The IOM Today website has reported that two brothers have won a High Court bid to quash the suspension of their fishing licence.

The brothers Iain and Robert Quine, of Castletown, Isle of Man, were fined a total of £30,000 last year for breaching Manx fishing regulations.

In a move after the case,  the Department of Environment, Food and Agriculture (DEFA) tried to suspend the sea fishing licence on the brothers boat, ‘Nancy Ellen’ CT 58, for three months 

Ian and Robert Quine took the case to court, claiming the suspension breached their human rights and amounted to a contravention of the double jeopardy rule as they had effectively been punished twice for the same behaviour.

Deemster (a High Court Judge in the Isle of Man) Andrew Corlett said DEFA was not entitled to suspend the licence given the claimants had already received a substantial fine. 

The court heard that the Quines had fished for crab, lobster and whelks for the past 35 to 40 years, in continuation of a business originally started by their father in the 1960s.

In July last year, the pair admitted exceeding the permitted number of lobster and crab pots allowed for a boat.

They also admitted not having the necessary pot tags on some pots being used.

The regulations state that there is a maximum number of pots per licence of 500, of which up to 300 can be used within a three-mile limit.

However, on April 9, the ‘Nancy Ellen’ CT58, was found to be 260 pots over the limit.

The two men were given until January 31 this year to pay the fine.

DEFA officers, who were present at the High Bailiff’s court, gave no indication at the hearing that they were considering suspending the licence.

The three month suspension beginning in July 2019 would have involved a large reduction in income, since this is the best time of year to fish for crab and lobster. 

The Quines claimed DEFA’s decision to suspend their licence was unlawful as they had been sentenced by the High Bailiff only days earlier.

In their defence they said they were given no opportunity to make effective representations against the proposed suspension.

Source: Isle of Man Today

IOM Brothers win High Court decision against Licence Suspension

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