Paul Davies leaves Bath

Published: Thursday, 16 June 2011

THE continuous moorer, Paul Davies, who fought to stay moored in Bath on a continuous cruiser licence without either moving the required distance or having a paid mooring, has finally gone.

Providing a boater with a continuous cruiser licence moves the required distance within each 14 days period, he or she does not have to have a paid mooring. Many boaters accept this as an inexpensive way of boating, and keep to the rules.

Refused

But Paul Davies did not. He wanted to stay moored bank side in Bath without either paying for a mooring or moving the required distance, so he refused to do either but became involved in a court case, that, as readers who have been following the case in narrowboatworld know, he lost.

Local newspapers took up the story of him losing his home and being unable to get to work, but ignored the fact that he was little more than a freeloader, wanting a mooring for nothing, and at the same time bringing genuine continuous cruisers into disrepute.

No precedent

But British Waterways made the mistake of pointing out that the court case, held in a county court, set a precedent, and our Allan Richards pointed out did not, pointing out that whilst the county court is bound by all decisions of the higher courts, its own decisions never create precedents.

Paul had until the end of this month to either move his boat within the rules or find a permanent paid mooring, and has done the latter, having now left Bath and the Kennet & Avon Canal with his boat, and has a mooring on the Grand Union Canal.

Proved correct

The case turned on whether British Waterways' interpretation of a law enacted in 1995 which covers continuous cruising licences was correct, and has proved to be so, with a judge confirming that continuous cruiser licence holders must be 'engaged in a genuine progressive journey' rather than be able to concentrate their journeys in one limited geographical area.

Paul moved his boat on which he lives every 14 days, but only within the same 12 miles length of the Kennet & Avon Canal.

Clarification

British Waterways has now published clarification of its continuous cruising guidelines for the boaters who hold such licences, to stress the scope of a continuous journey, with a spokesman relating:

"Live aboard boaters can be a huge asset to the waterways. Valuable as they are, this does not give them the rights to occupy a particular length of towpath mooring for long periods of time. To stay in the same place, boat owners need to find, and be prepared to pay for, a long-term mooring."