Agenda item

Report by Harbour Master (attached).

Council considered a report by the Harbour Master (circulated previously) regarding a proposed Public Spaces Protection Order in and around Ilfracombe Harbour.

It was moved by Councillor Bradford and seconded by Councillor Prowse “that the Council Procedure Rules in Part 4 of the Constitution be waived to enable boat owners to address Council”.

Mr D. Hutchings (owner of Ilfracombe Sea Safaris) and Stephen Barbeary (boat owner) addressed Council.

The Head of Resources suggested that should Council approve the recommendation that a letter be sent to all boat owners to clarify the position regarding the level of enforcement.  He advised Council that the Public Spaces Protection Order would not affect the boat owners on a daily basis and they would continue operating as usual.  It would provide for a level of protection for the existing boat licensees against traders who did not hold a kiosk licence.  No enforcement would be required provided the boat owners continued to operate in a professional manner.  He read out the proposed draft letter to be sent to boat owners to Council.

It was moved by Councillor Spear and seconded by Councillor Worden “that the Council Procedure Rules in Part 4 of the Constitution be re-instated”.

It was moved by Councillor Fowler and seconded by Councillor Meadlarkin “that North Devon Council makes a Public Spaces Protection Order for a period of 1 year in relation to Ilfracombe Harbour and roads adjacent to it, as per the Order attached at Appendix A”.

An amendment was moved by Councillor Crabb and seconded by Councillor Edmunds “that a Public Spaces Protection Order in relation to Ilfracombe Harbour and roads adjacent to it not be enacted for the time being and that in the meantime a code of conduct be drawn up between boat owners, the Harbour master and Ilfracombe Harbour Board and that enforcement action be delegated to the Ilfracombe Harbour Board”.

Following debate, Councillors Crabb and Edmunds agreed to amend the wording of the amendment to “that North Devon Council makes a Public Spaces Protection Order for a period of 1 year in relation to Ilfracombe Harbour and roads adjacent to it, as per the Order attached at Appendix A to the report and that a letter be sent to all boat owners clarifying the Council’s position regarding enforcement and advising that if enforcement was required it be undertaken by the Legal team in consultation with the Ilfracombe Harbour Board.”

The amendment was put to the vote and carried.

The amendment then became the substantive motion, which was put to the vote and carried.