Tamworth SC

RULES AND BYE-LAWS

PRELIMINARY

1. The name of the Club shall be Tamworth Sailing Club Limited.

2. The Clubroom and Headquarters of the club shall be at Bodymoor Heath, Kingsbury, Warwickshire, or at such other address as the club may in General Meeting determine.

3. The purposes of the Club are to promote the amateur sport of dinghy sailing in the Tamworth and North Warwickshire area, to encourage community participation in the same and to encourage and foster a spirit of goodwill and fellowship among all members

4. The club shall consist of Founder, Full, Honorary, Limited, Junior, Disabled, Concessionary and Longshore Members.

a) Founder Members are those members of the club who were responsible for the foundation of the Club in 1954. Their rights and obligations shall be the same as other Members.

b) A Full Member shall be entitled to full club privileges including the right to vote at General Meetings. Full membership shall extend to the member's spouse and children up to the age of 18 years (unless in full time education when it extends up to the age of 21 years), but shall only carry one vote.

c) A Limited Member (intended for crews of full members only) shall be entitled to all the club privileges but he may not bring a boat to the club and cannot sail club boats. Limited membership shall extend to the member's spouse and children up to the age of 18 years (unless in full time education when it extends up to the age of 21 years), Limited members are not entitled to vote. .

d) A Junior member (under 18 years or in full time education and under 21 years) shall be entitled to full club privileges including boat ownership, but is not entitled to vote. Junior membership is on an individual basis and shall not extend to the member’s family. A Junior member must be accompanied by another adult member (of minimum Longshore status) be they parent, guardian or sponsor, who will undertake responsibility for that Junior member subject to Bye Law 6 at all times.

e) A Longshore member being an adult (over 18) who does not wish to participate in any sailing activity, either helming or crewing, but who wishes to retain contact with Tamworth Sailing Club on a social basis, shall be entitled to all club privileges except that he / she may not bring a boat to the club and is not entitled to vote. Longshore Membership shall also extend to the member’s spouse. Alongshore members will not be required to participate in Duty Teams. A Longshore Member can upgrade to Full membership at any time during a membership year by paying to the Club the difference between the Full subscription and the Long shore subscription.

f) A Concessionary member will include Students in full time education between the ages of 18-21 years on production of a Student Union Card and all Full members having attained the statutory age of retirement (or retired early and in receipt of invalidity benefit). A Concessionary member will be entitled to all the privileges of a Full member but will qualify for a reduction of half the current Full membership subscription.

g) A Disabled Membership is available as described in Rule 7. Disabled members shall be entitled to the full club privileges of their grade of Membership, Disabled membership shall extend to the member's spouse and children who are not boat owners.

h) The limit of membership shall be decided by the General Committee having full regard to the circumstances at the time and what is considered to be in the best interests of the club.

MEMBERSHIP

5. (a) Membership of the Club shall be open to anyone interested in the sport on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs. However, limitation of membership according to available facilities is allowable on a non-discriminatory basis.

(b) The Club may have different classes of membership and subscription on a non-discriminatory and fair basis. The Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.

(c) The Club Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or the sport into disrepute. Appeal against refusal or removal may be made to the members at a meeting of members convened by the General Committee.

(d) Every candidate for Full Membership other than founder Members must be proposed by one member of the Club and the proposal must be seconded by another member, both the proposer and the seconder being Full Members, and both vouching for the candidate’s fitness for membership. The name and address of every candidate proposed for Full Membership together with the names of his proposer and seconder, shall, for a period of at least two days before such candidate is elected, be posted in the clubhouse in the manner prescribed in Rule 30. Election to membership shall be either by the Club in general meeting, or by the general committee of the Club.

6. Honorary 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. There shall not at any one time be more than six honorary members.

7. The Club actively encourages Sailing for the Disabled. Disabled Membership in any of the Club Membership Grades is available to Registered Disabled Persons at a reduction of 50% of the respective entrance fee and Annual Subscription. Not more than 100 persons may be admitted to the club as Limited Members. Limited members shall be liable to pay an entrance fee. Junior and Longshore members shall not be liable to pay an entrance fee.

There shall be no restriction on the number of junior members. Any person applying as a Junior Member must, at the time of application and throughout their Junior Membership (if elected), have a parent or guardian undertake responsibility and liability for the Junior Member.

Limited, Junior, Disabled and Longshore members may be elected by the General Committee of the club.

