Club Rules - Hythe
(Southampton) Sailing Club
These rules come into force at 23:59 on 12/07/2017 and
include rule changes agreed at the SGM on 12/07/2017.
Vr8 12/07/2017
1
NAME
AND BURGEE
1.1 The name of the Club is Hythe
(Southampton) Sailing Club (herein referred to in these rules as the Club) and
the burgee of the Club shall be green with a horizontal blue wavy band bordered
with gold.
2
OBJECTS
OF THE CLUB
2.1 The object of the Club is to promote
and facilitate the sport of sailing and to provide social and other facilities
for members.
2.2 The Club is an
unincorporated not for
profit association. Any surpluses will be used to support, maintain or improve
Club activities or facilities. In the event of the Club winding up, any surplus
assets shall be distributed in accordance with Club Rule 10.
3
MANAGEMENT
3.1 Powers Of The Committee
3.1.1 The General Committee, hereafter
referred to as the Committee, shall manage the affairs of the Club according to
the Rules, bye-laws and current legislation and shall cause the funds of the
Club to be applied solely to the purposes of the Club or for a benevolent or
charitable purpose nominated by General Meeting. In particular the Committee
shall ensure that the property and funds of the Club will not be used for the
direct or indirect private benefit of members other than as reasonably allowed
by the Rules and that all surplus income or profits are re-invested in the
Club.
3.1.2 The Committee shall meet nominally
each month on no less than 10 occasions a year to review and manage Club
affairs. Committee meetings shall have a quorum of at least 60% of Committee
members for binding decisions.
3.1.3 Bye-laws shall be made by the
Committee as they think fit for the proper management of the Club and shall be
available to view at the Club and posted on the Club website. Club members will
be notified of changes to bye-laws.
3.1.4 Members eligible for election to the
Committee shall be full members (see Section 4 for definition) who have
completed their period of probation and are of good repute. Any person being an
employee or having a business or financial interest in the Club shall declare
it to the Committee and shall not vote on any resolution to which they have
declared such interest.
3.1.5 The Committee shall consist of Flag
Officers, Honorary positions and Club members elected to specific roles.
3.1.6 The Officers of the Club shall be the
Flag Officers and elected members holding Honorary positions.
3.1.7 The Flag officers shall be a
Commodore, Rear Commodore House, Rear Commodore Sailing.
3.1.8 The Honorary positions shall be the
Honorary Secretary, Honorary Treasurer, Honorary Membership Secretary, Honorary
Mooring Secretary.
3.1.9 The specific roles for elected
Committee members shall be decided by the Committee and offered for nomination
to the membership prior to the AGM. As a rule their number should not exceed
the number of Officers of the Club
3.1.10 Appointment
of sub-Committees.
The Committee may appoint such sub-Committees as it may deem necessary and may
delegate such of its powers as it may think fit upon such terms and conditions
as shall be deemed expedient and/or required by the law. Such sub-Committees
shall consist of such members of the Committee or of the Club as the
sub-Committee may think fit. Sub-Committees shall be chaired by an officer of
the Club. The Commodore shall be an ex officio member of all such
sub-Committees.
3.1.11 Disclosure
of interest to third parties. A member of the Committee, of a sub-Committee
or any officer of the Club, in transacting business for the Club, shall
disclose to third parties that he is so acting.
3.1.12 Limitation
of Committee's authority. The
Committee, or any person or sub-Committee delegated by the Committee to act as
agent for the Club or its members, shall enter into contracts only as far as expressly authorised, or
authorised by implication, by the members.
No one shall, without the express authority of the membership in a
General Meeting, borrow money or incur debts on behalf of the Club or its
membership.
3.1.13 Members’
indemnification of Committee.
In pursuance of the authority vested in the Committee by members of the Club,
members of the Committee shall be indemnified by the members of the Club out of
the assets of the Club from and against any liability, costs, expenses or
payments whatsoever which may be properly incurred or made by them or any one
of them in the exercise of their duties on behalf of the Club wherever the
contract is of a duly authorised nature or could be assumed to be of a duly
authorised nature and entered into on behalf of the Club.
