Authority reserves the right to request any party guilty of such offensive behaviour to leave the premises.
1.17 The Hafan Premises will be manned every day of the year except Christmas Day, Boxing Day and New Year’s Day.
1.18 The Owner shall accept full responsibility for the safe berthing/mooring of the vessel. The Owner is responsible for providing proper and suitable equipment that secures the vessel to the pontoon berth/mooring pile or riser within the Harbour. The Owner shall notify the Harbour Authority in writing of any damage to any property of the Harbour Authority forthwith, and shall indemnify the Harbour Authority from, and against, all claims, loss, demands, or other expenses arising from such damage.
1.19 The Harbour Authority accepts no liability whatsoever for the death or injury caused to any person, or damage to any property of the Owner or his/her guests, agents or employees, or any other persons except where such act involved negligence on the part of the Harbour Authority, their servants, or agent and save as aforesaid the applicant shall indemnify and keep the Harbour Authority against all claims loses or demands or other expenses arising there from.
2.1 Berths and services shall be provided for the periods and at the rates of charge published by the Harbour Authority at its Premises and in force at the commencement of this Agreement. Details of the charges and payment terms applicable to the Berths and Services will be given to the Owner/Customer in writing to accompany the Agreement.
3.1 This Agreement is personal to the Owner/Customer and relates to the Vessel described in the application for berthing. It may not be transferred or assigned to a new Owner/Customer or to a different Vessel, either temporarily or permanently, without the express written consent of the Harbour Authority.
4.1 Owners/Customers holding a Mooring Agreement are not permitted under any circumstances to privately sublet their berth to a third party.
4.2 The Harbour Authority reserves the right to utilise any vacant berths.
5.1 The Owner/Customer must notify the Harbour Authority in writing within 7 days of the details of any change of name of the Vessel or change of address or telephone number of the Owner/Customer.
6.1 The physical layout of the Harbour and Premises and the varying needs and obligations of the Harbour Authority and Owners/ Customers requires that the Harbour Authority retains absolute control of Berth allocation within the Harbour and Premises. Accordingly, the Owner/Customer shall not be entitled to the exclusive use of any particular Berth but shall use such Berth as is from time to time allocated to them by the Harbour Authority.
7.1 The Harbour Authority shall not be liable for any loss or damage caused by any event or circumstance beyond its reasonable control (such as extreme weather conditions, the actions of third parties not employed by it or any defect in any part of an Owner’s/Customer’s or third party’s Vessel); this extends to loss or damage to Vessels, gear, equipment or other goods left with it for repair or storage, and harm to persons entering the Premises or the Harbour and/or using any facilities or Equipment.
7.2 The Harbour Authority shall take all reasonable steps to maintain security at the Premises, and to maintain the facilities at the Premises and in the Harbour in reasonably good working order. Subject to this, and in the absence of negligence or breach of duty on the part of the Harbour Authority, Vessels, gear, equipment or other goods are left with the Harbour Authority at the Owner’s/Customer’s own risk and Owners/Customers should ensure that they have appropriate Insurance, as stated in paragraph 7.4, against all relevant risks.
7.3 The Harbour Authority shall not be under any duty to salvage or preserve an Owner’s/Customer’s Vessel or other property from the consequence of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Owner/Customer on commercial terms. Similarly the Harbour Authority shall not be under any duty to salvage or preserve an Owner’s/ Customer’s Vessel or other property from the consequences of an accident for which the Harbour Authority is not responsible. However, the Harbour Authority reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Owner/Customer concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
7.4 Owners/Customers may themselves be liable for any loss or damage caused by them, their crew or their Vessels and the Owner/Customer shall be obliged to maintain adequate insurance including third party liability cover for not less than £5,000,000 and, where appropriate, Employers’ Liability cover to at least the statutory minimum. The Owner/Customer shall be obliged to produce evidence of such insurance upon commencement of this agreement and/or within 7 days of being requested to do so by the Harbour Authority.
8.1 The Harbour Authority shall have the right (without prejudice to any other rights in respect of breaches of the terms of this Agreement by the Owner/Customer) to terminate this Agreement in the following manner in the event of any breach by the Owner/Customer of this Agreement:
8.1.1 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Harbour Authority and/or of the Harbour Authority’s Owners/Customers and if the breach is capable of remedy, the Harbour Authority may serve notice on the Owner/Customer specifying the breach and requiring them to remedy the breach within a reasonable time specified by the Harbour Authority. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short. If the Owner/ Customer fails to effect the remedy within that time, or if the breach is not capable of remedy, the Harbour Authority may serve notice on the Owner/ Customer requiring them to remove the Vessel from the Harbour or Premises immediately.
8.1.2 If the Owner/Customer fails to remove the Vessel on termination of this Agreement whether under this condition or otherwise, the Harbour Authority shall be entitled:
8.1.2.1 To charge the Owner/Customer at the 24 hour rate for overnight visitors for each day between termination of this Agreement and the actual date of removal of the Vessel from the Harbour and Premises and/or
8.1.2.2 At the Owner’s/Customer’s risk (save in respect of loss or damage caused by the Harbour Authority's negligence or other breach of duty during such removal) to remove the Vessel from the Harbour and Premises and thereupon secure it elsewhere and charge the Owner/Customer with all costs reasonably arising out of such removal including alternative berthing fees.
8.1.3 Any notice of termination under this Agreement shall, in the case of the Owner/ Customer, be served personally on the Owner/Customer or sent by registered post or recorded delivery service to the Owner’s/Customer’s last known address.
8.1.4 The Harbour Authority shall not be liable for delay or failure to perform this agreement if the Harbour Authority is unable to provide the usual berthing facilities because the business is no longer financially viable due to circumstances beyond its control including, without limitation, Act of God, fire, explosion, failure of utility supply, act of terrorism, civil disturbance, flood, storm, natural disaster, accidental or malicious damage, loss of access by sea or land, act of any government or environmental authority (including variation, refusal or revocation of any licences or consents).
8.1.5 In the event of termination refunds shall be effected in accordance with Clause 10 Refunds of this Agreement.
9.1 Where the Harbour Authority accepts a Vessel, gear, equipment or other goods subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Harbour Authority in circumstances where an Owner/Customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Harbour Authority has given notice to the Owner/Customer in accordance with the Act. For the purpose of the Act it is recorded that:
9.1.1 Goods for repair or other treatment are accepted by the Harbour Authority on the basis that the Owner/Customer is the Owner/Customer of the goods or the Owner’s/Customer’s authorised agent and that he will take delivery or arrange collection when the repair or treatment has been carried out.
9.1.2 The Harbour Authority’s obligation as custodian of goods accepted for storage ends on its notice to the Owner/Customer of termination of that obligation.
9.1.3 The place for delivery and collection of goods shall be at the Harbour Authority’s Premises unless agreed otherwise.
9.2 Maritime Law entitles the Harbour Authority in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Owner/Customer of a Vessel or other property.
9.3 The Harbour Authority reserves a general right (“a general lien”) to detain and hold onto the Owner’s/Customer’s Vessel or other property pending payment by the Owner/Customer of any sums due to the Harbour Authority. If the Agreement is terminated or expires while the Harbour Authority is exercising this right of detention it shall be entitled to charge the Owner/Customer at the Harbour Authority 24 hour rate for overnight visitors for each day between termination or expiry of this Agreement and the actual date of payment (or provision of security) by the Owner/ Customer and removal of the Vessel from the Harbour and Premises. The Owner/Customer shall at any time be entitled to remove the Vessel or other property upon providing property security, for example a letter of guarantee from a Bank or a cash deposit, sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Harbour Authority’s prospective legal costs.
10.1 The Harbour Authority will refund Berthing/mooring fees where the Berthing Agreement is terminated by an Owner/Customer during the period April to August inclusive for reasons which were unforeseeable at the time the Agreement was made and beyond the Owner’s/Customer’s control. No refunds will be given for terminations occurring after 31 August.
10.2 Refunds will be calculated using the 18-month rule, whereby the annual charge is divided into 18 parts and each calendar month from April to September inclusive is worth 2/18ths and each calendar month from October to March inclusive is worth 1/18th.
11.1 The Harbour Authority reserves the right to move any Vessel, gear, equipment or other goods at any time for reasons of safety, security or good management of the Harbour and Premises.
11.2 Where a specific date or tide range for re-launch of the Vessel has been agreed between the Owner/Customer and the Harbour Authority at the time of slipping or lifting out (or arrival by land) this charge alone will be payable for the launch. However, where the Owner/Customer requests a different date or tide range the Harbour Authority reserves the right to charge the Owner/Customer for the cost of moving other Vessels to gain access to the launch point and for any attendant expenses, such as crane hire. The Harbour Authority will provide the Owner/ Customer with an estimate of such costs and charges prior to incurring them.
11.3 Vessels shall be berthed or moored by the Owner/Customer in such a manner and position as the Harbour Authority may require and unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Owner/Customer.
11.4 No Vessel, when entering or leaving or manoeuvring in the Harbour, shall be navigated at such a speed or in such a manner as to endanger or inconvenience other Vessels in the Harbour. A 4 Knot speed limit applies in all Harbour areas.
11.5 Advisory Note: Owners/Customers, their guests and crew are advised that Vessels are at all times subject to the speed restrictions and byelaws of Harbour and navigation authorities and the requirements and powers of regulatory authorities, including but not limited to the Maritime and Coastguard Agency and The Health & Safety Executive; there are criminal penalties for the breach of such restrictions, requirements and byelaws.
12.1 No part of the Council’s Harbour or Premises or any Vessel or vehicle situated therein or thereon shall be used by the Owner/Customer for any commercial purpose, except where the Owner/Customer has sought and obtained prior written agreement from the Harbour Authority. Where this Agreement is made with a commercial operator whose Vessel is operated for hire or reward in the course of trading, special conditions and charges will apply to this Agreement, as per tariff.
12.2 No part of the Harbour Authority’s land may be sublet by a commercial company to a third party.
12.3 Any vessel operating commercially must comply with the relevant MCA regulations for their vessel, this includes both the vessel and the people operating the vessel. Owners/Customers must provide a vessel’s certificate of compliance and any certificates/qualifications/commercial endorsements for the people operating the vessel when requested by the Harbour Authority.
13.1 The Hafan slipway is reserved for commercial use only. The Harbour Authority reserves the right to permit private use at its discretion. Tenders not permitted to use this slipway.
14.1 Customers must ensure that all vessels stored ashore have their masts unstepped. In addition all sails, awnings and spray hoods must also be removed.
14.2 Once the Vessel is ashore the boat stands, cradle arms or boat supports must not be tampered with in any way. These can only be altered by the Harbour Authority team members.
14.3 The hardstanding area occupied by the Boat must be kept clean and tidy and at the end of the storage period returned to its original condition. Any damage caused such as staining from oil, antifouling paint or any other substance must be removed. The Harbour Authority reserves the right to clean any area not left in its original condition and to charge the Owner for this service.
14.4 Dinghies, tenders and rafts shall be stowed aboard the vessel unless the Harbour Authority allocates a separate berth for them. All dinghies or tenders stored ashore on the Harbour Authorities premises must display a Harbour Authority dinghy registration sticker.
14.5 Trailers that are stored in the trailer compound must be labelled with the owners’ surname, the boat name and berth number. If the trailers are locked with tow hitch locks or wheel clamps the Harbour Authority must be provided with a set of keys.
15.1 Subject always to the availability of parking space Owners/Customers and their crew may only park vehicles on the Premises in accordance with the directions of the Harbour Authority.
16.1 The Owner/Customer shall at all times observe the Harbour Authority’s regulations and in particular:
16.1.1 The Owner/Customer shall provide and maintain at least one fire extinguisher, approved and manufactured to EN3 standards for portable fire extinguishers, and ensure it is fit for the purpose for the Vessel and ready for immediate use in case of fire.
16.1.2 The Owner/ Customer is responsible for conducting regular inspections of any gas appliances on the Boat. The Harbour Authority recommends that an annual inspection is carried out by a qualified gas engineer.
16.1.3 No dangerous, inflammable, poisonous or noxious substances, spirits, oil, or petrol shall be brought onto the premises or stored onboard except in properly secured containers expressly designed to contain such substances against leakage.
16.1.4 Owners/Customers shall refuel only at the designated fuelling berth and are to vacate the berth when the fuelling operation is completed. Where fuel is required to be transferred in portable containers, the Harbour Authority reserves the right to refuse the use of any container deemed unfit for the purpose.
16.1.5 The Owner must not use or permit any Boat to be used on the premises for residential purposes unless they have entered into a separate liveaboard agreement with the Harbour Authority in respect of the Boat. The Harbour Authority is under no obligation to enter into a liveaboard agreement with the Owner. For the avoidance of doubt, a Boat shall be regarded as being used for residential purposes if, amongst other things, the Owner or anyone else with the Owner’s knowledge: i. uses the Boat as their principal or main place of residence; or ii. uses the Hafan office as their mailing address.
16.2 A copy of the current rules and regulations are available online and can be supplied to the Owner/Customer on request. The Harbour Authority reserves the right to introduce new regulations on grounds of legal requirement or for the safety or security or good management of the Harbour or Premises, and to amend such regulations as from time to time shall be necessary. Such regulations and any amendments to them shall become effective on being updated on the Harbour Authority’s website or being displayed in a prominent place at the Harbour Authority’s Premises, and the Harbour Authority shall have the same rights against the Owner/ Customer for a breach of the Regulations as for a breach of the terms of this Agreement.
16.3 Advisory Note: Owners/Customers, their guests and crew are advised that their conduct and that of their Vessels is likely to be regulated and governed at various times by statutory and Harbour regulations which may be more extensive than those of the Harbour Authority and the breach of which may result in criminal penalties.
16.4 The Harbour Authority may from time to time take photographs or video that captures scenes on the premises for promotional purposes. If Owners or users of the premises have objections to either themselves or their Boats or Craft being photographed, they should make their objections known to the Harbour Authority and they will take reasonable steps to avoid their inclusion in any photographing or filming. However, the Harbour Authority cannot guarantee that they will not be included on an incidental basis.
16.5 The Harbour Authority operates CCTV Surveillance Cameras throughout the premises for security and safety purposes in accordance with the CCTV Code of Practice and the General Data Protection Regulation 2016/679. The flying of drones or other unmanned aircraft in or over any part of the premises is strictly forbidden without the express prior written permission of the Harbour Authority.
16.6 The Owner must notify the Harbour Authority in writing and obtain their written permission (which the Harbour Authority may reasonably refuse), prior to installing or using any CCTV equipment on the Boat on the premises. Any CCTV system used or operated by the Owner on their Boat must not capture any images of people outside the boundaries of the Owner’s Boat.
17.1 Subject to Clause 16.2 no work shall be done on the Vessel, gear, equipment or other goods while on the Premises without the Harbour Authority’s prior written consent and each contractor providing evidence of £5 million third party insurance cover other than minor running repairs or minor maintenance of a routine nature by the Owner/ Customer, his regular crew or members of his family not causing nuisance, or annoyance to any other Owner/Customer or person residing in the vicinity, nor interfering with the Harbour Authority schedule of work, nor involving access to prohibited areas.
17.2 Prior written consent will not be unreasonably withheld where:
17.2.1 The work is of a type for which the Harbour Authority would normally employ a specialist sub-contractor; or
17.2.2 The work is being carried out under warranty by the manufacturer and/or supplier of the Vessel or any part of the equipment to which the warranty relates.
17.3 Notwithstanding the foregoing, during periods of work by the Harbour Authority on the Vessel, neither the Owner/Customer nor their invitees shall have access to the vessel without the Harbour Authority’s prior consent, which shall not be unreasonably withheld.
17.4 Prior to commencement of work on any vessel in or out of the water at the Premises all Contractors must report to the Harbour Authority offices to receive site safety information.
18.1 Attention is drawn to Gwynedd Council’s Health, Safety and Harbour Authority Environmental Policy, as amended from time to time, a current copy of which shall be displayed on the Harbour Authority’s public notice board or other prominent place at the Hafan Premises. The Owner/Customer, his regular crew, members of his family and/or any person or company carrying out work on the Vessel must comply with the Harbour Authority’s Health, Safety and Environmental Policy.
18.2 The Owner/Customer, their crew, members of their family and any person carrying out work on the Vessel is responsible for reporting to the Harbour Authority all accidents involving injury to any person or damage to any public or private property that occur in the Harbour or on the Premises as soon as possible after they occur.
18.3 No noisy, noxious or objectionable engines, radios, generators, or other apparatus or machinery shall be operated within the Harbour or Premises so as to cause any nuisance or annoyance to any other users of the Harbour or Premises or to any person residing in the vicinity and the Owner/Customer undertakes for themself, their guests and all using the Vessel that they shall not behave in such a way as to offend as aforesaid. Halyards and other rigging shall be secured so as not to cause such nuisance or annoyance.
18.4 No refuse shall be thrown overboard or left on the pontoons, or car parks or on any other part of the Premises, or disposed of in any way other than in the receptacles provided by the Harbour Authority or by removal from the Harbour Authority’s Harbour and Premises. The Harbour Authority’s further directions regarding waste management shall be posted on the Harbour Authority’s Public Notice Board or other prominent place on the Harbour Authority’s premises.
18.5 Professional divers engaged for any purpose within the premises must comply with the Diving at Work Regulations 1997 and must be authorised by the Harbour Authority.
19.1 Berths on the Commercial Fishing Boat Pontoon are available exclusively for those operating from the harbour on a commercial basis with priority given to those who are fishing commercially. An Owner/Customer must provide proof they are operating commercially in the form of appropriate certification. The certification provided must be appropriate to the vessel's operational activities.
19.2 Storage of equipment on the Commercial Fishing Boat Pontoon is strictly forbidden. The Harbour Authority reserve the right to remove and dispose of any equipment stored on the pontoon.