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Home / The Club / Constitution
Home / The Club / Constitution

Constitution

1.

Names and Objects

2.

Officers

3.

Membership

4.

Management Committee

5.

Trustees

6.

Meetings of the Club

7.

Dissolution of the Club

8.

Byelaws, Etc.

SECTION 1 - NAME AND OBJECTS

1.

The name of the Club shall be 'Gurnard Sailing Club

(hereinafter referred to in these rules as the club).

2.

The objects for which the club is formed are to promote and facilitate community participation in the sport of dinghy sailing and yachting and to provide social and other facilities for members as may be from time to time determined.

SECTION 2 - OFFICERS

Officers

of the

Club

3.

The Officers of the club shall be Full or Family members of the club and shall consist of an Admiral, a Commodore, a Vice-Commodore, a Rear-Commodore (Sailing), a Rear-Commodore (House), an Honorary Secretary an Honorary Membership Secretary and an Honorary Treasurer.

The Commodore shall be Chairman of the Management Committee.The Vice Commodore shall chair the Dinghy Week sub-committee and the Rear Commodore (Sailing) and Rear Commodore (House) shall chair the Sailing and House sub-committees respectively.

Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year.All Officers of the Club shall be eligible for re-election.

The Admiral shall only hold office until the next succeeding AGM, but shall be eligible for re-appointment provided that the member who has held the rank of Admiral for four successive years shall not for at least one year following that period be eligible for re-appointment to that rank.

The Executive Officers shall be elected at each AGM and shall hold office until the next succeeding AGM when they shall retire but shall be eligible for re-election provided that a Member who has held the rank of Vice or Rear Commodore for three successive years shall not for one year immediately following the end of that period be eligible for re-election to that rank. A member who has been Commodore for three successive years shall not for one year immediately following the end of that period, be eligible for re-election to any executive flag rank.

A written notice of a member's willingness to stand for re-election as an Executive Officer must be sent to the Honorary Secretary no later than one month before the AGM so that a list of candidates may be published in the notice convening the AGM.

In the case of any vacancy arising in the Executive Officers the General Committee may appoint one of themselves or some other member of the Club to act until the next AGM. For purposes of this Rule, such nominee is deemed to have been appointed at the previous AGM.

Duties of Honorary Secretaries etc.

4.

The Honorary Secretary and the Honorary Membership Secretary shall:-

Duties

of Honorary

Secretary

(a)

Keep a register of club members' names and addresses;

(b)

Conduct the correspondence of the club;

(c)

Keep custody of all club documents;

(d)

Keep full minutes of all meetings of the club, the Committee as defined in S.4 and any sub-committees which shall be confirmed and signed by the appropriate Chairman upon the agreement of the committee.

(e)

Administer such insurance policy or policies as may be needed fully to protect the interests of the club, its Officers and its members;

(f)

Maintain contact with the club's Legal Advisor to ensure that the club's affairs are managed in accordance with current law.

(g)

Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.

5.

The Honorary Treasurer shall:-

Duties of

Honorary

Treasurer

(a)

Cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the club.

(b)

Cause all returns as may be required by law in relation to such accounts to be rendered at the due time.

(c)

Prepare an Annual Balance Sheet as at 31st May in each year and cause such Balance Sheet (and accounts as necessary) to be audited at least once annually and shall thereafter cause the same to be exhibited in the club premises at least fourteen days before the date of the Annual General Meeting.

6.

The Honorary Auditor/s shall:-

(a)

Be appointed at the Annual General Meeting in each year, and shall be a member/s of the Club.

Duties of Honorary

Auditors

(b)

The Auditor/s shall audit the accounts and Annual Balance Sheet of the club when called upon to do so and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or by the Committee;

(c)

If either unwilling or unable to act, inform the Committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting.

SECTION 3 - MEMBERSHIP

Categories and votes of

Membership

7.

There shall be the following categories of membership with power to vote at all meetings of the club as indicated hereunder.The rights and privileges of each category of members are as defined in the latest edition of the byelaws of the club.

