ABP PORT OF IPSWICH
LICENCE TO MOOR
LICENCE CONDITIONS
1. Definitions and Interpretation
1.1 The terms used in the Licence Schedule shall have the same meaning in these Conditions.
1.2 “Moorings” shall mean the moorings laid down by the Licensee at the Mooring Points pursuant to this Licence.
1.3 Reference to a “Condition” is a reference to the relevant Conditions of these Licence Conditions. The headings to the Conditions are to be ignored in construing this Licence. The words “include” and “including” are to be construed as being by way of illustration or emphasis only and are not to be construed so as to limit the generality of any words preceding them.
2. The Licence
2.1 Subject to the terms and conditions set out in this Licence, ABP authorises the Licensee to lay down, maintain and use a mooring or moorings at the Mooring Point(s).
2.2 This Licence:
2.2.1 shall be for the Licence Period unless determined in accordance with the terms of this Licence;
2.2.2 is personal to the Licensee and not transferable;
2.2.3 is subservient to ABP’s use of the River Orwell for the purposes of its undertaking; and
2.2.4 shall be exercised by the Licensee at the Licensee’s own risk.
3. Acknowledgements and Declarations
3.1 This Licence does not authorise:-
3.1.1 The discharge or running off into the River Orwell from any boat moored at the Moorings of anything other than unpolluted surface water draining naturally and such sink waste and engine cooling water as may be permitted from time to time by ABP, the Environment Agency or any other statutory authority.
3.1.2 The taking of water from the River Orwell.
3.1.3 Any fishing in the River Orwell or mooring save as authorised herein.
4. Licensees’ Covenants
The Licensee agrees with the Licensor:
4.1. The Licence Fee shall be payable within 30 days of the date of the invoice. For the avoidance of doubt the Licence Free excludes harbour dues.
4.2 To pay all rates taxes (including any VAT) and other outgoings which are levied in respect of the Mooring Point or otherwise because of this Licence.
4.3 To provide at its own expense any mooring rings and/or other mooring devices required for the proper mooring of the Vessel at the Mooring Point.
4.4 To keep the Moorings in a clean and tidy condition.
4.5 Not to moor or permit or suffer to be moored at the Mooring Point any houseboat or any craft used as a permanent residence or any craft other than the Vessel.
4.6 To keep the Vessel in a sound and watertight condition.
4.7 Not to moor the Vessel so as to be less than 10 metres from the edge of the dredged channel.
4.8 To ensure that all when moored the Vessel is adequately secured with suitable mooring lines.
4.9 To mark all Moorings and buoys at the Mooring Point with the Licence Number.
4.10 Not to do anything which may interfere with the carrying on of the ABP’s undertaking or which may otherwise cause nuisance annoyance or inconvenience to the Licensor or other users of the River Orwell.
4.11 To comply with all applicable laws, including bye-laws, and all directions given by ABP’s Harbour Master.
4.12 Not to assign, underlet or part with the Licence hereby granted.
4.13 To remove immediately before the expiration or earlier ending of this Licence (if required in writing by ABP) the Moorings and to restore ABP’s property to the reasonable satisfaction of ABP to the state in which it was before the Licence (or any preceding licence granted to ABP) became effective.
5. Liability
5.1 ABP does not accept any liability whatsoever in respect of any damage to the Vessel or any other craft, or any person or property which may arise out of or in connection with this Licence, other than in respect of death or personal injury caused by ABP’s negligence.
5.2 ABP is not responsible for the safety or custody of the Vessel.
5.3 Without prejudice to Condition 5.4 or any other rights or remedies ABP may have pursuant to this Licence or otherwise, in the event ABP’s Harbour Master considers that any vessel at the Mooring Point or which has broken adrift from the Moorings, or the wreck of such vessel or any Moorings has or is likely to become a danger to navigation, ABP may remove and/or salvage the Moorings, vessels or wreck and recover all of its cost and expenses for doing so from the Licensee.
5.4 To be responsible for and to release and indemnify ABP and its employees and agents from and against all liability and expense which would not have arisen but for the grant of this Licence except where caused by the negligence of ABP or its employees or agents.
6. Insurance
6.1 The Licensee shall ensure that it has adequate insurance in place to meet its Liabilities hereunder, such insurance shall include third party indemnity insurance for a minimum of £1 million.
7. Termination by ABP
ABP may terminate this Licence without prejudice to any other rights or remedies it may have against the Licensee in the event:
7.1 Any sum payable under this Licence being unpaid 28 days after its becoming due.
7.2 The Licensee not remedying any lack of observance or performance of any other of the agreements on the part of the Licensees contained in this Licence within 21 days of ABP giving written notice of it to the Licensee.
1st April 2023
