A PLEA for an amicable solution to be reached over future sales of fuel to fishermen in Looe has been made in the wake of a High Court ruling against the port's harbour commissioners. But it is anticipated that any solution will depend on the outcome of a further court case due to be heard in the County Court in June to settle the question of whether or not the commissioners have to grant a tenancy to Looe Fuels for its operation on Looe's quayside. Mr Justice Burnton sitting in the High Court in London last week ruled that Looe Harbour Commissioners had been acting unlawfully by selling fuel from a recently installed tank on the harbourside after trebling the rent it charged to rival supplier Looe Fuels for the land on which the company's tank stands. The court heard that the commissioners then went on to seek to take over the supply of fuel to the town's 120 fishermen, saying that if Looe Fuels continued to provide diesel, passing on the increased rental through higher fuel charges, it would be of 'disbenefit to the catching sector'. The commissioners said that as a registered charity they sold diesel on a non-profit basis. Looe Fuels challenged the commissioners' position saying that as a result of legislation dating back to 1848 the harbour authority did not have the right to take over the supply of fuel. However, it was pointed out on behalf of the commissioners that while there was no specific power under the 1848 legislation this was not surprising as fishing vessels would have been wind-powered in those days. In his judgement, Mr Justice Burnton said the commissioners had acted unlawfully and outside their powers as the supply of fuel was not 'incidental or necessary' to the shipping or landing of goods and that the commissioners' business was the maintenance and improvement of the harbour. 'That function does not include the purchase and sale of fuel,' he said. Amicable In a statement issued after the hearing, Looe Harbour Commissioners said they, with the support of the Looe Fishermen's Protection Association (LFPA), an association representing the majority of the fishermen operating from the port, have always looked to achieve an uninterrupted and low-cost fuel supply to the fishermen of Looe. They pointed out that the LFPA, many of whose members are shareholders of Looe Fuels, presented the commissioners with a petition supporting their position. 'This judicial review has merely directed that the Harbour (Commissioners) should not sell fuel directly,' said the statement. 'The commissioners, as a charity, remain keen to protect the supply of fuel to the fishermen of Looe.' Mike Soady, a shareholder and director of Looe Fuels told the Cornish Times he hoped an amicable solution to the dispute could be found. 'I don't know what is going to happen next,' he said. 'We tried to get a resolution earlier this year without success.' Bill Hocking of the LFPA said the outcome of the case was not, as had been suggested by some people, a victory for Looe's fishermen, 99 per cent of whom supported the commissioners stance on the fuel supply issue.