A FULL MEMBER -

Class A

Class Ai: Adult aged 25-59

Class Aii:Joint members (2 adults at same address)

Class Aiii: Young Adult aged 18-24

Class B (60 years plus)

Class Bi: Single Member

Class Bii: Joint Members (two adults at same address)

A JUNIOR MEMBER - being a person who, at the date of election, is under the age of eighteen.Known as Class C. (If the member is under thirteen a responsible adult must be on site at the same time as the member.)

Such a member shall be one who at the commencement of the subscription year joins the club other than as a full member or a family member.

A FAMILY MEMBER - which expression shall include one or two co-habiting adults and all children within their guardianship under eighteen years of age. Known as Class D.

Class D(i): Single Adult and Single Child living at the same address.

LIFE MEMBERSHIP is available on request

A TEMPORARY MEMBER - who shall have no vote. Known as Class F.

AN HONORARY MEMBER - who shall have no vote. Known as Class G

AN 'OUTPORT' MEMBER defined as a member or members living outside the Isle of Wight for at least eight months in each financial year, which category of membership shall be available exclusively to those who have formerly held full membership.Known as class H.

H(i): Single member

H(ii):Joint members (2 adults living at same address)

No member may use the club premises, or any of the facilities of the club until forty-eight hours have elapsed from the date of posting of notice of election.

Candidates for membership shall have no privileges whatsoever in relation to the use of the club or premises.

Membership Entrance & Subscription Fee

8.

The rate of Entrance and Subscription fee for each category of Membership shall be proposed by the General Committee to the members at the Annual General Meeting in each year.Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of November in the year following.The current rate of Entrance and Subscription fee shall be prominently displayed in the club premises.

(a) Membership of the club shall be open to anyone interested in the sport of yachting on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.Membership may however be limited according to available facilities on a non-discriminatory basis.

(b) Membership subscriptions will be kept at levels that will not pose a significant obstacle to people participating.

(c) The club Committee may refuse membership or, subject to Rule 17, remove it, only for good cause such as conduct or character likely to bring the club or sport into disrepute.Appeal against refusal of membership may be made to the members in General Meeting.

(d)Applications for membership made during the last four months of the membership year shall be required to pay for the remainder of that membership year 70 percent of the annual subscription.

9.

(a)

Members shall also make the following annual payments:-

An annual boat permit fee of such a sum as the Committee shall from time to time prescribe which shall entitle a member to a space in the club's boat park.

(b)

All members shall pay the Entrance fee (if any) and their first annual subscription upon election to the club and thereafter on the first day of November in each year.

Members'

duty to provide an up to date address

10.

Every member shall furnish the Honorary Secretary with an up-to-date address which shall be recorded in the Register of Members and any notice sent to such address as shall be deemed to have been duly delivered.

Election and retirement of members

Application for membership

11.

An application for membership shall be in the form from time to time prescribed by the General Committee, and shall include the name, address, and contact details of the candidate.

Election of Members

12.

Upon receipt of an application for membership, the Membership Secretary shall enter such application in a Register of Candidates and there shall be an interval of at least two days before the meeting of the Committee at which such application for membership shall be considered.The election of all classes of members is vested in the Committee and shall be a simple majority vote of those of the Committee.

(a) The Committee may refuse applications only for good cause such as conduct or character likely to bring the Club into disrepute.The Honorary Secretary shall inform each candidate in writing of the candidate's election or non-election.He shall furnish an elected candidate with a copy of the Rules and Byelaws of the club and make request for such payments as are necessary.

(b)Appeal against refusal to elect may be made to the members in General Meeting.

Payment of Fees upon Election

13.

Upon election, a candidate shall pay, within one calendar month, such Entrance and other fees as shall be requested.In default of such payment, the election shall be void unless sufficient cause for delay be shown.

One year's temporary absence of member

14.

A member who, for any reason, anticipates inability to use the club or its facilities for the whole of any one year shall be excused payment of the annual subscription and other annual fees provided that notice in writing is given to the Honorary Secretary before the last day of November in the previous year.A member wishing to be re-instated during the year in question shall the appropriate annual subscription.

Retirement of a member

15.