3.1.14 Should the assets of the Club be
insufficient to satisfy such liability, costs, expenses or payments, the
Committee shall be entitled to a personal indemnity from the individual members
of the Club. The limit of any individual member's indemnity in this respect
shall be a sum equal to one year's subscription at the then current rate of
that category of membership unless the Committee has been authorised to exceed
such limit by a General Meeting of the Club.
3.1.15 Contractual
Liability. The Committee shall endeavour to ensure that
the following clause is incorporated in every contract, lease, licence or other
agreement entered into by the Committee and/or Trustees of the Club, as
appropriate. “The liability of the
Committee and or Trustees for the performance of any contractual or other
obligation undertaken by them on behalf of the Club shall be limited to the
assets of the Club.”
3.2 Trustees
3.2.1 There shall be
a minimum of three and a maximum of four Trustees of the Club. All property of
the Club (other than cash which shall be under the control of the Honorary
Treasurer) shall be held by the Trustees for the time being in their own names
so far as is necessary and practicable, on trust for the use and benefit of the
Club as the Committee shall from time to time direct by resolution. (An entry
in the minute book shall be evidence of such resolution). 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 properly incurred or made
by them or any one of 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.
3.2.2 Trustees shall
not hold office in the Club as Flag Officer, Honorary position, Committee
member or paid employee.
3.2.3 Trustees shall
be Full Members who are and continue to be of good standing and who have been
Members of the Club for a continuous period of 7 years. Trustees shall be persons of integrity who
shall, when first elected, have knowledge and experience of the management and
operation of the Club.
3.2.4 Trustees shall
be nominated by the Committee, or by the membership and elected by the members
at an AGM or SGM. Trustees shall hold office for a period of four years.
Trustees may be re-elected provided that; no trustee shall hold office for a
period exceeding eight years. For giving effect to such election, the Commodore
is hereby nominated as the person to appoint new Trustees of the Club within
the meaning of Section 36 of the Trustees Act 1925 as amended.
3.2.5 In the event
of a Trustee behaving in a manner inappropriate to their position, the Trustee
may be removed from office on a two-thirds majority vote of the Committee; the
action to be ratified by a majority ballot at an AGM or SGM. In the event of
the death, resignation or removal from office of a Trustee, the Committee shall
nominate a new Trustee in his place as soon as possible and thereafter take all
lawful and practical steps to procure the vesting of all Club property into the
names of the Trustees as constituted after such nomination.
The Trustees shall receive all notices, agendas, minutes, accounts and papers
provided to members of the General Committee and may attend, speak and vote at
meetings unless such action is in breach of their responsibilities under the
Trustee Acts.
3.2.6 Trustees shall
represent the interests of the Members as a whole and may respond to and offer
advice to the Committee upon any matter relating to long-term strategy or the
commitment of significant financial or other resources.
3.3 Accounts
3.3.1 The Hon.
Treasurer shall prepare an annual balance sheet of the accounts. The Committee
shall appoint an auditor or independent financial examiner to review the
accounts and certify their accuracy. The club accounts shall be made available
to all members in accordance with Rule 7.8
3.3.2 No member shall
make any purchase for or on behalf of the Club unless authorised by a Flag
Officer or Secretary. Payment for out of pocket expenses will be by submission
of the approved document for Bank Transfer.
3.4 Data Protection Act
3.4.1 Membership of
the club and acceptance of these rules by members will constitute consent to
the Club holding relevant personal data for the purposes of the Data Protection
Act 1984.
4
MEMBERSHIP
4.1 General
4.1.1 Membership of
the Club shall be available to any person interested in sailing or boating regardless
of sex, age (subject to minimum age restrictions), ethnicity, nationality, sexual
orientation, religion or disability. Membership may however be limited
according to available facilities on a non-discriminatory basis.
4.2 Membership Classes
4.2.1 The Club
membership shall consist of the classes listed below with power to vote at
meetings of the Club as indicated. Members with voting rights are known as Full
Members.
4.2.2 Where a
membership class has age requirements, then unless otherwise stated, the age is
that applying on the 1st February or, for new members, the date of application
for membership.
4.2.3 Family Members: This shall
include one or two cohabitating adults and all children within their
guardianship under eighteen years of age. The family unit shall have one vote
per adult. The entrance fee shall be 50% of the Annual subscription.
4.2.4 Single Member. A person who
at the time of application shall have attained the age of eighteen years who
shall have one vote. The entrance fee shall be 50% of the Annual Family
Membership subscription.
