Sandwich Bay
Sailing & Water Ski-ing Club
CLUB
RULES
(AGM
2016)
NAME AND
OBJECT & CONSTITUTION.
1. The name of the Club is "The Sandwich
Bay Sailing and Water Ski-ing Club" and the club colours shall be blue and yellow.
2. The object for which the Club is formed is
to promote and facilitate all water sports. These include, but are not limited
to, sailing, water-skiing, fishing and the use of power boats and other small craft.
MEMBERSHIP
3. Membership
of the Club shall be open to anyone interested in sailing, board sailing, boat
fishing, water ski-ing, and the use of small boats, on application regardless
of sex, age, disability, ethnicity, nationality, sexual orientation, religion
or other beliefs.
4. A candidate for membership
shall send to the Membership Secretary a form
setting out his or her name and address and any other particulars the
general committee shall require, and containing the signatures of
two Full Members in support as proposer and seconder. The proposer
and seconder shall be Full Members of at least twelve months standing and
shall not be members of the same family. The said form shall
be prominently displayed in the Club premises for at least fourteen days
before the election takes place. It may be possible to fast track the
application if the applicant/s can arrange to meet a member of the Committee at
the Club and if the Committee Member can contact at least six other Committee
members, who agree to accept the application. The decision will then be
ratified at the next Committee Meeting. Persons who are candidates for membership have no privileges
whatsoever in relation to the use of the Club or its members.
5. Election of Candidates to membership
shall be by simple majority vote at a meeting of the general committee.
6.Honorary Members may be elected by the Club in general meeting
following a recommendation by the general committee but the total number of
such Honorary Members shall not at any one time exceed five percent of
the total number of all members.
7. Single Membership means a full member of 18
years of age or over on March 1st.
8. Full
Membership shall include two adults and their children
under 18 years of age on March 1st. Both members shall be full
members of the Club. If a Full Member shall pay an additional
subscription as determined under rule 16 (a) “The children of a Full Membership
on reaching the age of 18 years of age by March 1st shall become Full Members
or Student Members, without the payment of an entry fee." Student Members shall be those Members of 18
to 24 years of age on March 1st who are in full time education and supported by
their family. They have the same privileges as Full Members.
Children aged 16 and under must be accompanied and
supervised a family member over the age of 18 or by a full member of the Club.
9. Spare number
10. Second Club Membership shall be open
to candidates who are paid up members of a Royal Yachting Association
(RYA) affiliated club and wish to take part in the sporting activities
of the club and may compete for club trophies. They shall be proposed
accordance with Rule 4. They shall have
no voting rights.
11. All members
must be aware of and comply with the Club’s current Codes of Behaviour for Club
Members.
12. Any member may introduce as his or her guest any person, provided
that the member so introducing enters the name and address of the
said guest in a book kept for such a purpose and at no time leaves the
Club Premises while the said guest is thereon. No Membership may
introduce more than four adult guests in any one-day and the same guest more
than four days in any one year.
No guest may purchase intoxicating
liquor on the Club premises except under the provision of Rule 32.
13. Any member desirous of retiring from the
Club shall notify his or her intention to the Honorary Secretary on or before March
1st otherwise he or she shall
be liable for the next year's subscription.
14. Every Member on joining the Club
impliedly undertakes to comply with these rules and any refusal or neglect
to do so or any conduct which in the opinion of the general
committee is either unworthy of a member or otherwise injurious
to the interests of the Club shall render a member liable
to expulsion. Before expelling a member the committee shall call upon
him or her to give an explanation of his or her conduct and shall
give him or her an opportunity of defending themselves or of resigning his or
her membership. The vote on a resolution for expulsion shall be by ballot
and the resolution shall only be carried if not less
than three-quarters of the members of the general committee present vote
in favour of the resolution.
15. Child
Protection Policy: Club Policy Statement is as follows:
(a) The child’s welfare is
paramount.
(b) All children whatever their
age, culture, disability, gender, language, racial origin, religious belief
and/or sexual identity, have the right to protection from abuse.
(c) All suspicions and
allegations of inappropriate behaviour will be taken seriously and responded to
swiftly and appropriately.
(d) As defined in the Children
Act 1989, anyone under the age of 18 years should be considered as a child for
the purposes of this document.