8. No person shall be admitted to membership until, having been elected as provided in Rule 5, he shall have paid to the Hon. Treasurer within thirty days of being elected, in the case of a Full, Limited or Disabled Member, the appropriate entrance fee and his first annual subscription, or, in the case of a Junior or Longshore member, his first annual subscription.

9. No person, whether as Full, Limited, Junior, Disabled, Longshore or Honorary Member, 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 nomination or application for membership and his 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 becoming a member and his admission.

 

COMMITTEE AND OFFICERS

10. The affairs of the club in all matters not in these rules reserved for the Club in General Meeting shall be managed by the General Committee of the Club. The General Committee shall consist of a Commodore, Vice Commodore, Rear Commodore (Flag Officers), Honorary Secretary, Honorary Treasurer, Honorary Handicapper, Honorary Sailing Secretary, Honorary Social Secretary, Honorary Membership Secretary and five other elected members. They shall retire at each Annual General Meeting. No elected member shall serve as such for more than three years in succession. No Flag Officer shall serve for more than two years in succession in the same rank but shall be eligible for re-election one year after standing down.

The General Committee may appoint one or more sub-committees for such purposes as it may deem appropriate. Four members shall constitute a quorum of the General Committee, one of whom must be a Flag Officer, and two shall constitute a quorum of a sub-committee.

The Officers and General Committee shall be elected at the Annual General Meeting, and may be elected from any class of member, except that Flag Officers must be Full or Honorary Members.

11a) The Secretary shall keep such registers of Members, Minutes of Committee and General Meetings, and other records of the Club.

11b) The Commodore, Honorary Secretary, Honorary Treasurer and Honorary Sailing Secretary shall constitute the Executive Committee of the Club, and shall have power to transact the day-to-day business of the Club. Any decision by this Executive Committee must be submitted to the General Committee for confirmation.

12a) The General Committee shall appoint a Sailing Committee which shall be responsible for the programme and management of racing, and also a House Committee which shall be responsible for the management of the Clubhouse and the organisation of social events. In all other matters the Sailing Committee and House Committee shall be responsible to the General Committee.

12b) The House Committee shall consist of the Vice Commodore, Honorary Treasurer, Honorary Social Secretary, plus 4 other Founder, Honorary, Full, Limited, Disabled or family members.

12c) The Sailing Committee shall consist of the Commodore, Vice Commodore, Honorary Sailing Secretary, Honorary Handicapper and the elected Class Captains of the adopted fleets and the Handicap Fleet. Class Vice Captains may attend.

13) Subject to any directions given by the General Committee, the Honorary Secretary may, on behalf of the Club, engage domestic staff and other Club servants as may be necessary for the efficient and economical running of the Club, and may lawfully terminate any such engagement.

SUBSCRIPTIONS, FINANCES AND ACCOUNTS

14a) The entrance fee for Full, Limited and Disabled Members, and the annual subscriptions for Full, Limited, Junior, Disabled, Longshore and Youth Members shall be sums as the membership at the Annual General Meeting may from time to time determine. At the discretion of the General Committee, a Full, Limited, Junior or Youth member may be allowed to pay a reduced subscription for any period less than the full year. An annual fee, similarly determined, shall be payable for each boat berthed on the Club premises.

14b) All Full members having attained the statutory age of retirement, or retired early and in receipt of invalidity benefit, will be entitled to a reduction of half the current Full Membership subscription whilst retaining all other privileges of Full Membership.

15a) Annual subscriptions shall be payable on election as provided in Rule 8, and thereafter without demand, subscriptions shall fall due in March every year. Discounted subscriptions as agreed from time to time in General Meeting, shall be applicable if they are paid by 1st March. Members not paying subscriptions by 1st April shall be deemed to have resigned. Park passes will only be renewed once subscriptions have been renewed.

15b) If at any time any fees payable to the Club by any member or former member shall be three months or more in arrears:

i) The General Committee shall be entitled to move the member's boat to any other part of the premises without being liable for any loss of or damage to the boat howsoever caused.

ii) The General Committee shall be entitled, upon giving one months notice in writing to the member or former member, at his last known address shown in the register of members, to sell the boat and to deduct any moneys due to the club, (whether by way of arrears of subscriptions or boat berth fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member.

iii) Alternatively any boat which in the opinion of the General Committee cannot be sold may upon such notice as aforesaid, be disposed of in any manner the General Committee may think fit and the expenses recovered from the member or former member. Any arrears as aforesaid shall be deemed to be a debt owing to the Club by the member or former member.

