Harbours Advisory Committee

29 June 2026

Marine Compliance and Enforcement Policy Report

For Recommendation to Cabinet Member

Cabinet Member:

Cllr J Andrews, Place Services

Local Councillor(s): All Councillors

Senior Leadership Team:

J Britton, Executive Director for Place Services

Report author and job title: Ed Carter – Dorset Council Harbours Manager and Weymouth Harbour Master

Email: ed.carter@dorsetcouncil.gov.uk

Statutory Authority: Weymouth Harbour Revision Order 2021 and the Lyme Regis, Bridport (West Bay), and Weymouth Harbour Revision Order 2026.

Report status: Public Choose an item.

Executive summary

This report presents the draft Marine Compliance and Enforcement Policy for Dorset Council’s statutory harbours. The Policy sets out how the Council will regulate harbour activities, promote compliance, and apply enforcement consistently across Lyme Regis, Bridport (West Bay) and Weymouth. It aligns with Dorset Council’s corporate enforcement principles and national regulatory standards and has been developed in response to a PMSC audit finding which identified the need for a more specific marine‑focused enforcement framework.

Recommendation

2.1	That the Harbours Advisory Committee consider the Marine Compliance and Enforcement Policy and recommend it to the Cabinet Member for Place Services for adoption.

Reason for the recommendation

A recent PMSC audit highlighted that, although Dorset Council maintains a corporate General Statement of Enforcement Policy, a marine‑specific enforcement policy was required to ensure clarity, proportionality and consistency when regulating harbour activities. The new Policy provides this framework, setting out enforcement principles, powers and processes tailored to the marine environment and the statutory duties of the Harbour Authority. Adoption of the Policy strengthens compliance with the PMSC and supports safe, fair and effective harbour management.

The report

Dorset Council, as Statutory Harbour Authority for Bridport (West Bay), Lyme Regis and Weymouth, has duties relating to safe navigation, environmental protection and efficient harbour management. The Marine Compliance and Enforcement Policy has been developed to clearly articulate how the Council will discharge these responsibilities and regulate harbour activities through local legislation, General Directions, Special Directions and national marine law.

The Policy aligns directly with the Council’s corporate enforcement principles, such as consistency, proportionality and transparency, as well as statutory frameworks including the Regulators’ Code and the Legislative and Regulatory Reform Act 2006. It sets out an approach that prioritises education, dialogue and support for harbour users while ensuring that proportionate enforcement options remain available where required.

Development of this Policy responds to a finding from a recent PMSC audit, which identified the need for a more specific marine‑focused enforcement document to supplement the Council’s general corporate enforcement policy. By clearly defining expectations and the enforcement tools available, the Policy strengthens Dorset Council’s Marine Safety Management Systems and supports ongoing PMSC compliance.

The Policy describes the range of enforcement actions available to the Harbour Authority and the considerations that determine their use, including risk, seriousness, intent and public interest. This ensures that enforcement is applied fairly, consistently and in a manner proportionate to the harm or risk presented.

Finally, the Policy sets out the local statutory instruments relevant to each harbour, including the Weymouth Harbour Revision Order 2021, the new Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026, and the use of General and Special Directions. Adoption of the Policy will provide clarity for both officers and harbour users while enhancing safety, compliance and accountability across all Dorset Council harbours.

The draft Marine Compliance and Enforcement Policy can be seen at Appendix One.

Alternative options considered

5.1	None.

Legal considerations

Dorset Council is the Statutory Harbour Authority for Weymouth, Bridport (West Bay) and Lyme Regis and is legally responsible for ensuring safe navigation, environmental protection and proper regulation of harbour activities. This Policy reflects the enforcement powers available under multiple statutory instruments, including the Harbours Act 1964, the Harbours, Docks and Piers Clauses Act 1847, the Dangerous Vessels Act 1985, and relevant Merchant Shipping legislation.

The Policy also operates under, and must be consistent with, the Council’s corporate General Statement of Enforcement Policy, as well as national frameworks such as the Regulators’ Code (2014) and the Legislative and Regulatory Reform Act 2006. These set out the required principles of fairness, proportionality, accountability and transparency, which the Harbour Authority must follow when applying regulatory or enforcement measures.

By adopting a clear marine‑specific enforcement policy, the Council strengthens its compliance with the Ports & Marine Facilities Safety Code, which expects harbour authorities to maintain appropriate and documented enforcement arrangements. Failure to do so could create legal risk, particularly in relation to demonstrating due diligence following incidents or enforcement challenges.

Financial implications

There are no new financial implications arising from the adoption of the Marine Compliance and Enforcement Policy. The policy formalises existing enforcement powers, principles and processes already available to harbour staff under current legislation and corporate enforcement frameworks. All compliance, engagement and enforcement activity will be undertaken within existing service budgets.

While the Policy clarifies the potential use of tools such as written warnings, investigations and prosecutions, these activities are already part of the Harbour Authority’s statutory functions. Any costs associated with enforcement action will therefore continue to be managed within current operational resources, with prosecution costs pursued in line with established Council procedures where appropriate.

8.	Natural environment, climate & ecology implications

8.1	There are no climate implications linked to the subject of this report. However, the Harbours aim to meet the targets of the Dorset Council Climate and Ecological Emergency Strategy. Adopted by Dorset Council in July 2021, the Climate and Ecological Emergency Strategy sets out a framework for action to become a carbon neutral Council and the direction of travel needed for a County-wide approach. Harbours have an important role in helping to deliver some of the goals set out within the strategy and will aim to reduce their carbon footprint in line with that of other Council Services.

9.	Well-being and health implications

9.1	There are no wellbeing and health implications resulting from the subject of this report. However, established safety management systems at the harbours support the ongoing health and well-being of harbour users and harbour employees.

10.

Other implications

10.1	None.

11.

Risk implications

11.1	HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk: Medium

Residual Risk: Low

12.

Equalities

12.1	There are no equalities impact issues resulting from the subject of this report.

13.

Appendices

13.1	Appendix One - Marine Compliance & Enforcement Policy

14.

Background papers

14.1	None.

15.	Report sign-off

15.1	This report has been through the internal report clearance process and has been signed off by the Director for Legal and Democratic (Monitoring Officer), the Executive Director for Corporate Development (Section 151 Officer) and the appropriate Portfolio Holder(s).