Experts in Stephens Scown LLP’s marine team have helped to conclude a criminal prosecution for breach of byelaws, for Padstow Harbour Commissioners.
The case came from an incident in early 2019, when the Defendant was charged with causing a jet ski to be operated within the Padstow Harbour limits on 1st February, in contravention of the Harbour Commissioners’ byelaw 63. This byelaw prohibits the use of jet skis on the waters under the jurisdiction of the Commissioners, except with their permission.
The Defendant challenged the legitimacy of the byelaw and the Harbour Master’s investigation into the alleged breach, but he was found guilty by the magistrates who ordered him to pay a fine and costs totalling almost £7,000.
Chris Tofts, Head of Marine Law at Stephens Scown (who acted for the Harbour Commissioners), said: “This case demonstrates that the Harbour Commissioners will ensure that the Padstow Harbour byelaws are enforced, for the benefit of all harbour users, through prosecution if necessary. It is hoped that this case acts as a deterrent against future breaches.”
Harbour Master Bryn Phillips commented: “Given that previous warnings to this individual had failed to prevent breaches of the byelaw, the Commissioners decided to bring a prosecution.
“The purpose of enforcement is to regulate the use of the harbour and harbour estate to enable business to be conducted efficiently and safely to protect harbour users, local residents and visitors to Padstow and safeguard the environment.”