Article 5 Application for a licence, licence terms and duration of licencesI1
England and Wales
Applications to the Authority for a licence to dredge, fish for or take cockles within the regulated fishery (“a licence”) must be made within the application window and in such manner as the Authority may determine.
The Authority may only issue one licence per person.
A licence is valid for 12 months from the date specified on the licence and can be renewed annually for a period of 7 years in accordance with paragraph (6).
A relevant fishing vessel named on a licence must be owned by the licence holder.
Only one relevant fishing vessel may be named on a licence at any one time.
Subject to paragraphs (7) to (10), for a period of up to 7 years beginning with the date the licence was first issued, the Authority must renew a licence annually upon an application by the licence holder made in such manner as the Authority may determine.
If the licence holder fails to apply for an annual renewal of a licence within 4 weeks of the licence’s expiry, the right of renewal for the remainder of the 7-year period applicable to that licence is lost.
In the event a right of renewal under paragraph (7) is lost, the Authority may reissue the licence to another applicant in accordance with the procedure prescribed by the Authority, including the right to annually renew that licence for the remainder of the 7-year period.
If a person named as the nominated master of a licensed vessel is found guilty of any combination of two or more fisheries or relevant offences within any consecutive 2-year period, that person must not be named as the nominated master on a vessel operating under the authority of a licence issued under this Order for a period of 12 months, beginning with the date of the last relevant conviction.
If, within any consecutive 2-year period, the licence holder is found guilty of two or more relevant offences—
that licence holder’s licence is suspended for 12 months, beginning with the date of the last relevant conviction, and
the licence holder loses the right to fish within the regulated fishery during the suspension period.
The Authority may attach conditions to a licence as set out in Schedule 3.
A person (“P”) is not eligible to be issued with a licence or to have a licence renewed under this article before 18th December 2031 if—
P, or a shareholder or officer of P, was on 30th January 2024 a shareholder or officer of a company (“C”); and
C has been issued with a transitional period licence under article 6.
Annotations
Textual amendments
- F1
Art. 5(12) substituted (5.8.2025) by The Thames Estuary Cockle Fishery (No. 2) (Variation) Order 2025 (S.I. 2025/855), arts. 1(b), 2(2)
Commencement
- I1
Art. 5 in force at 18.12.2024, see art. 1(b)(ii)