Licence Terms and Conditions

1.1 'Boat' means the boat named in your Application or Renewal Form whose name and index number will appear on the Licence. For boats with Rivers Only Licences 'the Boat' includes any Tender to the Boat.

1.2 'Boat length' means the length overall of the Boat including fenders, bowsprits, boarding ladders, davits including their loads, stern drives, out drives, rudders, anchors, pulpits, push pits and any other extensions fore and/or aft of the Boat.

1.3 'Home Mooring' is a mooring or place where the Boat may lawfully be left when not being used for cruising.

1.4 "Houseboat" means a boat which is not used for navigation and is kept on a British Waterways long term mooring with planning consent for residential use.

1.5 'Navigation Rules' means any byelaws, or any conditions imposed under statutory powers concerning the mooring and movement of vessels and safety of navigation.

1.6 'Portable' means that the Boat's normal crew can, without mechanical help, launch the Boat and take it out of the water. Examples are rowing boats, dinghies, canoes or light inflatable boats.

1.7 'Powered' means that the boat has some form of mechanical propulsion. 'Unpowered Boats' are boats that are propelled by human, wind or animal force. A boat that is normally towed by a powered vessel is defined as powered.

1.8 'Tender' means one small unpowered boat or a boat powered by a small outboard engine which is carried on or towed by the Boat and used only for going to and from the Boat whilst in sight of the Boat. The Tender must be marked with 'Tender to (name and index number of the Boat)'.

1.9 'You, your, yours' means the owner or lawful keeper as described in the Application or Renewal and includes a person in charge of the Boat with the permission of the owner or lawful keeper.

1.10 'Waterway' means any Waterway(s) owned or managed by us, and includes any navigable branches or arms, marinas, docks or basins and any land held or used by us in connection with the Waterway(s).

1.11 'We, us, our' means British Waterways (BW) and any employee or other person approved by British Waterways to act for it.

1.12 Clauses 1 to 9 apply to all licences; clauses 10 to 13 apply to licences of boats let out for hire or reward for self-drive use; clauses 14 to 18 apply to boats used for trading or passenger carrying for reward; clauses 19 to 28 apply to trade plate licences.

2.1 The Licence allows you to use the Boat in any Waterway including mooring for short periods while cruising. 'Short period' means up to 14 days or less where a local restriction applies. The Licence does not permit mooring for any longer period.

2.2 The Boat must be used only for the purposes specified in the licence description, details of which are set out in Schedule 3.

3.1 The Licence does not allow you to moor the Boat in any Waterway except for short periods whilst cruising (see Condition 2.1 above). This Licence does not give a right to moor that is sufficient to meet the requirement in the British Waterways Act 1995 for the Boat to have a Home Mooring.

3.2 The only exceptions to the requirement to have a Home Mooring are:

3.3 if the Boat is removed from the water when it is not being used for cruising,

3.4 if you cruise continuously without staying in any one place for more than fourteen days (or less where local BW signs indicate a shorter period). It is your responsibility to satisfy us that you meet this requirement.

3.5 These requirements are further explained in Schedule 2.

4.1 You must cruise in accordance with the British Waterways Act 1995. The Mooring Guidance for Continuous Cruisers is contained in Schedule 2 and this Guidance sets out what is required to comply with the British Waterways Act 1995.

5.1 The Boat must comply with the Boat Safety Scheme requirements at all times.

5.2 You must have in force an insurance policy for the Boat, provided by a company that is authorised and regulated by the UK Financial Services Authority, which covers third-party liabilities of at least one million pounds. The insurance must be valid for the full duration of the Licence.

5.3 You agree that we may contact your insurance provider to check the validity of your policy, and that the insurance provider may give us such information as we may reasonably require.

6.1 The price of the Licence is published and revised each year from 1st April and you agree to pay the amount due (including, if appropriate, any late payment charge).

6.2 The prompt payment rate applies for qualifying applications. The qualifying criteria are set out in Schedule 4.

6.3 A late payment charge applies for any boat which stays on the Waterway unlicensed for more than one calendar month without a valid licence. The late payment charge will be payable in addition to the licence fee, which must be appropriately backdated.

7.1 You must display the Boat's name, index number and the Licence on both sides of the Boat so that they are always easily visible by our employees on the towpath or on the Waterway. If you do not, we may place a sticker on the Boat or on any cover on the Boat showing the number, which must not be removed unless the number is displayed in some other way.

7.2 You must comply with Navigation Rules (details of which are set out in Schedule 5), relevant Acts, Bye-Laws and Regulations and follow our lawful directions, spoken or written (including signs). This includes signs that prohibit mooring or limit the period you may moor the Boat at specific locations.

7.3 You must ensure that when the Boat is under way, there is always an adequate and competent crew in attendance.

7.4 If you give permission to any other person to use the Boat, you must ensure that they are aware of these Licence Terms and Conditions.