Child
Protection Co-ordinator:
The club committee
appoints a Child Protection Co-ordinator who will ensure that the organisation
has an up to date policy with procedures to support it; and that relevant
volunteers understand the procedures and put them into practice; to receive
reports of any concerns or allegations; in conjunction with the person in
charge (Commodore, and/or Officer of the club), to decide on the appropriate
action to be taken; and to keep the club informed at all times.
ENTRANCE FEE
AND SUBSCRIPTIONS
16. (a) The Annual
Subscription for each class of Membership shall be determined by the
general committee and submitted to the Annual General Meeting each year and
details shall be posted in the clubhouse. There shall be an entrance fee
of such a sum, as the general committee shall from time to time prescribe.
(b) Subscriptions shall be payable on election and on March
1st each year.
(c) New Members shall pay their subscriptions by Standing
Order wherever possible.
(d) A
powerboat member being a member, whose boat is propelled primarily by
engine, shall pay the subscription rate equal to that of Family Membership
and is entitled to nominate the names of their “family” in as much as they can nominate one
additional adult and children, belonging to either or both of the adults
concerned.
17. (a) Any Member who has not paid his subscription by May 1st
shall be requested in the name of the general committee, to pay the
same within fourteen days and if his subscription is not paid by May 31st
his name may be removed from the list of Members by the general committee.
A Member's name may be restored at the discretion of the general committee.
(b) No Member shall in any year be entitled to exercise any
rights and privileges of Membership until his entrance fee and
subscription for the year and all arrears (if any) are paid.
(c) A Member elected after October 1st in any one
year who shall have paid his subscriptions for the year shall
not be required to pay any subscriptions for the following year.
TRUSTEES.
18. (a) There shall
be at least three Trustees of the Club who shall be appointed from time
to time by a general meeting of the Club from among the full membership
and who are willing to be so appointed (excluding junior members).
(b) The Trustees shall hold all property of the Club, including land and
investments for the time being, in their own names as far as is necessary
and practicable, on trust for the use and benefit of the Club. On the
death, resignation, or removal from office of a Trustee, the Committee
shall nominate a new Trustee in his place, and shall as soon as possible
thereafter take all lawful and practicable steps to procure the vesting of
all Club property into the names of the Trustees as constituted after such
nomination. For the purpose of giving effect to any such
nomination, the Honorary Secretary
for the time being is hereby nominated as the person to appoint new
Trustees
of the Club within the meaning of Section 36
of the Trustees Act 1925 and he shall by deed, duly appoint the person or
persons so nominated by the Committee.
(c) The Trustees shall in all
respects, act in regard to any property of the club held by them and
in accordance with the directions of the Committee, and shall have
power to sell, lease, mortgage or pledge any Club property so held for the
purpose of raising or borrowing money for the benefit of the
club in compliance with the Committee's directions (which shall be duly
recorded in the minutes of proceedings of the committee) but no purchaser,
lessee or mortgagee shall be concerned to enquire whether any such
directions have been given.
(d) The Trustees shall be effectually indemnified by the Committee
out of the assets of the Club from and against any liability, costs, expenses
and payments whatsoever which may be properly incurred or made by them in
the exercise of their duties or in relation to any property of the Club vested
in them, or in relation to any legal proceedings, or which otherwise relate
directly or indirectly to the performance of the functions of a Trustee of the
Club.
OFFICERS
19. (a) The Officers of the Club shall consist of
a:
Commodore. Vice
Commodore.
Rear Commodore
Sailing. Rear Commodore Water Ski-ing.
Honorary Secretary. Honorary
Treasurer.
Chairperson of House
Committee.
Bosun. Bar
Manager.
Officers shall be elected at the Annual General Meeting and each year to hold
office until the conclusion of the next Annual General Meeting. The retiring
officers shall be eligible for re-election.
(b) No candidate for election to any office (other than the retiring
officers) shall be proposed unless the name of candidate and of his
proposer shall have been sent to the Honorary Secretary at least 21days
prior to the Annual General Meeting.
GENERAL
COMMITTEE.
20. (a) The General Committee shall
consist of the officers, ex-officio together with one sailing member, one
water skiing member, one member with fishing interest, and not more than
five members of the club. Members are elected by the club in general meeting
and to hold office until the conclusion of the next Annual General Meeting.
