CONSTITUTION | theetchinghamclub

Etchingham Sports & Social Club Constitution – Version 10 April 2013

ALL PREVIOUS RULES RESCINDED

1. NAME AND OBJECTS OF ETCHINGHAM SPORTS AND SOCIAL CLUB

(formerly known as Etchingham Club)

Name: The Etchingham Sports and Social Club (ESSC) situated at High Street Etchingham East Sussex TN19 7AD hereinafter referred to as ‘'The Club”.

The objects: Are to carry on the business of a members club and, in so doing, to promote by all proper means amateur sport in the form of but not limited to billiards, snooker, pool, cricket, darts, shove half-penny, golf & fishing, whilst being a focal point of Village life for the surrounding community.

a) Property and Funds

(i) 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, unless by prior Committee agreement funds

to a maximum of up to £1000. A larger sum by agreement at an Extraordinary General Meeting in any one year may be made available to charitable, community or sporting activities.

(ii) The Club may also indemnify the Committee and members acting properly in the course of the running of the Club against any liability incurred in the proper running of the Club.

(iii) The Committee will have due regard to the law on disability discrimination and child protection.

In the event of ‘The Club’ being dissolved all such property and assets shall after payment of the obligations of the Club shall be disposed of as follows:

a) 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.

b) The Trustees* (*or herein in this constitution document, if unavailable, a newly elected members’ representative group constituted) at the properly convened meeting described in (a) will then be responsible for the orderly winding up of the Club's affairs. These individuals will have a personal liability related to the club not exceeding £1.

c) After settling all liabilities of the Club, the Trustees* shall dispose of the net assets remaining to another Club, Sports based or a Local Community based institution. Such dissolution shall be under the direction of the Trustees*.

2. MEMBERSHIP

a) Election

Membership shall be open to all interested in the objects of The Club. Applicants for membership must be proposed and seconded by current members and confirmed by a quorum Committee meeting. The proposing and seconding members shall be able from personal knowledge to vouch for their respectability and fitness to be a member and to abide by the Rules of the club or hereafter, in force, in the event of them being elected a member.

Any member who is of the opinion that any candidate so proposed would not be a desirable member shall inform the Secretary who shall communicate the objection to the Committee. The Committee may require the attendance of any proposer, and seconder and their candidate to answer such questions as may be put to them.

If they do not appear before the Committee when required to do so, or send a satisfactory excuse for not doing so within four weeks, the candidate's election shall not be proceeded with. No candidate shall be admitted to the privileges of membership, until they have been formerly elected by the Committee, notified by their proposer and paid their first subscription. The Committee reserves the right to reject an application for membership without reason provided.

b) Special Classes of Membership

Honorary Members

The Committee shall have power from time to time to elect as honorary members without entrance fee or subscription, persons of distinction or those who have rendered valuable services to The Club.

Life Members

The Committee shall have power to recommend to the Annual or Special General Meeting the election of Life Members. Life Members shall be entitled to the full rights and privileges of membership without payment of any subscriptions.

Youth Members

Youths who are between the ages of 16 and 18 years may become youth members at the discretion of the committee but have no voting rights.

c) Disqualification of a Candidate

No rejected candidate shall again be proposed as a member until the expiration of twelve months from the date of such rejection.

No person who shall have been expelled from The Club, shall ever again be proposed as a candidate, or make use of The Club premises except by consent of the Committee.

d) Resignation of Membership

Any member wishing to resign is requested to send a written notice to the Secretary,

e) Change of address

Any member changing their address shall, within one month, give notice to the Secretary in writing of such address, and until such notice is given, and all communications and notices sent to their last address shall be deemed to have been served upon such member.

f) Misconduct of members

No unauthorised betting, drunkenness, general nuisance, bad language or disorderly conduct shall be permitted on The Club premises. Any behaviour deemed as misconduct may be reported as such to the Committee for further investigation, which may be lead to exclusion.

It shall be the duty of any member of the Committee or member of the Club to take every available means for putting a stop to the offence in question, and to report them forthwith to the Committee through the Secretary.

g) Cessation of membership

Membership shall terminate:

- On resignation (Rule 2d)

- On non-payment of subscription (Rule 3a).

- On expulsion (Rule 2f)

- On death.

3. SUBSCRIPTIONS

The ordinary subscription shall be determined at the Annual or Special General Meeting, and shall be paid in advance on admission and be subsequently due on the first day of April each year. The rate of subscription may only be altered following notification at the AGM or an EGM called by the Committee.

