Cooden Beach sports and social club rules

(Revised 2/5/79, 29/4/83, 2/5/88, 30/4/99, 24/01/05, 13/05/11)

NAME

1 The name of the Club shall be the Cooden Beach Sports & Social Club (the Club).

PREMISES

2 The premises of the Club shall be at the Clubhouse, Withyham Road, Cooden, East Sussex.

OBJECTIVES

3 The objectives of the Club shall be the provision of facilities for, and encouraging participation in, Tennis and Squash and the provision of facilities for other sporting and social activities.

STATUS

4 The Club shall be a members’ Club and shall consist of ordinary members together with such honorary members as are hereinafter mentioned.

MEMBERSHIP

5.1 Membership of the club is open to all the community and without discrimination on the grounds of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.

5.2 Every candidate for admission as a member shall be proposed by one member and seconded by another. The candidate shall be proposed by the completion of an application form giving his/her name and address in full with the signatures of the proposer and seconder.

5.3 The above particulars relating to a candidate shall be posted prominently in the Clubhouse for fourteen days preceding the day when the candidate comes up for election.

5.4 Election of membership shall be either by the Club in General Meeting or by the Executive Committee of the Club, and shall be by simple majority. The Chairman shall have a second or casting vote in the case of equality of votes.

5.5 A candidate not elected shall not be proposed again for election within a period of twelve months.

5.6 Temporary members, whose normal residence shall be more than one hundred miles from the Club, may be elected by the Executive Committee. They shall pay such subscription as may be determined from time to time by the Executive Committee.

5.7 No person shall be admitted to ordinary membership until, having been elected, he/she shall have paid to the Secretary an entrance fee and his/her first annual subscription.

5.8 Honorary life members, who shall not be liable to pay any entrance fee or subscription but shall be entitled to all privileges of membership, may be elected by the Club in General Meeting for valuable services rendered to the Club. There shall not at any one time be more than twelve honorary life members.

5.9 No person, whether as ordinary or honorary members shall be admitted to membership, or be admitted as a candidate for membership to any of the privileges of membership, without an interval of at least two clear days between his/her nomination or application for membership and his/her admission. No person becoming a member without prior nomination or application may be admitted to the privileges of membership without an interval of at least two clear days between his/her becoming a member and his/her admission.

5.10 All members of the Club whether ordinary, temporary or honorary members agree, as a condition of membership, to be bound by and subject to, the Rules of the Club.

5.11 Any member may resign his/her membership by giving to the Secretary notice in writing to that effect PROVIDED that if notice be given after the 1st day of May in any year he/she shall be liable to pay his/her subscription for that year.

ADDITIONAL MEMBERSHIP CONDITIONS FOR TENNIS PLAYERS

5.12 Any member of the club who uses the tennis facilities agrees, as a condition of membership:

(a) To be bound by, and subject to, the rules and regulations of the Sussex LTA (as in force from time to time); and

(b) To be bound by, and subject to, the LTA Rules and the LTA Disciplinary Code.

The above rule confers a benefit on the LTA and is intended to be enforceable by the LTA by virtue of the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the members do not intend that any term of these rules, apart from rule 5.12, should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these rules.

COMMITTEE & OFFICERS

6.1 (a) A President shall be elected by the members, and shall hold office for a period of ten years or until death or resignation unless removed from office by a resolution of the Executive Committee or members. After holding the office of President for ten years, the President shall be eligible for re-election.

(b) So many Vice Presidents as the members deem necessary from time to time shall be elected by the members in recognition of valuable services rendered to the Club, and shall hold office until death or resignation unless removed from office by a resolution of the Executive Committee or members.

6.2 The affairs of the Club in all matters not reserved in the rules for the Club in General Meeting shall be managed by an Executive Committee consisting of an Honorary Chairman, and Honorary Chairmen of the Finance Committee, Tennis Committee, Squash Committee, Bar Committee, Social/House Committee and not more than eight other members elected at the Annual General Meeting, together with the Secretary.

6.3 Such election shall be by any two members proposing by notice in writing to the Secretary before the meeting.

6.4 The Secretary shall be appointed by the Executive Committee and shall carry out such duties as the Committee from time to time direct.

6.5 Members may be co-opted to the Executive Committee during the course of any year but such members shall remain on the Committee only until the next Annual General Meeting when they shall be eligible for re-election.