4.2.5 No entrance
fee will be payable when a Single Member transfers to another category of
membership.
4.2.6 The
subscription will be 75% of the Family Membership subscription.
4.2.7 The
subscription for Single Members aged between eighteen and twenty-one years will
be 30% of the Family Membership subscription. The entrance fee shall be 15% of
the Annual Family Membership subscription.
4.2.8 Senior Members: Senior
membership is available to individuals or couples who meet the age and
qualifying requirements described below or been granted senior membership
status under previous provisions.
4.2.9 Senior Partners: Where any one member of a Family Membership
reaches the age of 67 having completed ten consecutive years of membership. Senior
Partners shall have one vote each. The annual subscription shall be 85% of the
Family Subscription.
4.2.10
Senior
Single: Aged 67
having completed 10 consecutive years as a Member and shall have one vote. The
subscription shall be 65% of the Family Membership subscription.
4.2.11 The change
from Family or Single Membership to Senior Membership can only take place at
the time of membership renewal at the start of the year.
4.2.12 Student
Members: Single member between the age of 16 and 24 years and enrolled on a course
of full time education (not an apprentice). If required, evidence to be
confirmed by the educational establishment. Student members shall be entitled
to one vote on reaching 18 years of age. The subscription will be 20% of the
Family membership subscription. No entrance fee will be payable for Student
Members, and no entrance fee will be payable when a Student member transfers to
another category of membership.
4.2.13 Crew Members: An individual
membership for those who do not own or keep a boat at the Club, but wish to
crew for full members and/or use the Club socially. Crew members have no vote. The
subscription will be 30% of the Family Membership subscription. The entrance
fee shall be 15% of the Annual Family Membership subscription.
4.2.14 Crew
Membership is a restricted class with the following conditions, but otherwise members
are able to make use of the facilities offered by the Club. The restrictions are:
·
They are not permitted to bring any vessel to,
or keep any vessel at the Club.
·
Crew membership is not available to any person
having a joint or shared ownership in any boat kept at HSC
·
Crew membership is an individual membership and
does not include Partners or Children
·
They may not sit on the General Committee or any
sub-Committee unless co-opted.
·
They are not permitted to introduce guests or
visitors to the Club.
·
They are not eligible to partake in Club
organised RYA training, either shore based or afloat.
·
They may not hire club owned boats (they may
accompany a full member who has hired a Club owned boat).
·
They may not normally use specialised Club equipment except
for the benefit of Club activities as may be approved by the Committee.
4.2.15 If a Crew
Member changes to another class of membership, they will be required to pay the
difference in entrance fee applicable at the time of changing category.
4.2.16 Honorary
Members: Elected by the members at a General Meeting on the recommendation of the
Committee. There will be no subscription, nor entrance fee. Honorary Members
shall have no vote. The Commodore will present honorary members with a special
club tie.
4.2.17 Associate
Members: Previous members who neither live nor keep a boat within 25 miles of the
Club who wish to retain contact with the Club through newsletters. Associate
members shall have no vote. The subscription will be 20% of the Family
Membership subscription.
4.2.18 Life Members: Awards of Life
Membership have ceased. Life membership awarded to existing members under
previous provisions will continue to be honoured. There will be no annual
subscription charge.
4.2.19 Temporary
Membership: May be granted by the Hon. Mooring Secretary in
accordance with rule 10.3 of the Mooring and Pound Bye-laws for a period not
exceeding 3 months. Temporary Members must abide by the Rules and Byelaws of
the Club and shall have no vote. Temporary Membership application forms are
available from the Hon Mooring Secretary and subscription rates displayed on
the Mooring and Pound scale of charges.
4.2.20 Temporary
Members will have access to the full use of the club and social facilities
subject to the following restrictions. May
not stand for any committee position or attend any committee meetings; may not
take part in any RYA training course offered by the Club; may not hire Club
boats; and may not introduce more than two guests in any one day.
4.3 Miscellaneous Membership Rules.
4.3.1 Any member upon request shall produce
proof of their current membership whenever called upon so to do by any member
of the Committee or Bar staff.
4.3.2 It is the responsibility
of the individual to inform the Honorary Membership Secretary when any change
of membership category is appropriate.
4.3.3 Every member
shall furnish the Hon. Membership Secretary with an up to date address for correspondence.