No refunds will apply to subscriptions, unless at the discretion of the Committee.

a) Non-payment of subscription

Members are required to pay their subscription within twenty eight days after the same has become due. They shall be considered in arrears, and notice of the default shall be sent to them by the membership Secretary if not paying by this date. If the sum due is not paid within another fourteen days after such notice has been sent they shall cease to be a member and their name will be

removed from the register of members. If, however, the delay in payment can be accounted for to the satisfaction of the Committee, the Committee may at their discretion direct that any member shall be exempt from the foregoing provisions. No member in arrears shall be permitted to make use of the Club or take part in its affairs.

4. OFFICERS

The officers of The Club shall consist of elected persons (Committee), including a Chairman, Vice Chairman, a Treasurer and Secretary.

a) Chairman

The Chairman shall preside at all meetings of The Club, unless unable to attend in which case the Vice Chairman should act as on his/her behalf.

b) The Vice Chairman

The Vice Chairman shall be responsible for deputising for the Chairman by his/her prior agreement for the purposes of chairing Committee meetings or representing the Club in any official capacity.

c) Treasurer(s)

The Treasurer(s) shall be responsible for seeing that all money received shall be duly paid into the Club's account. They shall also see that all debts of the Club are paid as directed under normal trading terms unless otherwise directed by the Committee. They shall at every regular meeting of the Committee (or more often if required) produce a statement of trading and if applicable (from

time to time) the Paying in Book and Bank statements for inspection showing that the foregoing Etchingham Sports & Social Club Constitution duties have been carried out. They should also oversee the production of annual accounts and any auditing requirements needed to allow the Club to trade legally. The Treasurer shall also keep such accounts, invoices and other papers of The Club, except otherwise kept by the Secretary, in such manner and to such purposes as the Committee may direct.

The Treasurer shall undertake such periodic valuation or valuations (if any) of the assets and liabilities of the Club as a whole, or of the assets and liabilities of the Club in respect of any particular business or businesses conducted by the society, as may be required from time to time by law.

c) Secretary

The Secretary shall on all occasions in the execution of their office act under the superintendence, control and direction of the Committee. They shall keep such documents and papers of The Club in such manner and for such purposes as the Committee may direct.

They shall summon and attend all meetings and take minutes of the proceedings.

They shall, in conjunction with the membership secretary, keep upon The Club premises a register of the names and addresses of The Club members and a record of the latest payment of their subscription.

They shall ensure that The Club is registered with the Local Authority under the provisions of the Licensing Act 2003.

They shall be responsible for the insurance of the Club against fire and burglary and in respect to liability for accidents occurring to the Club members or employees and for any other purposes directed by the Committee.

They shall be supplied by the Committee with copies of the constitution and in conjunction with the membership secretary they will ensure every member is supplied with a current copy. They shall carry out such other duties as are reasonably incidental to his/her office.

5. THE COMMITTEE

The Committee shall consist of not less than 6 elected committee persons & not exceeding 12 persons. The Officers and Committee persons shall retire at each Annual General Meeting and shall be eligible for re-Election.

The Committee shall meet at least once a month.

A quorum of over 50% of the Committee will be present at all times. Should the quorum not be present no decisions can be made and the meeting shall be re-scheduled.

Any member of the Committee ceasing to be a member of The Club, or who is suspended from the privileges of membership shall cease to be a member of the Committee.

a) Election of officers & Committee

Every candidate for officer shall be proposed and seconded by two members entitled to vote. His/Her current subscription must have been paid and they must not be less than 18 years of age.Etchingham Sports & Social Club Constitution

Each member of the Club of age 18 years or over shall have one vote for each vacancy, and no member shall give more than one vote to any candidate.

Should any Trustee resign or be unable to fulfil his/her duties then a new Trustee may be elected only at an Annual General Meeting or a Special General Meeting for that purpose.

b) Authority of the Committee

The Committee shall conduct the general business of the Club, regulate the internal management, have power to enforce Rules, and make such bye-laws as may be necessary for the conduct of the Club in conforming to these rules.

It may appoint other sub-Committees, which shall manage the several departments of the Club under the supervision of the Committee.

c) Disciplinary issues

The appointment and dismissal of all Club members or employees shall be vested solely in the Committee. If persons are employed, the Committee shall be responsible for drawing up and managing a contract of employment with the employee. For the avoidance of doubt, the decision of the Committee is final in the event of any potential disciplinary issue with an employee.

No resolution passed by the Committee shall be rescinded unless notice shall have been given at a previous meeting of the Committee of the intention to propose such rescission.

Disciplinary action may be triggered when a member or employee conducts their self or a person under their responsibility in a manner that conflicts with the rules of this Constitution. In particular, conduct in or out of the Club premises, which in the opinion of the Committee is prejudicial to the Club, or to the character or interests of the Club.