(b) Candidates for election to the general committee shall be:
(i) members of the retiring general committee who shall offer
themselves for re-election and who have
served less than five successive years on the committee
(for this purpose years as an officer shall not count) and
(ii) other such members whose nominations duly proposed and
seconded by members of the club in writing shall have been sent to the
Honorary Secretary at least 21days prior to the Annual General Meeting.
(c) If a casual vacancy occurs by the death or resignation, the general
committee may co-opt a member to fill the vacancy and in addition, may
invite any member to attend a general committee meeting for a specific purpose.
(d) If the number of candidates duly proposed and seconded exceeds the
number of vacancies to be filled, the election shall be by ballot.
(e) Six members of the general committee shall constitute a quorum except
for the election of Full Members when it shall be eight.
(f) A committee member not attending four consecutive meetings within
the club year without good cause shall be considered as having resigned from
the committee. Their position can then be filled in accordance with Rule 20
sub. Paragraph (c). The final decision will be at the discretion of the
committee and the member to be notified accordingly.
SUB-COMMITTEES
21. The General committee may appoint
such sub-committees as it may think fit provided that the Chair person of each
sub-committee shall already be a member of the general committee.
DISSOLUTION
OF THE CLUB
22. If,
upon the winding up or dissolution of the club, there remains after the
satisfaction of all its debts and liabilities any property whatsoever, the same
shall not be paid to or distributed amongst the members of the Club. It shall
be given or transferred to some other institution or institutions having
objects similar to the objectives of the
Club, such institution or
institutions to be determined by the members of the club by Resolution passed
at a General Meeting at or before the time of the dissolution. If so by far as,
effect cannot be given to such provision then to some charitable object.
23. SPARE NUMBER
MANAGEMENT OF THE CLUB.
24. (a) The general committee according to
these rules shall wholly manage the affairs of the Club. Such committee shall
apply the funds of the club in such a manner as complies with Rule 34 and
shall make such by-laws, rules and regulations as it thinks fit regarding the
management of club premises. The members of the club may in general meeting
reserve the management of such affairs as they think fit, to a general meeting.
(b) It shall be the responsibility of the Honorary Treasurer to keep a
complete and accurate account of the club's finances.
(c) The general committee may remove at
any time without a reason given, any member from any
position which he or she may hold within the club or its committees.
HONORARY
AUDITOR.
25. At the Annual General Meeting in each year
there shall be appointed an Auditor whose duty it shall be to audit the
accounts of the club for the then current year. A copy of the audited accounts shall
be prominently displayed in the club premises for at least seven days immediately
prior to the Annual General Meeting. In the event of the person
appointed as Auditor being unwilling or unable to act the general
committee shall appoint a substitute.
GENERAL
MEETINGS
26.The Honorary Secretary shall give to each member at least 28days
notice of the Annual General Meeting which shall be held on some day,
to be fixed by the committee, but likely to be the day of the Laying Up
Supper.
The
financial year of the club shall end on 31st July.
Business at such meetings shall consist of
the passing of the accounts and the election of the officers, general
committee and the appointment of the Auditor, and any business that
the general committee may order to be inserted in the notice
of the meeting, together with any other
business of which notice thereof has been given to the Honorary Secretary
at least 21 days prior to such meeting.
27. (a) The General Committee may at any time
call an Extra General Meeting (EGM) of the Club for any specific business.
The discussion at such a General meeting shall be confined to the
business stated in the notice sent to members.
(b) 30 Members or if the total membership of the club is
less than 150, one fifth of the said total, may join
together and summon the Honorary
Secretary to give notice as hereinafter mentioned, a General meeting.
28. (a) The Honorary Secretary shall at
least seven days before the date of the Annual General Meeting or
any General Meeting, post, deliver, send by electronic mail (e-mail) or by
facsimile transmission (fax), to each member a notice of the business to be
brought forward thereat.
(b) At the Annual General Meeting or a general meeting of the
club, each member (other than a Junior Member) shall have one vote. Junior
Members shall be entitled to attend such meetings but shall have no vote. In
the case of an equality of votes the Chairperson shall have a second and
casting vote.
SUPPLY OF
INTOXICATING LIQUOR.