Any change of postal address, telephone number or e-mail should be notified
within 14 days. Any notice or correspondence sent to the last known address
held on the Register of Members shall deemed to have been duly delivered.
4.3.4 Children under
the age of 16 are not permitted access to the Club unless accompanied by a
responsible adult member over 18 years. Children under 16 wishing to engage in
Club organised sail training or coaching must be registered within a Family
Membership
4.3.5 The Committee
will decide any anomaly or application for membership or change of membership
class, which does not fit comfortably within the above classes, on an
individual basis. Such cases will not be considered as setting a precedent, nor
will they lead to increased or changed membership classes.
4.3.6 No member
shall lend his gate card or Club key to a non-member.
4.3.7 Any member
employing a contractor to carry out work on his boat or other property at the
Club must at all times be on site to ensure the contractor is compliant with
all the Club rules & Byelaws. If this is not practicable, he shall ensure
that another member is able to undertake this duty on his behalf.
4.4 Application for Membership
4.4.1 Prospective
members will be required to complete the application form. The form must be
returned to the club's Hon. Membership Secretary who will display it on the New
Members notice board for a minimum of 10 days.
4.4.2 Submission of
an application form to join the Club either in hard copy or electronically by
the applicant is deemed acknowledgement that these Rules (and any bye-laws made
under the authority of these Rules) constitute a legally binding contract to
regulate the relationship of the members with each other and the Club. To avoid
misunderstanding members are advised to regularly review the Rules and Byelaws.
4.4.3 Normally,
prospective members will be invited to join the Club for a 12 month
probationary period applicable from the date of payment of the initial
membership subscription and entrance fee. The Club reserves the right to refuse,
withdraw or extend probationary membership without leave to appeal at any time
during the probationary period if in the opinion of the Committee he/she is
either unworthy as a member or injurious to the interest of the Club.
4.4.4 Prospective
Members applying to join the Club after the 1st of August shall be charged 10%
of the applicable subscription for each remaining complete or part month of the
year. The entrance fee will be
applicable in full.
4.5 Disciplinary Process.
4.5.1 Any conduct,
which in the opinion of the Committee is either unworthy of a member or
otherwise injurious to the interests of the Club, shall render the member
liable to disciplinary action by the Committee, which may include suspension
for a specified period or expulsion.
4.5.2 Before taking
such disciplinary action against a member, the Committee shall call upon that
member for a written explanation of the members conduct and shall give the
member an opportunity to discuss the matter with the Committee or resigning.
4.5.3 A resolution
to apply a sanction shall be by a 75% majority vote of those members of the
Committee present.
4.5.4 A member wishing to resign his
membership shall give notice in writing to the Hon. Membership Secretary before
the last day of December and shall not then be liable to pay any subscription charges
for the following year.
4.5.5 In the event that a Member or
Probationary Member resigns or is expelled from the Club during a subscription
year the Membership subscription, entrance fees and administration charges are
non-refundable. All property must be removed before a member resigns or within 7
days following being expelled. If not removed as required the property will be regarded
as unauthorised and dealt with as defined in the section of the Mooring and
Pound Byelaws relating to abandoned or unauthorised property.
4.6 Fees
4.6.1 The Finance sub-Committee shall submit
to the Committee their recommendation for the following year’s annual subscription
rate and subscription surcharge in lieu of participating membership. The
subscription rate for all membership classes is calculated as a percentage of the
Family Membership subscription agreed at a General Meeting.
4.6.2 Membership
fees are due on the 1st of February.
The Hon. Membership Secretary will issue invoices in January.
4.6.3 At the discretion of the Committee the
joining fee may be waived if a former member of the Club applies to re-join,
4.6.4 A Club member who has failed to pay their
Membership subscription to the Club within 28 days of being due shall be in
arrears and will then be subject to a surcharge as set by the General
Committee. A notice will be sent to the member notifying them of this fact. If
outstanding membership subscriptions and any surcharges are not paid within a
further 21 days, the member will be regarded as having resigned. At such time,
any property remaining on the Club premises or moorings will be regarded as unauthorised
and dealt with as defined in the section of the Mooring and Pound Byelaws
relating to unauthorised or abandoned property. At the discretion of the
Committee, following notice of special circumstances any surcharge imposed may be waived.
