Licensing laws and floating bars
The news that Mitchells & Butlers is seeking to cast off the Queen Mary at Waterloo reminds me of the changed legal status of boats under the new licensing laws.
This Queen Mary is, of course, not the big ocean liner. But it is still a floating vessel and as such might have enjoyed an exempt status under the old law, as several Thames river steamers and others did prior to 2005. Once they were afloat and cruising, the licensing laws did not apply and they could sell alcohol freely at any time.
I rather think that the Queen Mary was not exempt, because it was permanently moored and, therefore, came under the definition of "premises", even according to the old licensing laws. So it will have had a justices' licence, which was converted during transition.
What happened with cruising boats was different. After the Marchioness tragedy the mood changed, so much so that all boats are now to be considered as "premises" for licensing purposes, whether they are permanently moored, like the Queen Mary, or not. A special section of the Licensing Act states that any vessel not permanently moored or berthed is to be treated as "premises" situated at the place where it is usually moored or berthed.
So the owners or operators have had to apply to the licensing authority of the boat's "home port" to obtain a premises licence. For inland cruising vessels, this may not technically be a port, but the place where the boat is normally moored or kept when it is not on charter on the river, canal or lake.
The licence may be made subject to conditions relevant to the licensing objectives in relation to licensable activities, but the statutory Guidance stresses that marine safety matters are in the hands of other agencies.
The only other question is the fee. As vessels have no rateable value, they fortunately fall within the first fee band for all purposes; so the application fee will be £100 and the annual fee £70.
There is one major exception to the licensing system, which preserves the previous situation, and that concerns vessels engaged on international journeys, such as cross-channel ferries and cruise ships.
The 2003 Act states that the sale of alcohol will not be considered a licensable activity if it takes place during such a journey, and this includes the berthing time when passengers are allowed on board, either at the start or at the end of
the journey.