29. General meeting or the general committee
shall exclusively control the purchase for the Club and the supply by the Club
of intoxicating liquor. No Junior Member may purchase or attempt to
purchase intoxicating liquor within the club premises. Intoxicating liquor
shall be supplied on the club premises to members within the hours, known
as the permitted hours, fixed by the general committee and notified
to the Licensing Justices. The permitted hours shall be within the
provisions of the Licensing Acts. While in the Clubhouse or patio area, only
drinks purchased from the club bar may be consumed whilst the Bar is open.
MISCELLANEOUS.
30. A member of any club recognised
by the Royal Yachting Association (a list whereof is contained in a
publication of the said Association) may be authorised to use the premises
of this club by any member of the general committee of this
club. Such authorisation shall specify between which dates
not being more than 14 days apart the said person/s may use the
premises.
31. Any person who is a competitor in any
race sponsored or organized by or on behalf of the Club and any person who
is a member of the crew of such a competitor for the purposes of the
race is entitled to use of the Club premises within a period of
twenty-four hours before and after the day of the race in which they are
competing.
32. Intoxicating liquor may be sold for
consumption on the premises by those persons over the age of 18 years
who are entitled to the use of the premises of the Club in
pursuance of Rule 30 and 31.
33. The Honorary Secretary or any other person
who has received the authority of two members of the general committee
may expel temporarily or permanently any persons who has the right
to use the Club premises, only under Rule 30 and 31.
34. No money or property of the Club or any gain arising from carrying
on of the Club shall be applied otherwise than for the benefit of the Club
or for a benevolent or charitable purpose to be nominated by the general
meeting.
(a) The
property and funds of the Club cannot be used for the direct or indirect
private benefit of members other than as reasonably allowed by the Rules and
all surplus income or profits are reinvested in the club.
(b) The
members may vote to wind up the Club if not less than three quarters of those
present and voting support that proposal at a properly convened general
meeting. The Committee will then be responsible for the orderly winding up of
the Club’s affairs. After settling all liabilities of the Club, the Committee
shall dispose of the net assets remaining to one or more of the following:
(i)
to another Club with similar sports purposes which is a registered
charity and/or
(ii)
to another Club with similar sports purposes which is a registered
Community Amateur Sports Club (CASC) and/or
(iii) to the Club’s governing body
for use by them for related community sports, as nominated by the General Meeting.
35. Members may not bring their boats on the
Club property unless they are indemnified against third party risk to
the sum of £2,000,000 or as amended
at the direction of the club committee.
36. Abandoned boat/property on Club premises: The Committee shall
be entitled, upon giving one month's notice in writing to a former
member at his last known address shown in the register of members, to sell
the boat/property and deduct any moneys due to the Club (by way of Bar
Bill, subscription or otherwise) from the net proceeds of the sale, before
accounting the balance to the former member. The sale will be by
auction, which will be published in the local press and no reserve will be
put on the property thus sold. If the committee deems the boat
to be worthless, it may dispose of it without publishing the article in
the press. If the committee deems the boat/property to be in danger to
third parties or Club members, it may dispose of it immediately without
reference to the member owner.
37. The boat
park is intended for members who are actively using their boats on the water.
If the committee deems the boat park is being used purely as a storage facility
e.g. a boat that has been inactive for 12 months, a charge of £500 will be
requested, at the discretion of the Committee. If this fee is not paid within
two we will consider the boat to be
abandoned and refer to rule 36.
NEW RULES,
AMENDMENTS, AND ALTERATIONS.
38. (a) Notice of any alterations or addition
to the rules intended to be proposed by a member of the Club shall be
given to the Honorary Secretary in writing at least 21 Days before the
Annual General Meeting or any general meeting at which the same is to
be bought forward, and full particulars or any such proposed
alterations or additions shall be sent out in the notice convening the meeting.
(b) All such proposed alterations or additions and any
amendments to them which may be proposed and seconded shall be put to
the vote of the meeting, and provided that on a show of hands, or if
demanded, on a poll, a majority of two-thirds of the votes of those members
present and voting shall be cast in favour of any proposed alterations or
additions or amendments then the same shall be deemed to be carried.
(c) The Honorary Secretary
shall notify changes in the Rules to the Dover District Council Licensing department, and to the Police, within
28 Days of their making.
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