4.6.5 The Finance sub-Committee shall submit
to the Committee their recommendation for the following year’s annual mooring
fees and pound fees for their ratification. Mooring and Pound fees are due on
the 1st of April. The Hon. Mooring Secretary will issue invoices in March.
Failure to pay by the due date will be dealt with under the regulations defined
in the Mooring and pound Byelaws.
4.7 Participating Members & Beneficial Work
4.7.1 The Club is
run by the members for the members. The Club therefore expects all members to
take an active role in the operation of the Club and (subject to the exclusions
below) is required to contribute at least the time agreed by AGM of qualifying
beneficial work between the 1st January & 31st December
in any year.
4.7.2 Qualifying
work shall be by volunteering to undertake a service of benefit to the Club’s
operations or activities. If a member intends to undertake any work, they
should first verify with a member of the Committee that the activity is regarded
as qualifying.
4.7.3 Members must
declare before the 1st January in each year that they will provide
the minimum hours of work activity during the following 12 months and will be
known as Participating Members. Members may choose to opt out of the work requirements
and will be declared Non-participating Members as will those who fail to
declare participation by the due date.
4.7.4 The number of
hours worked, the date, task, and signature of the authorising Committee member
shall be recorded at the time the duty is undertaken or as soon as practicable
after completion. Work party duties may
be performed by either member listed in the membership database for Family and
Senior Partner memberships The record shall be submitted to the Honorary
Membership Secretary as soon as the required hours are completed and in any
case by 31st of December.
4.7.5 When any
Single Member or when either partner in a Family or Senior Partner Membership
class is aged 72 or over on the 1st of January they shall thereafter
be exempt work party duties. In addition, on application to the Committee outlining
special circumstances and at the discretion of the Committee other members may
be exempt for one year.
4.7.6 Members who
declare themselves as participatory and fail to produce evidence of their work
party hours shall be declared as non-participatory for the coming year and be subject
to the membership subscription surcharge for both the coming and previous year
on their next subscription renewal invoice.
4.7.7 A
non-participatory member providing evidence of not less than the time agreed by
AGM of work party contributions by the 31st December of the current
year shall be entitled to a retrospective refund of the membership surcharge
and has the option to declare himself or herself as participatory for the
following year.
4.7.8 All
participatory members are required to identify activities that they are capable
of undertaking and to make proactive enquiries with the Secretaries or
Committee members as to tasks that they can be allocated before 1st July in the
year.
4.7.9 Members
applying to join the Club who are not of an age or membership class exempt
participation shall indicate whether they intend to be a participatory of
non-participatory member on their application form. Members joining the Club shall be excused
performance of work party duties up to the 31st December in the year
in which they joined.
5
VISITORS
& GUESTS.
5.1 Only Full
members may introduce guests to the club who shall sign the Club Visitor Book.
A Full member is any member with voting rights.
5.2 Visitors
(persons visiting the club of their own volition, members of RYA affiliated
Clubs or contractors working at the Club (either for the benefit of the Club or
a Club member) shall make an entry in the Club Visitor Book after making
contact with a Club member. Contractors must be covered by insurance in respect
of third party public liability and shall be escorted in accordance with Rule
4.3.8.
5.3 With the
exception of visiting members from RYA Affiliated Sailing Clubs, no visitor or
guest may purchase alcoholic beverages from the Club bar.
5.4 In the event
that the Committee conclude that a guest or visitor is abusing the use of guest
or visitor status, he will be asked to refrain from further entering the club
premises. Should the guest or visitor wish to continue to use the Club
facilities they should be offered membership. Typically, the Committee will
consider that an individual may visit the Club as a guest or visitor on no more
than six occasions in a 12-month period.
6
INSURANCE
& LIABILITIES
6.1 All boats
owned by members must be covered by third party insurance to the limits defined
in the Mooring Byelaws
6.2 All
references to the Club in this Rule shall mean each and every individual member
of the Club from time to time.
Members
are bound by the following Rule which shall also be exhibited in a prominent
place within the Club premises:-
Members
of the Club may use the Club premises, and any other facilities of the Club, entirely
at their own risk and impliedly accept:-
(a)
The Club will not accept any liability for any damage to, or loss of property
belonging to members.
