DETERMINATION OF SEA-FISHING BOAT LICENSING APPEAL
UNDER SECTION 16 OF THE FISHERIES (AMENDMENT) ACT 2003
APPELLANT: MICHAEL FARREN, 14 NASHVILLE PARK, HOWTH, CO.DUBLIN
BOAT : 'BEAL LINN'
REF NO: 1110
SOLICITOR : MCGINLEY SOLICITORS,
COUNSEL PAUL O'NEILL BL.
DECISION: The appeal is granted.
REASON FOR DECISION:
The licence had been refused on the basis that Mr Michael Farren had a fishing boat on the Irish Fishing Boat Register since January 1990, 'THE TORFNESS'.
Oral evidence was given by the appellant that there were generations of fishermen in family
Howth Based/ Personally left school, Born '68 left school at age 14/15 as he wanted to be a fisherman. Fished with father during the summer etc. First employed in the industry with Ted Dickson on the Santa Maria, where he worked for approximately 6 years.
Late 80's the Boat Torfness was purchased by father. The boat, before the purchase, was used for diving before they changed it to a fishing boat. Michael Farren had no part in the purchase of the boat which was purchased in 1987 approximately. The boat was then registered in 1st July 1990.
Price was approx £9,000 Father purchased it – appellant, Michael Farren was not involved in the purchase. The vessel was registered in the appellant's name because he had a “skipper's ticket” i.e. A certificate of competence to skipper boats. Copies of the certificate were shown. The appellant still holds this certificate. The father of the appellant was not able to read or write so did not have a certificate of competency although he had been at sea for approximately 60 years in total.
After the boat was purchased, in the early days, the appellant was fishing on another boat. In the late 90's his father became ill and he helped his father out on the boat. The boat was later sold in haste because of the illness of the father. It was not sold willingly and the proceeds of the sale went to mother.It was the father's decision to sell the boat. There was also an independent letter dated the 21st July 2004, from a fishing company Binn Eadair Limited that the father had sold the Torfness indicating that he was the true owner of the vessel.
Evidence was also given by Mr Aidan Hodson registrar general that the Sea Fisheries Act requires application from legal and beneficial owner. Done on that basis. Provision of Section 4, 2003 Fisheries (Amendment) Act states that the applicant for a licence should be the owner of the vessel and SS 10 deals with beneficial ownership of a vessel, where licensee is not the beneficial owner of a boat.
There were legal submissions from Paul O'Neill BL who cited Bell 1989 and Chapter 7 of Powell on beneficial ownership that the vessel the 'TORFNESS', was actually held by the appellant on constructive trust for his father.
I am satisfied that on the basis of the aforesaid reasons for the registration of the vessel and the submissions of counsel that the true owner of the 'TORFNESS' was actually the father of the appellant (now deceased).
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Michael Vallely BL
APPEALS OFFICER
19 December 2005