Further the Club shall, at all times, have a lien over member's or former member's boats parked or berthed on the club's premises in respect of arrears of boat berth fees or subscriptions or otherwise.

16a) The Hon Treasurer shall keep such proper books of account as will enable him to present at every Annual General Meeting of the club, or at any other time if required (on reasonable notice to him) by the General Committee, a properly audited 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.

16b) The income and property of the Club shall be applied solely towards the promotion of its objects as set forth in the Memorandum of Association. All surplus income or profits are to be reinvested in the Club. No surpluses or assets will be distributed to members or third parties. No portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to members of the Company and no Director shall be paid by salary or fees or receive any remuneration or other benefit in money or money’s worth from the Company for discharging his duties as such. In the event of dissolution or winding up, rule 34 shall apply.

17. Any member wishing to resign shall give the Hon Membership Secretary due notice thereof, in writing, not later than 31st March, otherwise he will be liable for payment of his subscription for the ensuing year.

INTOXICATING LIQUOR

18. The supply of intoxicating liquor in the Club premises will be permitted only on organised Club occasions as specified by the General Committee, during the following hours:

Weekdays: 11 a.m. to 11 p.m.

Sundays, Christmas Day and 12 noon to 3.00 p.m., and

Good Friday: 5.00 p.m. to 8.30 p.m.

(Any variation in the permitted hours of the district shall apply).

No intoxicating liquor shall be supplied to members or to any other persons 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 a Member. Persons under the age of eighteen years may not purchase or attempt to purchase intoxicating liquor on the Club premises.

19. The General Committee shall arrange the supply of intoxicating liquor by the Club to Members, and to other persons on the Club premises, and shall secure the due observance of the provisions of the Licensing Act 1964, and all acts relating thereto, and of any conditions attached to any licence held by or on behalf of the Club for the supply of intoxicating liquor, or to any registration certificates granted in respect of Club premises.

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

GENERAL MEETINGS

21a) An Annual General Meeting of the Club shall be held during September in every Year. Notice of the day and time of the Annual General Meeting shall be posted in the clubhouse in the manner prescribed in rule 30 for a period of at least 21 days before such day

21b) Nominations for Officers and Committee must be with the Honorary Secretary in writing 28 days before the AGM

22. A General Meeting of the Club may be summoned at any time by the General Committee, and shall be so summoned immediately upon any 10 Full Members delivering to the General Committee a written request in that behalf. A General Meeting shall be summoned by causing a notice thereof to be posted in the Club premises in the manner prescribed in Rule 30 for a period of at least 14 days immediately before the day appointed for the meeting, but this period may be abridged at the discretion of the General Committee if, in their opinion, the urgency of the business to be discussed so requires.

23a) At any General Meeting of the club, every Member of the Club shall be entitled to be present, and every Full or Honorary member shall be entitled to one vote on every question raised. Voting by proxy shall not be permitted. In the case of equality voting the Chairman (who shall be the Commodore, or, in his absence, a Member elected for the occasion) shall have a casting vote. The Hon Secretary shall take minutes of the proceedings at all General Meetings of the Club.

23b) At all General Meetings, 15 Members shall constitute a quorum.

23c) Reports shall be made by the Commodore, the Honorary Secretary, the Honorary Sailing Secretary, the Honorary Social Secretary and the Honorary Membership Secretary.

VISITORS

24. Members may introduce and entertain guests at the Club, and there shall be kept at the Club premises a Visitors' Book which both the Member and his guest shall sign. The Member introducing a guest shall be responsible for his guest strictly observing these Rules and the Club Bye-laws and shall not leave the Club premises before his guest. No person whose membership of the Club has been terminated under Rule 29 or who is for the time being suspended under Rule 27, 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 two guests at any one time, nor introduce as a guest the same person on more than three occasions in any one calendar year.

BYE-LAWS

25. The General 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.

CONDUCT OF MEMBERS

26. 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 or with any entertainment or event held by or in connection with the Club, without the written authority of the General Committee. Gaming shall be permitted in the club, so as, however, not to contravene any of the provisions of the Betting, Gaming and Lotteries Act 1963, or any statutory modification thereof for the time being in force.

27. The General Committee may suspend the membership of any Member whose conduct, whether on the Club premises or elsewhere, is or has been, in the opinion of the General Committee, contrary to the interests of the Club or injurious to its reputation.

28. Immediately upon the suspension under Rule 27 of the membership of any Member, the General Committee shall:

1. Cause a General Committee Meeting of the Club to be summoned for a day not later than the twenty-first day following the suspension.