6.6 The Honorary Chairman, and the Honorary Chairmen of the Finance Committee, Tennis Committee, Squash Committee, Bar Committee and Social/House Committee, shall serve in those capacities for one year only unless re-elected. No other elected member of the Executive Committee shall serve for more than three successive years without retiring but shall be eligible for re-election.

6.7 Every member shall be entitled to vote for as many candidates as there are vacancies to be filled. In the case of two or more candidates receiving an equal number of votes the Chairman shall have a second or casting vote.

6.8 Each member of the Executive Committee and the Officers of the Club must satisfy HMRC’s fit and proper person test to be involved in the general control, management and administration of the Club and must declare that he/she is a fit and proper person to be elected.

6.9 The Executive Committee may from time to time make, vary and revoke bye-laws (not inconsistent with these Rules) for the regulation of the internal affairs of the Club and the conduct of members, and the bye-laws for the time being in force shall be binding on all members.

SUBSCRIPTIONS, FINANCES & ACCOUNTS

7.1 The annual subscription for an ordinary member shall be such a sum as theExecutive Committee may from time to time determine.

7.2 All annual subscriptions shall be payable on election as provided in Rule 5 and thereafter on or before 1st May in each year. Where such subscriptions are not paid by 30th April in any year, membership shall lapse.

7.3 (a) The Secretary shall operate a Banking account and such other accounts as the Executive Committee may direct.

(b) The Secretary shall keep such proper books of account as will enable him/her to present at every Annual General Meeting of the Club, or (upon the giving of reasonable notice to him/her) at any other time if required by the Executive Committee, an accurate report and statement concerning the Finances of the Club, including a separate statement with regard to the purchase and supply of tobacco and intoxicating liquor for the preceding year, or for the current year as the case may be, and shall present such report and statement accordingly.

7.4 The financial year of the Club shall end on the last day of February in each year, on which day the accounts of the Club shall be balanced.

7.5 At every Annual General Meeting the Accountants and Auditors of the Club shall be appointed.

CONDUCT OF MEMBERS

8.1 No betting shall be allowed in the Club. No lottery shall be promoted by any member or officer on behalf of or in any way connected with the Club without the previous written authority of the Executive Committee. Gaming shall be permitted in the Club, so, however, as not to contravene any of the provisions of the Betting and Gaming and Lotteries Act 1963, or any statutory modification thereof for the time being in force.

8.2 No members under the age of 18 years shall be permitted to purchase or consume intoxicating liquor upon the premises of the Club.

8.3 The Executive Committee shall have the power to expel, suspend or fine any member who shall offend against the Rules of the Club or any bye-laws made by the Executive Committee or whose conduce shall in the opinion of the Executive Committee render him/her unfit for membership of the Club. Before any such member is expelled, suspended or fined the Secretary shall give him/her seven days written notice to attend a meeting of the Executive Committee and shall inform him/her of the complaints made against him/her. No member shall be expelled, suspended or fined without first having an opportunity of appearing before the Executive Committee and answering complaints made against him/her nor unless at least two thirds of the Executive Committee then present vote in favour of the disciplinary action. No member whose membership has been terminated under this Rule or who owes money to the club shall be introduced by any other member as a guest or visitor to any part of the Club premises.

8.4 Any person suspended or expelled under the above rules or on ceasing to be a member of the Club for any other reason shall forfeit all rights to and claim upon the Club, its property and funds.

8.5 No funds or property of the Club nor gain arising from carrying on the Club shall be applied other than for the benefit of the Club as a whole.

TRUSTEES & PROPERTY OF THE CLUB

9 The property of the Club shall be vested in not more than four trustees who shall be appointed by the Executive Committee and the property of the Club shall be vested in them to be dealt with by them as the Executive Committee may from time to time direct by resolution (of which an entry in the minute book shall be conclusive evidence). The Trustees shall be indemnified against risk and expense out of the Club property. The Trustees shall hold office until death or resignation or until removal from office by the Executive Committee. Where by reason of such death, resignation or removal it is necessary that a new Trustee or Trustees be appointed the Executive Committee shall nominate the person or persons to be appointed the new Trustee or Trustees. For the purpose of giving effect to such nomination the Chairman of the Executive Committee 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/she shall by deed duly appoint the person or persons so nominated by the Executive Committee. The trustees shall have power to sell, lease, mortgage or pledge any Club property for the purpose of raising or borrowing money for the benefit of the Club with the consent of the Executive Committee, but no purchaser, lessee or mortgagee shall be concerned to enquire whether such consent has been given.