There are four types of disciplinary action which apply to all members that the Committee can implement, entirely at its own discretion depending on the severity of the event:

• A reprimand will consist of a verbal and/or written warning

• A suspension which may last up to twelve months

• An expulsion, after which the member may re-apply for membership but subject to

the Committee’s discretion

• A lifetime expulsion

The Chairman, Secretary, Committee member, member or employee responsible for the premises during the relevant trading periods, shall be empowered to order the immediate withdrawal of any member whose conduct on The Club premises is in conflict with the Rules of The Club, and who, after warning, persists therein. The matter must be reported to the Committee and a meeting held within seven days of the committal of the alleged offence.

The Committee reserves the right to summon a member to appear at a meeting in relation to any potential disciplinary matters.

Should the member fail to appear before the Committee having given no prior reasonable explanation for their failure their case can proceed and be dealt with by the Committee in their absence.

Any member subject to disciplinary action as applied by the Committee may lodge an appeal if provided in writing to the Secretary within twenty one days of notification of the action. However, the decision of the Committee at any subsequent appeal is final.

Not withstanding the foregoing provisions of this rule the Committee shall not be obliged to summons a member to appear before them in respect of an offence of which they have already been convicted and sentenced by any court of law.

d) Other issues

The Committee or any officer authorised by them in writing shall have power to give orders to tradesmen and others for goods and other things necessary for carrying out the purpose of the Club; but nothing in this rule shall empower the Committee or any other officer authorised by them to incur expenditure except such as is consistent with the purposes for which the Club is established.

No claim will be recognised or paid for any work done or for any goods supplied to the Club, without an order from the Committee, or from any officer authorised by them.

Members of the Club shall be entitled to contract with the Club for supply by them of goods and services, other than the audit of the Club's accounts, but shall not participate in any discussion or vote upon any motion relative thereto, either at a Committee Meeting or a General Meeting.

One fifth of the total number of members, or 100 members if the membership is not less than 1000 and not more than 10000, or of 500 members if the membership is more than 10000 members may apply to the Authority for an investigation of the affairs of the Club or for winding it up.

e) Resignation of the Committee

In the event of the whole of the Committee resigning at any time, the Secretary shall obtain nominations during the following 14 days, and a special General meeting shall be held within 28 days of such resignation for the election of a new Committee.

In such circumstances the Trustees shall assume control of the Clubs affairs until a new committee and officers are elected or the Club dissolved in accordance with rule 13

f) Removal of Committee and Election of New Committee

The Committee, or any member or members thereof, may be removed by a majority of three- fourths of the members of the Club present and voting at a Special General Meeting called for that purpose. The election of a new Committee or any member or members thereof shall take place in the manner prescribed in the previous Rule upon resignation of the Committee.

6. AUDITING OF THE ACCOUNTS

If required by law to audit the accounts, the committee will appoint a suitably qualified auditor. At the Annual General Meeting, three-fourths of the membership present may also request that the accounts may be audited and shall elect a suitable auditor.

The auditor shall audit the accounts and for that purpose shall have access to all books of the Club. They shall examine the accounts and the receipts and expenditure, funds and effects of the Club, and shall verify the same with the vouchers relating thereto, and shall either sign the same as found by them to be correct and duly vouched, or shall report in what respects he finds them incorrect or un-vouched.

A member may at any reasonable time inspect without charge the books, documents, records and securities of the Club.

7. GENERAL MEETINGS

a) The Annual general meeting (AGM)

The AGM shall be held in the month of March on a day to be fixed by the Committee. Notice of such Annual General Meeting shall be posted on the Club Notice Board for at least Twenty-one clear days before the date appointed for the Meeting.

Notice of any motion for inclusion in the Agenda of the Annual General Meeting must be submitted in writing to the Secretary within ten days of the posting of the notice summoning the Meeting. The Agenda for the Annual General Meeting shall be posted on the Club Notice Board at least seven clear days before the date appointed for the meeting. No business other than specified in the Agenda shall be transacted at the Meeting.

A copy of the balance sheet and income and expenditure account for the year, with the report of the auditor shall be provided by the Treasurer to the Secretary (or if not available, person specified by the Committee).

They shall be posted on the Club Notice Board at least seven days before the Annual General Meeting.

At the Annual General Meeting a statement of affairs, the balance sheet, income and expenditure account and report of the auditor shall be presented, together with the ballot for the Committee and Officers.

b) Special General Meeting (SGM)

The Secretary shall summon Special General Meetings as follows:

1) At direction of the Committee.

2) Upon a request to the Secretary signed by one-fifth of the members or 30 members whichever is the less, stating the objects of such meeting.