2. Give notice to the suspended Member at his address, as last notified to the Hon Membership Secretary under Rule 30, of his suspension and inform him that if he so desires he may be present at the said meeting.

29. At any such meeting any allegations against the suspended Member shall be related (in his presence if he attends) to the meeting by a member of the General Committee, and the suspended member shall (if he so desires) be heard in answer, a reasonable adjournment to enable him to prepare his answer being allowed him at the discretion of the meeting. The decision of the Club at the said meeting or at any adjourned meeting whether to reinstate the suspended member or to terminate his membership shall be taken by vote.

NOTICES

30. Each Member shall keep the Hon Membership Secretary informed of that Member's private address, or of some other address to which communications for him may be addressed. Nevertheless, it shall not be necessary to send any notice intended for Members generally, to any Members by post or otherwise, except in the case of the notice convening any General Meeting for any of the purposes of Rule 34. All notices shall be posted by being affixed in a prominent position on the Club premises in a part of the Clubhouse which is frequented by Members, and it shall be the duty of the Hon Secretary to ensure that any such notice remains so exhibited throughout any period required in that behalf by or under these Rules.

ALTERATION OF RULES

31. These rules may be revoked, added to, or altered by a majority comprising two-thirds or more of the votes cast (excluding abstentions) by the Members present and entitled to vote at any General Meeting of the Club of which notice has been duly given under Rule 21 or Rule 22, specifying the intention to propose the revocation, addition or alteration, together with full particulars thereof. Any such proposal intended for the AGM must be given to the Honorary Secretary in writing not later than the 30th June prior to the Annual General Meeting in September.

All proposed Rule changes must be circulated to Members before the Annual General Meeting.

EXCLUSION OF LIABILITY

32. Neither the Club nor any Officer thereof shall be liable to any Member or guest of a Member for any loss of or damages to any property occurring, from whatever cause, in or about the Club premises, nor for any injury sustained by a 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.

CLASS ADOPTION

33a) The Club shall not have more than 5 adopted senior classes and two junior classes. In addition there shall be a Handicap Fleet.

33b) The current adopted senior classes shall be the Streaker, the International Enterprise, the International GP 14 and the International Laser. The adopted junior classes shall be the International Optimist and the international Topper.

33c) The Handicap fleet shall comprise any sailing dinghy within the current list of Portsmouth Yardsticks up to a maximum of 1500 inclusive, up to and including 4.6 metres in length, which are monohulls and are governed by a recognised National Authority, subject to the discretion of the General Committee which will consider all applications.

33d) If the number of boats in any senior class, having raced in the previous 12 months, falls below 5, its continuance as an adopted class shall be subject to review by the General Committee and the class may be unadopted at a General Meeting. Remaining members of such classes would automatically join the Handicap Fleet.

33e) Provisional adoption may be granted, should a vacancy occur, by the General Committee, to any recognised class when eight Full, and/or Youth Members covenant to acquire boats of this class, with current racing certificates, within 6 months of the class being provisionally adopted

33f) An adopted class is defined as one appearing within the current list of Portsmouth Yardsticks up to a maximum of 1500 inclusive, is up to and including 4.6 metres in length, is a non-trapeze monohull, and is governed by a recognised National Authority.

33g) Provisional adoption must be ratified by a General Meeting of Members before final adoption.

33h) The General Committee may decide from time to time the number of boats allowed in each class.

33i) All adopted classes and the Handicap Fleet will elect from among their members a Class Captain to represent them, who will automatically be a member of the Sailing Committee. Adopted classes will elect from among their members, a Class Vice Captain to represent them and who may attend sailing committee meetings either with or on behalf of the Class Captain.

33j) The Club will do all possible to further the interests of those adopted classes and to provide regular racing for them and Handicap Fleet. Class racing will be organised if possible, and if justified by numbers.

33k) Members will adhere to the normal courtesies and customs whereby a boat not racing will not interfere with a boat that is racing.

DISSOLUTION

34. If the number of Full Members of the Club shall at any time fall below 10, or if at any time the Club shall pass in General Meeting by a majority comprising three-quarters or more of the Members present and entitled to vote, a resolution of its intention to dissolve, the General Committee shall take immediate steps to convert into money all the property of the Club, with power however, to postpone or delay the conversion of any particular property if the Club in General Meeting shall so authorise. Out of the proceeds of such conversion, the General Committee shall discharge all debts and liabilities of the Club, including the expense of such conversion, and any remaining assets shall not be paid to or distributed among the Members but shall be given or transferred to another registered Community Amateur Sports Club, a registered charity or the governing body of the sport, for use by them in community related sports.

A copy of the notice convening any General Meeting under this Rule shall be sent by the Hon Secretary by post to every Member at his address last notified to the Hon Membership Secretary under Rule 30, not less than 14 days before the date appointed for the meeting, but any accidental omission to send such copy or the non-receipt of the same shall not invalidate any proceedings or resolution.

BYE-LAWS

1. All Members shall strictly observe the rules of the Tamworth Sailing Club and any special rules applicable to the water.

2. Any member who, through misconduct, wilful negligence, or breach of the Club Rules, causes damage to Club property, shall be held personally responsible for the loss or damage incurred.

3. The Sailing Committee, represented by the Officer of the Day appointed by them, has full power to control all racing and sailing activities, and to enforce any safety precaution considered necessary.

4. All races shall be in accordance with R.Y.A. rules.

5. Effective personal buoyancy must be worn whilst afloat. It shall be the responsibility of every individual Member participating in cold weather sailing to ensure that they wear a wetsuit/drysuit or other suitable protective clothing to minimise the risk of hypothermia.

6. Children under the age of 14 including Junior Members and family members, must be accompanied by and under the control of a parent, guardian, or responsible adult member, and must wear effective personal buoyancy at all times, on or off the water.

7. Dogs shall be on a lead at all times within the confines of the Club, and no dog shall be allowed in the Clubhouse at any time.

8. Subject to obtaining the prior permission of the General Committee, and on conditions which may at any time be amended or withdrawn by the General Committee, a Full Member who already owns an adopted class boat and who undertakes to support the Club events with it, may be allowed to bring a second boat of a non-adopted class to the Club waters, provided such boat is not on the water between the times of 60 minutes before the start of the first event and 30 minutes after the finish of the last event on any racing day during the summer season.

9) Any Member wishing to bring any boat to the site will notify the Hon Membership Secretary with details of the class and sail number on a Boat Registration Form of the Club.

At the next General Committee, the Committee will consider the application and, if approved, will register the boat in Club records. If requested, (on the boat registration form) the Committee will then allocate a boat berth, having regard to the facilities available.

No boat can be left on the site until this procedure is completed, when the Harbourmaster will inform the Member of the berth allocated.

After written notice from the Committee, a Member may be required to relinquish a berth previously allocated, and accept a different berth in the interests of good management of the boat park.

Members are responsible for securing and covering their boats. Road trailers cannot be left on the site. Immobilised 'combi' trolley-trailers are acceptable.

Members are encouraged to inspect their boats during severe weather.

10. Access to the Club site will be defined by signs, which must be observed.

11. Members' cars must be left in the Club car park at all times. The object of this bye-Law is to maintain the goodwill of the landowner, and its strict observance is important

12. By joint agreement with Midland Powerboat Club, no sailing shall take place on days allocated to the Powerboat Club.

13. Bathing from the club enclosure is prohibited.

14. The Officer of the Day is empowered to exercise a reasonable control over the playing of radio sets and any activities prejudicial to the general atmosphere seemly in a Sailing Club, in the interests of the majority.

15. Members are recommended to take out full comprehensive insurance on all boats.

16. It is a condition of Membership that all boats shall be insured for third party risks - the minimum amount to be £1,000,000.

Junior or family Members cannot sail a senior class boat in Club racing until after their 15th birthday unless accompanied by a Full Member, and only then with the permission of the General Committee. Junior or family Members under 14 are not permitted to be in charge of boats having a Portsmouth Yardstick less than 1270 without the sanction of the General Committee. Junior or family Members over the age of 12 are allowed to sail (including race), whilst under supervision or training, any recognised boat with a Portsmouth Yardstick of 1270 or over.

18. Working Parties

From time to time working parties are called for to undertake various jobs at the Club. Members will be notified through TamAhoy the nature of the work, with dates, times, and the names of the Members in charge of the project. All Members are expected to do a minimum of four hours work during the year. This policy of D.I.Y. has enabled the Club to keep costs down over the years, and to keep subscriptions to a minimum.

19. O.D. and Assistant Duties

It is a condition of Membership that all Members are required to assist with Race Duties in accordance with a rota drawn up by the Honorary Sailing Secretary. This duty includes providing assistance in the Galley. Failure to attend could result in termination of membership.

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Revised on 11th October 2009 to include amendments made and passed at the Annual General Meetings held in September 2008 and September 2009.