7.5 You must not do (or carelessly fail to do) anything which will cause damage or nuisance to any other person or their property. You accept responsibility for any such damage or nuisance caused by you, other occupants of the Boat or your visitors. You will not be responsible for events that are outside your control.

7.6 You agree that we can come on board the Boat to inspect it where we need to check you meet these Conditions. We understand that you may feel this is an intrusion. We will give you reasonable notice if we want to do this and we will try to accommodate your wishes. We may board without notice if we believe the Boat may be unsafe or if it is unidentifiable.

7.7 The Boat must be fit for navigation on any Waterway where it is intended to be used.

7.8 You agree that we may provide your name and address to any person (or the insurer of any person) whom we believe has an interest in an incident or alleged incident involving the Boat and where personal injury or damage to property may have occurred.

8.1 We will write and tell you if we think you have broken the Conditions of your Licence. We will explain how we think you have broken them and how we think you can put things right. We will tell you how long you have to put things right. This time will be at least twenty eight days or longer if reasonable. We may extend the time if you write to us and explain why you need the extra time.

8.2 If you do not put things right within the time we have given you, the Licence will end and you must remove the Boat from our waters. We will rebate the cost of the unused part of the Licence in accordance with our Refund Terms (details of which are set out in Schedule 4) as of the date on which you have removed the Boat from our waters.

8.3 In the case of a serious or persistent breach of these conditions, or where we reasonably believe that the breach may endanger the health and safety of other people, we reserve the right to immediately suspend your Licence pending an internal investigation to determine whether the breach is capable of remedy. If we decide that it is not capable of remedy, we may terminate your Licence without further notice. No refund will be payable. While your Licence is suspended, you must not use the Boat to navigate the Waterway.

8.4 Once the Licence has ended, unless you re-license the Boat, you must remove it from our waters.

8.5 We reserve the right to refuse to issue you with any Licence in the future. You have no right under these Conditions to the renewal of a Licence. We will not unreasonably refuse to renew a Licence. However, if we do refuse to issue you with a Licence, we will write and tell you why.

9.1 We will do our best to keep the Waterway open for cruising. The Licence fees are calculated on the assumption that you will be affected by closures from time to time and accordingly refunds of Licence fees will not be made for closures as described in this condition.

The age of the Waterway will inevitably mean occasional unforeseen failure requiring closures. Essential maintenance work may also require closures but, except in emergencies or for other unavoidable reasons, we shall try to arrange our maintenance work to cause you the least disruption. This means that most work requiring closures will be done between the beginning of November and the end of March. There may be other occasions when, due to causes beyond our reasonable control, we have to close part or, (exceptionally) all of the Waterway.

(a) car parking for customers;

(b) systems for the disposal of sewage from the Boat;

(c) drinking-water supply to refill the Boat;

(d) covered refuse disposal bins;

(e) a mooring berth which gives safe entry and exit to and from the Boat.

11. Each time you allow any person to use the Boat you must ensure that they are capable of using it safely. To meet this obligation you should:

(a) Provide adequate and appropriate coaching in:

(b) Provide on the Boat, and draw attention to:

(c) Offer to all passengers and users of the Boat free use of properly maintained buoyancy aids or lifejackets.

(d) Be able to provide evidence that you have proper systems in place to ensure consistent compliance with these Conditions. We will accept a current British Marine Federation Handover Audit Certificate as this evidence. We may ask you from time to time to produce this evidence. It is not required as part of the licence application process.

You are recommended to maintain a log of all breakdown or emergency calls.

(a) trading location(s). These may be described by exception. Some Waterway offices publish a list of locations and areas where trading is not permitted. You must comply with General Licence Condition 2 relating to moorings and accordingly, if you wish to trade at any place for longer than is permitted under that Condition, you will require a separate trading agreement.

(b) whether you will be selling by retail from the Boat to persons other than passengers.

(c) where, how frequently and for what duration you will require access across the towpath for loading and unloading.

(d) for trading boats, the type and amount of goods you plan to carry. The local British Waterways Leisure Business Manager will advise if the Boat should instead be governed by the BW Carriage of Freight Conditions.

(e) your opening hours for members of the public.

(f) the size and siting of any signage of your business on our land.

(a) to keep the area around the Boat clean and tidy, wherever you stop;

(b) not to obstruct the towing-path or any of our property;

(c) not to do anything which will cause damage or nuisance to any other person or their property;

(d) to be responsible for any damage or nuisance caused by you or visitors to the Boat;

(e) to obtain and keep in force any planning permission, fire certificate, licence and other authorisation required by other statutory bodies for you to use the Boat as you propose. If we ask you, you agree to show them to us at any reasonable time.

21.1 the trade plate number

21.2 the name and ownership of the Boat

21.3 the dates of use

21.4 the purpose for use