(b)
The Club will not accept any liability for personal injury arising out of the
use of the Club premises, or any other facilities of the Club, either sustained
by members or caused by the said members, whether or not such damage or injury
could have been attributed to or was occasioned by the neglect, default or
negligence of any of them, the Officers, Committee, Trustees or Servants of the
Club.
7 GENERAL MEETINGS
7.1 A General
Meeting may take the form of an Annual General Meeting (AGM) or a Special
General Meeting (SGM).
7.2 An AGM shall
normally be held in the Club premises between mid- November and early December
each year on a date selected by the Committee.
7.3 An SGM may be
called at the request of the Committee or on receipt by the Honorary Secretary
of a written request to this effect signed by a minimum of twelve members of
the Club. The Honorary Secretary will issue a Notice of a SGM not less than 40
days in advance of the meeting.
7.4 At General
Meetings of the Club, the Chairman shall be the most senior Flag Officer
present or a deputy nominated by that Flag Officer.
7.5 Every member
of a class entitled to vote may attend a General Meeting and shall have one
vote. In the case of an equality of votes for and against a proposal, the
Chairman of the meeting shall have a second or casting vote.
7.6 Crew Members,
Temporary Members, Honorary Members, children of Family Members, and Student
Members under the age of 18 are not permitted to attend or vote at General
meetings.
7.7 The Agenda for
the AGM shall contain the following topics:
|
a) Apologies
|
g) Election of
Trustees (if required)
|
|
b) Approval of
Minutes of previous AGM
|
h) Approval of
Membership Subscriptions for following year
|
|
c) Matters
arising from those minutes
|
i) Any
proposals regarding rules or other matters
|
|
d) Reports from
Flag Officers
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j) Address by
any new Commodore
|
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e) Treasurers
Report
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k) Any Other
Business
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f) Election of
Flag Officers, Honorary Positions and General Committee Members
|
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7.8 The timescale
of events leading up to the AGM shall be
40
days before the meeting. The
Honorary Secretary shall at least 40 days before the date of such meeting
notify members the date and time of the meeting.
Prepare
nomination papers for members wishing to stand for election as Flag Officers,
Honorary Positions, and Specified Committee positions.
Prepare
nomination papers for members wishing to stand for election as Trustees (if
required).
28
days before the meeting. Names of
candidates for election as Flag Officers and their proposer and seconder must
have been provided to the Honorary Secretary
Names
of candidates for election as Honorary Officers and their proposer and seconder
must have been provided to the Honorary Secretary.
Names
of candidates for election as Committee members and their proposer and seconder
must have been provided to the Honorary Secretary.
Names
of candidates for election as Trustees (if required) and their proposer and
seconder must have been provided to the Honorary Secretary
The
Hon Secretary shall have received the details of all proposals for inclusion in
the agenda to be considered at the meeting.
14
days before the meeting. The Agenda
for the meeting, the Budget for the 12 months following the meeting, the list
of candidates standing for election, the proposals to be put to the membership
and a copy of the annual accounts shall be displayed on the notice board and
notified to each eligible voting member.
8
ELECTIONS
AND RULE CHANGES
8.1 General
8.1.1 All elections
shall be by secret ballot.
8.1.2 Nominees and
Seconders for any Member wishing to stand for election to the Committee or
those proposing rule changes shall be full voting Members of the Club.
8.2 Election of Officers and Committee
8.2.1 The Flag
Officers and Committee shall be elected at the AGM each year and shall hold
office until the conclusion of the AGM the following year.
8.2.2 The retiring
Flag Officers and Committee shall be eligible for re-election excepting that no
Member should hold the office of Commodore for more than two consecutive years,
or Rear Commodore for more than four consecutive years.
8.2.3 If having
completed the maximum term as a Flag Officer there are no nominations to fill
such a vacancy, then subject to the approval of the Committee, the membership
attending the AGM may be asked to vote to accept the retiring Flag Officer to
stand for a further 12 months, if he or she is willing to stand.
8.2.4 A candidate
for election to any other Committee position (other than retiring Flag
Officers) shall not be considered unless the name of the candidate and their nominee
and seconder shall have been communicated to the Honorary Secretary by the date
preceding the AGM at which the election is to be held as specified in rule 7.8.
