Rothesay and North Bute boat owners defy Crown Estate attempt to pull up moorings in Rothesay Bay

The Crown Estate has been attempting for several years to impose charges on Bute residents for use of the sea bed through mooring their boats in Rothesay Bay. Its efforts have been skilfully resisted by using the authority of the Royal Charters granted to Rothesay in 1400 and 1584. Malcolm MacMIllan, who has led on this tactic, says the Crown, in these charters, gave up the rights to charge for the sea bed to “provosts, bailies, burghers and inhabitants”, giving free entry for ships and boats.

Following its failure to defeat the local boatowners on this tack, the Crown Estate has now applied to the Court of Session in Edinburgh for permission to lift ‘unlicensed moorings’

Boatowners have held a meeting at short notice in Port Bannatyne, led by Harry Ellis, to agree a legal opposition to this move. Mr Ellis said there was a groundswell of opinion that the Crown Estate shouldn’t be allowed to roll over the bay’s mooring-holders in this way.

He proposed that the group apply to the court for an amicus curiae, an advocate acting as a sort of independent adjudicator. This would cost up to £1,000 where fighting the case outright would, if they lost, require the group to pay half of the Crown Estate’s legal costs. Mr Ellis estimates that contributions of £75 per head would cover costs to date and those relating to the appointment of the amicus curiae. The difference between this and the eventual total would be divided between all those involved.

John Young, another boatowner who was the first to pledge support to Mr Ellis, underlined the fact that ‘… a marina developer or anyone else negotiating commercial use of the sea bed is quite different from us as, ‘inhabitants’, mooring our boats’.

At the end of the meeting Mr Ellis made a plea for anyone with a mooring in the area covered by the Charter in Rothesay or North Bute to contact him at Flat 1/2, 28 Marine Road, Port Bannatyne or to call John Young on (01700) 502960 to pledge financial support.

Any moral and/or financial support you might care to offer would be very much welcomed by this group.