He said the authority could also struggle to fight off court action if there was an accident and might have to foot the legal bill itself as its insurers could refuse to pay out.
The stark warning came from Chris Lisher, a member of the Harbour Masters’ Association, who was called in by the council to audit harbour operations.
On Wednesday, councillors agreed to spend £31,000 as a matter of urgency on a raft of measures to ensure they complied with safety rules and regulations.
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Latest plans for a West Somerset tidal lagoon supported by MP Rachel GilmourIn a report to the council, Mr Lisher said: “I cannot emphasis strongly enough the risk the council currently faces if there is an accident in either harbour.
“There is little evidence of compliance with the Port Marine Safety Code or maintenance of either the assets or safety equipment and, consequently, it would be very difficult for a defence lawyer to justify any reduction in the blame so the council would bear significant financial liability.
“It is also possible that the council’s insurers would not pay any claim as it is evident that the council has not complied, in many ways, with the Port Marine Safety Code which is the industry recognised guidance.”
He said the Maritime and Coastguard Agency could audit the harbours and demand immediate improvements or close them at short notice.
He said neither harbour complied with the safety code at the time of his visit when it came to governance, organisation, policies, legislation, risk assessment, conservancy, enforcement or safety.
In addition, he raised a number of safety concerns which could cause “significant liability” for the council.
These included:
• Lack of warning notices.
• Steps at Minehead Harbour needed repairing.
• Railings required at Watchet Harbour if the quay wall berth was not used.
• Bolts or catches needed on gates at the top of ladders on the quay at Watchet to enable them to be secured.
Chris Hall, the council’s assistant director for operational delivery, told Wednesday’s full council meeting that responsibility for the operation and compliance of both harbours rested solely with the council.
“West Somerset Council must comply with the primary legislation and no allowance is made for the resources available to deliver it,” he said.
Full story in the Free Press.

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