8.2.5 Candidates for
election as Trustees to the Club shall be duly nominated
and seconded by Full Members of the Club and submitted to the Honorary Secretary
by the date specified in rule 7.8.
8.2.6 If a candidate for election is
unopposed, they shall only be deemed to have been elected if a majority of
those present at the meeting and casting a vote, vote in favour of the
candidate being so elected.
8.3 Vacancies
8.3.1 If any vacancy
shall occur in the office of Commodore or Rear Commodore, the Committee shall
convene a SGM for the election of a replacement to fill such vacancy until the
next AGM. A SGM need not be convened if
the vacancy occurs when an AGM is due to take place within the following 4
months.
8.3.2 If the vacancy
occurs in the office of Commodore, the Rear Commodores shall agree which of
them shall move to temporarily fill the vacancy of Commodore until the vacancy
is filled at a SGM or AGM.
8.3.3 If the vacancy
occurs with either Rear Commodore, the Commodore shall nominate themself or the remaining Flag Officer or Committee members
to cover the vacant responsibilities until a SGM or AGM.
8.3.4 If any vacancy
shall occur among the members of the Committee other than the Commodore or
Rear-Commodore, the Committee shall have the power to fill such vacancy by
co-option.
8.4 Alterations of Rules
8.4.1 Notices of any
proposed alteration or addition to the rules by a Full Club Member shall be
given to the Honorary Secretary in writing by the date specified in Rule 7.8
for an AGM, or at least 28 days before any SGM. Full particulars of such
proposed alterations or additions shall be set out in the notice convening the
meeting.
8.4.2 All such
proposed alterations or additions and any amendments to them, which must be
proposed and seconded, shall be put to the vote of the meeting. Provided that
on a show of hands or, if demanded, on a poll, the number of votes cast in
favour of the proposed alteration, addition or amendment shall be numerically
greater than two thirds of the number of members casting a vote, then the same
shall be deemed to have been carried.
9 SUPPLY & CONSUMPTION OF
INTOXICATING LIQUOR
9.1 The supply of
intoxicating liquor in the Club premises including the purchase of intoxicating
liquor for the Club shall be under the control of the House Committee.
9.2 The sale or
supply of intoxicating liquor by the Club will only be permitted during the general
licensing hours in force within the licensing district wherein the Club
premises are situated.
9.3 The Club
licensed area is the part of the premises set aside for the sale and
consumption of intoxicating liquor. The licensed area is governed by the alcohol
license granted to the Club by the local authority. The extent of the licensed area is all parts
of the clubhouse, extending to the area between the front of the Club House and
the foreshore marked by the boundary of the lawn.
9.4 Only alcoholic
beverages purchased from the Club bar may be consumed in the licensed area.
9.5 No person
under the age of 18 years shall be supplied, offered or consume any
intoxicating liquor in the licensed area or elsewhere on the club site.
9.6 As stated in
rule 5.3 With the exception of visiting members from RYA Affiliated Sailing
Clubs, no visitor or guest may purchase alcoholic beverages from the Club bar.
9.7 From being
granted membership to the Club, two clear days must elapse before a new member
may purchase alcoholic beverages from the Club bar.
9.8 It is
forbidden to consume alcohol on any of the boats owned by the Club.
10 WINDING UP
10.1 A proposal to
wind up the Club may be put to the members at a General Meeting called and
conducted in accordance with Rule 7.
10.2 The proposal
will be adopted if it is supported by no less than three fourths of those
members attending the meeting and eligible to vote.
10.3 In any winding
up the Club, the Trustees will act in accordance with Rule 3.8 of the Club, and
the Trustees Act 1925, as amended.
10.4 The Trustees
shall have authority to reimburse reasonable expenses incurred during the
winding up of the Club.
10.5 After settling
all liabilities of Hythe (Southampton) Sailing Club, the Trustees, under the
direction of the Committee, shall dispose of the net assets remaining to one or
more of the following:
a) To another Sailing Club and/or:
b) To another sports Club
with similar purposes - and/or:
c) To the R.Y.A. as the
Club's national representative body, in trust, for use by them for the benefit
of related sports.
The above Rules were
approved at the SGM on 12/07/2017 and will come into force at 23:59 on
12/07/2017.
Michael Thomas David
Wright John Rushmer
Commodore Rear
Commodore Rear
Commodore
Rules & Bylaws