A member desirous of retiring from membership shall give notice in writing to the Honorary Secretary before the last day of November and shall not then be liable to pay the subscription for the following year.Upon re-application by a past member the Committee may, at its discretion, excuse payment of an Entrance Fee.

Members who have not paid their membership fees by the end of December may be deemed to have resigned from the Club.

Arrears of Subscription

16.

The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than two months in arrears provided that the Committee may, at its discretion, re-instate such member upon payment of arrears. No member whose annual payment is in arrears may enter any club event or regatta or vote at any meeting.

Conduct of Members

Under-taking by members to comply with rules

17.

Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Club Rules and the current Byelaws and Regulations of the club.Any refusal or neglect to do so, or 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 a member liable to disciplinary action by the Committee, which may include expulsion or non-renewal of membership.

Disciplinary action against

members

PROVIDED THAT, before taking any such disciplinary action, the Committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning.

A Resolution to apply any sanction shall be carried by a simple majority vote by those members of the Committee present and voting on the Resolution.

Appeal against expulsion or non-renewal of membership may be made to the members in General Meeting.

Upon expulsion of a member, the Committee may dispose of the former member's boat and/or trailer in accordance with Rule 70.

Guests in the Club

18.

Members shall enter the names of all guests in the Visitor's Book.Not more than three guests may be introduced in any one day and the same guest may not be introduced more than six times in any calendar year.

Damage to club property

19.

A member shall not knowingly remove, injure, destroy or damage any property of the club and shall make restitution for the same if called upon to do so by the Committee or by the Honorary Secretary upon the instructions of the Committee.

Exhibiting of notices

20.

A member shall not cause any communication in whatever form to be exhibited on club notice boards or premises without permission of the Honorary Secretary.

Settlement of Accounts

21.

A member shall settle any indebtedness for refreshment or otherwise before leaving the club premises, or in accordance with any byelaw relating to the settlement of such indebtedness.

Suggestions

22.

All suggestions shall be entered in the Suggestion Book and signed by the Member.

Complaints

23.

Complaints of any nature relating to the management of the club premises shall be addressed in writing to the Honorary Secretary.Under no circumstances shall a servant of the club be personally reprimanded by a member.

Members of other RYA Clubs

24.

A member of any club affiliated to the Royal Yachting Association (a list whereof is published by the said Association) may be authorised to use the premises of the club by any member of the Committee of the club.Such authorisation shall specify between which dates the said person may so use the premises.

Competitors in club races

25.

Any person who is a competitor or crew member in any race sponsored by or on behalf of the club is entitled to the use of the club premises within a period of 24 hours before and after the race in which they are competing.

Power to expel those admitted under rules 25 & 26 hereof

26.

The Honorary Secretary or any other person who has received the authority of two members of the Committee, may expel, temporarily or permanently, any person who has the right to the use of the club premises only under Rules 24 and 25.

Limitation of club liability

Limitation of club liability

27.

Members, their guests and visitors are bound by the following Rule which shall also be exhibited in a prominent place within the club premises:-

Members of the club, their guests or visitors 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, their guests or visitors to the club.

(b) The club will not accept any liability of personal injury arising out of the use of the club premises, any other facilities of the club either sustained by members, their guests or visitors or caused by the said members, guests or visitors 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 or servants of the club.

28.

Membership of the club and acceptance of these rules by the member will be deemed to constitute consent to the holding of relevant personal data for the purposes of the Data Protection Acts.

SECTION 4 - MANAGEMENT COMMITTEE

Constitution of Committee

29.

The Management Committee (herein referred to as 'theGeneral Committee') shall consist of the Officers, ex officio, and not less than four nor more than eight Full or Family Members (who have attained the age of eighteen years) elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.

Candidates for election to Committee

30.

Candidates for election to the Committee (not being Officers of the Club) shall be those members of the retiring Committee eligible to offer themselves for re-election and such other full or Family members whose nominations (duly proposed and seconded in writing by Full or Family members of the Club) with their consent shall have been received by the Honorary Secretary at least twenty eight days before the date of the Annual General Meeting in each year.Such nominations, together with the names of the Proposer and Seconder shall be posted to the club premises at least fourteen days prior to the date of the Annual General Meeting.

