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Marina fees during lockdown

ctelfer38

Member
Joined
16 Feb 2005
Messages
400
Location
Haslar UK
I'd welcome the forum's view. My boat is on the hard at a major commercial marina. They have just told me that the launch is now delayed until June and access is forbidden. However when I enquired they "could confirm that there will be no reduction in marina fees", despite this we are "all in it together" apparently.
My business is seeing a 100% drop in income. Most lesiure and boating businesses are too. Meanwhile the marinas think that, despite not being open, they can still expect full fees. Would I be alone in challenging this?
Depends on service provided during lockdown does it not? I usually visit my yacht once a week whether sailing or not to check lines, bilges and overall condition. Now that I cannot do that, the duty staff af my marina is doing that for me (at my request) and sending regular reports including occasional images for my peace of mind. They need their jobs and I need their services. I think I am getting value for my outlay on berthing fees. CBT
 

V1701

Well-known member
Joined
1 Oct 2009
Messages
3,473
Location
South Coast UK
Depends on service provided during lockdown does it not? I usually visit my yacht once a week whether sailing or not to check lines, bilges and overall condition. Now that I cannot do that, the duty staff af my marina is doing that for me (at my request) and sending regular reports including occasional images for my peace of mind. They need their jobs and I need their services. I think I am getting value for my outlay on berthing fees. CBT
You're lucky to have such good service but I suspect if every owner requested same they wouldn't have the staff to do all of them...
 

deep denial

Member
Joined
10 Mar 2006
Messages
469
Location
Southampton
Unfortunately there is a lot of misunderstanding of what the law actually says as opposed to what the ‘government advice’ is. The law is what we are obliged to follow and what gives the police their enforcement powers. The government advice is just that, ‘advice’. It is not enforceable and we are not obliged to follow it (although in the current situation there is probably a powerful moral argument that we should).

The law can be found here: The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

For the purpose of leaving your home and going to your boat it is Regulation 6 that is important (See attachment). This is the regulation that restricts freedom movement. You will see that this regulation is worded:

6(1) During the emergency period, no person may leave the place where they are living without a reasonable excuse.

The regulation then goes onto list 13 “reasonable excuses” (including the often quoted 6(2)(b) concerning exercise) but importantly this list is not exhaustive. This means other reasons for leaving you home can be considered a reasonable excuse depending on the circumstances. Obviously, what is considered “reasonable” as an excuse is open to interpretation, but in the circumstances I have described above (particularly where risk of transmission of the virus is low) I think most courts would find that to be “reasonable”.

The law in Wales, Scotland and N.Ireland is slightly different, but in each of those jurisdictions the exception for being able to leave your home with a “reasonable excuse” remains.
How can you be sure that the list is not exhaustive? The regulation says
"6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need--" But to my mind it is not clear whether the word 'includes' is exhaustive, or allows for other inclusions as circs permit???
 

bdh198

Active member
Joined
28 Sep 2011
Messages
235
Location
Solent
How can you be sure that the list is not exhaustive? The regulation says
"6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.

(2) For the purposes of paragraph (1), a reasonable excuse includes the need--" But to my mind it is not clear whether the word 'includes' is exhaustive, or allows for other inclusions as circs permit???
That’s how legislation is drafted when the intention is to provide a list of illustrative examples rather than providing a definition. Giving the wording used its ordinary meaning it clearly doesn’t seek to define a “reasonable excuse” solely by those 13 examples, but rather intends to show what a “reasonable excuse” can include. The same language is used in many other pieces of legislation to provide a non-exhaustive list.

With the speed this legislation was drafted it would be surprising if it tried to define in an exhaustive list what a “reasonable excuse” was when there are going to be countless situations not covered by those examples which would nevertheless be a perfectly good reason to be outside of your home. Instead, it provides the courts with a lot more discretion to determine on a case by case basis whether an excuse for being out of your home is a “reasonable excuse” in the circumstances.
 

Telstarrick

New member
Joined
30 May 2020
Messages
1
I have a project vessel I've been working hard on with limited funds. I'm not allowed to stay overnight while working on her now untill lockdown changes. Soon the storage fees will be more than the vessel is worth and I feel trapped I have to pay full fees still when she was meant to be in the water and away by now. Doesn't seem to me there is no discount.
 

Benson 1

New member
Joined
11 Jun 2020
Messages
1
I'd welcome the forum's view. My boat is on the hard at a major commercial marina. They have just told me that the launch is now delayed until June and access is forbidden. However when I enquired they "could confirm that there will be no reduction in marina fees", despite this we are "all in it together" apparently.
My business is seeing a 100% drop in income. Most lesiure and boating businesses are too. Meanwhile the marinas think that, despite not being open, they can still expect full fees. Would I be alone in challenging this?
No I think you are right why should we be paying full fees. We have been "Denied access to Service" which is the legal term Yes we should be paying something but when they were closed a lot of Marina's offered 50% off April's fee and then looked at it again for May and June .My marina is refusing to do anything even though they have furloughed staff, have had business and VAT tax deferred and received Government funding. Talk about having your cake and eating it. They are not concerned about customer care I for one will be looking for a marina when this ends that's looked after it's customers.
 
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