The Chairwoman opened the meeting with a minute’s silence as a mark of respect for the two fishermen, Adam Harper who tragically lost his life and Robert Morley who was missing at sea following the sinking of the Brixham fishing boat the Joanna C.

To receive apologies for absence, including notifications of any changes to the membership of the Committee.

Apologies for absence were received from External Advisors Mr Day and Mr Young.

It was reported that, in accordance with the wishes of the Liberal Democrat Group, the membership of the Committee had been amended for this meeting by including Councillor Cowell instead of Councillor Carter.

To consider a report that seeks approval of the budget and harbour charges for Tor Bay Harbour.

The Committee considered the submitted report which provided members with the opportunity to review the level of harbour charges to be levied by Tor Bay Harbour Authority, on behalf of the Council as the Harbour Authority, for 2021/22 and to consider the Tor Bay Harbour Authority budget for 2021/22.  A revised Appendix 2 was circulated prior to the meeting.

Councillor Ellery proposed and Councillor Cowell seconded a motion as set out below:

(i)         that the recommendation of the Harbour Budget Working Party to increase harbour fees and charges by an representative average of 2.0%, as set out in Appendix 1 to the submitted report, be approved;

(ii)        that the proposed Harbour Authority budget for 2021/22, as set out in revised Appendix 2 to the submitted report and attached to these minutes, be approved;  and

(iii)       that the Harbour Budget Working Party continue to monitor the revenue budget and to recommend a budget for 2022/22.

During the debate Councillor O’Dwyer proposed and Councillor Bye seconded an amendment to the motion as follows:

(iv)       that the Committee note it is not meeting its duty as a Harbour Committee to ensure the funds are kept above the minimum contingency level.

On being put to the vote, an equality of votes was declared.  Therefore, in accordance with Standing Order A18.2, the Chairwoman used her casting vote, voted against the amendment and the amendment was declared lost. 

Councillor Ellery’s and Councillor Cowell’s original motion was then considered by the Committee which was agreed, as set out below:

(i)         that the recommendation of the Harbour Budget Working Party to increase harbour fees and charges by an representative average of 2.0%, as set out in Appendix 1 to the submitted report, be approved;

(ii)        that the proposed Harbour Authority budget for 2021/22, as set out in revised Appendix 2 to the submitted report and displayed at the meeting, be approved;  and

(iii)       that the Harbour Budget Working Party continue to monitor the revenue budget and to recommend a budget for 2022/22.

To note a report that identifies the overall budgetary position for Tor Bay Harbour Authority as at November 2020 compared with approved budgets.

Members noted the submitted report that provided details of projections of income and expenditure for the year 2020/21 compared with approved budgets.  The report identified the overall budgetary position as at the end of November 2020 to enable appropriate action to contain expenditure and maintain reserves at appropriate levels.

The Tor Bay Harbour Master highlighted to members that the level of Harbour Reserve was forecasted to be depleted by end of the 2020/21 financial year.

To consider a report that updates Members on the annual Port Marine Safety Code (PMSC) compliance audit.

The Harbour Committee noted the submitted report detailing the annual Port Marine Safety Code (the code) compliance audit undertaken by the Devon Audit Partnership.  Members noted the code was not mandatory and did not create any new legal duties, however the code represented good practice as recognised by a wide range of industry stakeholders and a failure to adhere to good practice may be indicative of a harbour authority being in breach of certain legal duties.

Members noted that the Devon Audit Partnership, the appointed ‘Designated Person’ had provided the opinion that Tor Bay Harbour Authority had remained compliant with the requirements of the code. 

To note the update.

The Head of the Tor Bay Harbour Authority presented the submitted report which updated the Committee on topical Port Marine Safety Code (PMSC) matters including accident or incident data.  The Committee noted the three main PMSC incidents as outlined in the submitted report. The Head of Tor Bay Harbour Authority advised the Committee that the recruitment of a dedicated Health and Safety Officer for the Harbour authority was underway and he was also liaising with the Police for a Maritime Support Officer to help reduce anti-social behaviour.

To note an amendment that has been made to the Harbour Committee’s Terms of Reference as set out in the Council’s Constitution.

The Committee noted a technical change to its terms of reference (as attached to the agenda), which arose from the annual Port Marine Safety Code compliance audit undertaken by the Devon Audit Partnership.

To note the minutes of the above Harbour Liaison Forums.

The minutes of the joint Torquay, Paignton and Brixham Harbour Liaison Forum held virtually via Zoom on 12 December 2020, as circulated prior to the meeting, were noted.