GENERAL MEETINGS

10.1 The Annual General Meeting of the Club shall be held in the month of April each year upon a date and at a time to be fixed by the Executive Committee for the following purposes :-

(a) To receive from the Executive Committee a report, audited balance sheet and statement of accounts for the preceding financial year and an estimate of receipts and expenditure for the current financial year.

(b) To elect members to fill vacancies in the Executive Committee and to appoint accountants and auditors for the ensuing year.

(c) To decide on any resolution which may be duly submitted to the meeting as hereinafter provided.

10.2 Any member desirous of moving any resolution at the Annual General Meeting shall give notice thereof in writing to the Secretary not less than seven days before the date of such meeting.

10.3 The Executive Committee may at any time for any special purpose call a Special General Meeting and shall do so forthwith upon the requisition in writing of any twenty five members stating the purpose for which the meeting is required.

10.4 Fourteen days at least before the Annual General Meeting or any Special General Meeting written notice of such meeting and an agenda of the business to be transacted at the meeting shall be sent to every member.

10.5
At all general meetings of the Club, the President and in his/her absence the Chairman of the Executive Committee shall take the chair. Every member present entitled to vote shall have a vote upon every motion, and in the case of equality of votes the Chairman shall have a second or casting vote.

10.6 The quorum at all general meetings shall be twentyfive.

INTOXICATING LIQUOR

11.1 The supply of intoxicating liquor in the Club premises shall be within the GUESTS 12 Members may introduce and entertain guests at the Club subject to such permitted hours fixed by the Executive Committee in accordance with the Licensing Act 2003. Notification in writing of the fixed hours as the permitted hours shall be given to the Clerk of the Licensing Authority. No intoxicating liquor shall be supplied on the Club premises otherwise than by or on behalf of the Club. No intoxicating liquor shall be supplied for payment to any person on the Club premises other than to members, bona fide guests of members and bona fide members of other sporting clubs visiting the Club in connection with sporting occasions.

11.2 The Executive Committee shall arrange for the supply of intoxicating liquor to the Club premises, and shall secure the due observances of the provision of the Licensing Act 2003 and all Acts relating thereto, and of any conditions attached to any registration certificate granted in respect of Club premises.

11.3 No person shall be paid at the expense of the Club any commission, percentage or similar payment on or with reference to purchasing intoxicating liquor at the Club; nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests, apart from any benefit accruing to the Club as a whole.

GUESTS

12 Members may introduce and entertain guests at the Club subject to such regulations and bye-laws as shall be made from time to time by the Executive Committee, and there shall be kept at the Club premises a Visitors’ Book which both the member and his/her guest shall sign. The member introducing a guest shall be responsible for his/her guest strictly observing these Rules and the Club bye-laws and shall not leave the Club premises before his/her guest. No person whose membership of the Club has been terminated under Rule 8.3 or whose application for membership has at any time been rejected, shall be introduced as a guest, nor shall any member entertain on the premises more than three guests at any one time, nor introduce as a playing guest the same person on more than three occasions in any one calendar year.

DISSOLUTION OF THE CLUB

13 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 Executive Committee will then be responsible for the orderly winding up of the Club’s affairs. After settling all liabilities of the Club, the Executive Committee shall dispose of the net assets remaining to one or more of the following:

(a) to another Club with similar sports purposes which is a registered charity and/or

(b) to another Club with similar sports purposes which is a registered CASC and/or

(c) to the sport’s governing body for use by them for related community sports

ALTERATION OF RULES

14 These Rules may be added to, repealed or amended by resolution at any Annual or Special General Meeting PROVIDED that no such resolution shall be deemed to have been passed unless it be carried by a majority of at least two thirds of the members voting thereon.

EXCLUSION OF LIABILITY

15 Neither the Club nor any officer thereof shall be liable to any member or guest of a member for any loss or damage to any property occurring, from whatever cause, in or about the Club premises, nor for any injury sustained by any member or guest whilst on or entering or leaving the Club premises, and a notice to this effect shall at all times be displayed in a prominent position on the Club premises.