Election of Committee by ballot

31.

If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.

No contest for election

32.

If the number of candidates for election is equal to or less than the number of vacancies to be filled then all candidates shall be deemed to be elected if two thirds of those present at the Annual General Meeting, and entitled to vote, vote in favour of such election.

33.

In the event of the ballot failing to determine the members of the Committee because of an equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.

Casual vacancy

34.

If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Full or Family member to fill such a vacancy until the next following Annual General Meeting.

Committee Meetings

35.

The Committee shall meet at least every two months making such arrangements as the conduct, place of assembly and holding of such meetings as it may wish.The Commodore or in his absence a Chairman elected by those present shall preside.

Voting at Committee

36.

Voting (except in the case of a resolution relating to the expulsion of a member) shall be by show of hands.In the case of equality of votes the Commodore or Chairman (as the case may be) shall have a second and casting vote.

Quorum

37.

Five members personally present shall form a quorum at a meeting of the Committee.

Powers of the Committee

Management of club by Committee

38.

The Committee shall manage the affairs of the club according to the Rules and shall cause the funds of the club to be applied solely to the objects of the club or for a benevolent or charitable purpose nominated by General Meeting.

(a)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.

Powers to make Byelaws and Regulations

39.

The Committee shall make such Byelaws and Regulations as it shall from time to time think fit and shall cause the same to be exhibited in the club premises for fourteen days before the date of implementation.Such Byelaws and Regulations shall remain in force until approved or set aside by a vote of a General Meeting of the club.

Appointment of sub-committees

40.

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 Committees may think fit.Officers of the club shall be ex officio members of all such sub-committees.

Disclosure of interest to third parties

41.

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.

Limitation of Member's liability

42.

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 contract only as far as expressly authorised, or authorised by implication, by the members.No one shall, without the express authority of the membership in General Meeting, borrow money on behalf of the club.

Members indemnification of Committee

43.

In pursuance of the authority vested in the Committee by members of the club, members of the Committee are entitled to be indemnified by the members of the club against any liabilities properly incurred by them or any one of them 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.

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.

Nomination of Honorary Members by Committee

44.

The Committee may nominate for election at an Annual General Meeting such Honorary Members as the Committee may think fit.The total of such Honorary members shall not, however, at any time, exceed fiveper cent of the total number of members.

The election of Honorary Members shall be put to the vote at the Annual General Meeting each year and such Honorary Members shall be duly elected if two thirds of those present, and entitled to vote, vote in favour of election.

Purchase and supply of excisable goods

Purchase & Supply of Excisable Goods

45.

The purchase for the club of excisable goods and the supply of the same upon club premises shall be exclusively and solely under the control of the General Committee, or of a special sub-committee appointed by the Committee.

The General Committee may vary the opening hours of the bar in accordance with the needs of the club and in accordance with its Premises Licence and in accordance with the Licensing Act by use of bye-laws.

Intoxicating liquor may only be sold for consumption on the club premises to persons over the age of eighteen who are entitled to the use of the club premises in pursuance of the Rules, Byelaws and Regulations for the time being in force.No Junior Member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the club premises.

Hours of Sale of Excisable Goods

46.

The Committee shall cause the club bar to be opened (subject to terms of the club premises certificate) at convenient times (and such times shall be prominently exhibited in the club premises) for the sale of excisable goods to persons who are entitled to the use of the premises of the club in pursuance of these rules (except Junior Members as aforesaid) PROVIDED THAT visitors' names and addresses and the name of their introducer shall have been entered in the Visitor's Book upon entry to club premises.

Profits from Sale of Excisable Goods

47.

No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the club.Any profit deriving from the supply of such goods shall (after deduction of the costs of providing such goods for the benefit of the club) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the club.

Accounts relating to excisable goods

48.

Proper accounts of all purchases and receipts shall be kept and presented at the Annual General Meeting in each year and such information as the Honorary Secretary or Honorary Auditor/s may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.

SECTION 5 - TRUSTEES

Number of & terms of reference

49.

There shall be at least four Trustees of the club who shall be appointed from time to time as necessary by the Committee of the club from among Full, