Boat Hire Licence

Licence summary

Where a person uses or hires a boat to carry for reward, 12 or fewer persons for pleasure, recreational, educational or sporting purposes, a Boat Hire Licence is required.

Please note that this licence runs on a 3 yearly basis, which at present is 1st July 2015 to 30th June 2018. The fee is reduced by a third on 1st July each year.

Make an application

Completing your application

How to apply

Apply Online

You can also download the forms here:

Boat Hire Licence New application

Boat Hire Licence Renewal

Application for amendment to an existing licence

Applications must contain:

  • details of the licence holder
  • the applicant's name and address
  • and those of any employee who will manage the activity on a day-to-day basis
  • the area in which the activity is to be carried out
  • you must have an insurance policy with Public Liabililty Insurance with indemnity of £5,000,000
  • and include the application fee

Detailed information of what should be submitted can be found in these guidance notes

Regulation Summary         

A summary of the regulation relating to this licence

Schedule of Conditions

The attached document gives details of the schedule of conditions (pdf 86 KB) that relate to this licence.

Fees

£79.00

Contact details

Telephone: 01546 604128 or licensing@argyll-bute.gov.uk

Argyll and Bute Council
Governance & Law
Licensing Section
Kilmory
Lochgilphead
PA31 8RT

Eligibility Criteria

Eligibility Criteria

In order to make an application you must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.

The premises or vehicle you use in order to carry out the work must be suitable for that purpose.

You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application.

You will be required to produce a certificate issued by a suitably qualified person stating that the vessel is suitably designed, constructed, maintained and equipped and in a safe condition for its intended use.

A Boat Hire Licence is not required for the use of:-

  • Any vessel in which a passenger certificate, load line certificate or load line exemption certificate is in force, under the Merchant Shipping Act 1995;
  • A continuous period of over 24 hours, of any vessel having overnight sleeping accommodation;
  • Any vessel for the purpose of instruction or training in seamanship;
  • Any vessel exclusively for fishing in non-tidal waters;
  • Any vessel on any inland waterway or at any harbour owned or managed by the British Waterways Board; or
  • Any vessel with the consent of the harbour authority (within the meaning of the Harbours Act 1964) in any harbour owned or managed by them.

The Application ProcessThe Application process

We will:

  • send a copy of the application to Police Scotland
  • place a notice within the local authority office (for the area the applicant wishes to trade) notice board which states the premises and applicant details contained in the application, that any objections or representations may be made to the local authority, and how such representations should be made
  • keep a register of applications in which we will enter the details of the receipt of the application, the final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence

The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be allowed to make a copy of it.  A fee will be required for this service.

Applications will not be granted if we believe the vessel is not safe or suitable for the proposed purpose of use.

 

Objections and AppealsObjections and Appeals

Objections or representations
Objections or representations relating to a licence application may be made in writing to the licensing section, within 28 days of notice of the licence application being given, stating:

  • the grounds of the objection or nature of the representation
  • the name and address of the person making the representation

Police Scotland, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, had:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner
     

If you have made an application for a licence and it has been refused

You may ask us for the reasons for our decision to refuse your application within 21 days of the decision date.

You may appeal to the sheriff against the decision, within 28 days of the decision, as long as you have already followed any available procedure to state your case to ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, had:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner

You may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff’s decision.

Appeals - Licence Holders

Appeals against the refusal of an application must be made to the Sheriff Principal of North Strathclyde, Paisley Sheriff Court, St James Street, Paisley, PA3 2AW.

You may appeal if we decide to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work. You may appeal against the decision within 28 days of being notified, as long as you have already followed any available procedure to state your case to ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, have:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner

You may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff’s decision.