Meetings summoned under provisions above shall be held within not less than fourteen days and not more than twenty-eight days from the date of the receipt of the request by the Secretary.

Notice of any Special General Meeting (SGM), and of the object for which it is called, shall be posted on the Club Notice Board. This shall take place a clear fourteen days before the date appointed for such meeting and no other business except that for which the meeting has been convened shall be brought before a Special General Meeting.

At a SGM one-fifth of the members, or 30 members whichever is the less, shall form a quorum.

c) Adjournment of meetings

Any AGM or SGM may be adjourned to such time as a majority shall decide, but no business other than that which could have been transacted at the original meeting shall be brought forward at such adjourned meeting.

d) Voting

At all General Meetings every member over the age of 18 years present shall have one vote on each resolution.

8. VISITORS

Every member shall be permitted to introduce friends as visitors; but the same visitor shall not be admitted more than six times within a period of one calendar year, unless special consent is obtained from the Committee. The Committee reserves the right to refuse the admission of any visitor if in their opinion it is desirable in the interests of the Club.

The names of the visitor and of the member by who introduced shall be written in the Visitor's Book and kept for that purpose. The Committee at its discretion may allow blanket bookings of visitors by prior arrangement with the Organiser of the booking.

No children under the age of 16 shall be allowed into the Club unless accompanied by an adult. These children are the responsibility of said accompanied adult at all times on the premises.

Any member who is serving either a suspension or expulsion will not be admitted as a visitor.

9. HOURS OF OPENING AND CLOSING PREMISES

The Club premises shall be open to the members during such hours as may be determined from time to time by the Committee and as notified to the Licensing Authority and exhibited on The Club notice board. Discos and live entertainment shall cease at a time agreed in advance in the Committee and all such decisions shall be final.

10. EXCISABLE ARTICLES

No member under 18 years of age shall be served with intoxicating liquor. Intoxicating liquor required for consumption off the premises shall be supplied to persons only whilst on the Club premises, and taken away by them from the premises during the hours of opening.

11. APPLICATION OF SURPLUS

Any surplus of the Club shall be applied for the benefit of the Club in such manner as the Committee consider best in the interest of the Club, and in furtherance of the objects for which the Club is formed, provided that no surplus shall be distributed among the members. Any surplus on dissolution of the Club shall be dealt with as provided in Rule 1.

12. AMENDMENT OF CONSTITUTION

Any Rule of the Club not hereinafter declared to be fundamental may be rescinded or amended or any new Rule made by a resolution carried by three-fourths of the votes given thereon at any Special General meeting, of which notice has been given specifying the intention to propose such a rescission, amendment or new rule.

Propositions for amendments of Rules by members must be submitted in writing to the Committee 28 days prior to the date of such Meeting, and shall be posted on the Club Notice Board at least fourteen days before the Meeting. No proposition shall be taken into consideration unless supported by twenty members who shall attach their signatures to such a notice, giving their support for said change.

13. DISSOLUTION

The Club may be dissolved by the consent of three-fourths of the members present and voting at a Special General Meeting called for that purpose, in strict accordance with Rule 1.

14. BYE-LAWS

Members 'Payment

All members must pay every expense they incur in The Club before they leave the premises.

Complaints

All complaints or suggestions shall be made in writing to the Secretary for determination by the Committee.

Bills, Notices, etc.

No bills, notice’s, placard’s, or newspaper, shall be posted or distributed on or about The Club premises without the permission of the Committee or some person authorised by them.

Petitions

No Committee member or Officer of The Club shall sign any petition or document on behalf of the Club, relating to matters not immediately connected with the management of the Club, without the express sanction of the Committee

Damage to Property

Any person damaging the furniture or other property of The Club shall make good the same to the satisfaction of the Committee. No member shall on any pretence take away, injure or destroy any newspaper, pamphlet, book or article the properly of The Club.

Prevention of public nuisance

All members and visitors are expected to show consideration to other members and for local residents at all times. All complaints shall be duly investigated by the Committee in accordance with responsibilities under Licensing rules and if necessary, Disciplinary issues rule 5 (c). Visitors who are determined by the Committee to be the cause of the nuisance shall not be allowed to re-enter the

premises. The Committee entirely reserves the right as to whether to allow such individuals back into the premises at a future date.

Dogs

No dogs, apart from assistance dogs, shall be allowed on The Club premises except at the discretion of the Committee.

Alteration of Bye-Laws

These Bye-Laws shall not be altered without the approval by the members at a Special General Meeting, but the Committee may at any time add thereto by the issue of new Bve-Laws

Exhibition of Rules and Bye-Laws

A copy of these Rules and Bye-Laws shall at all times be exhibited in a prominent position on the

Club premises.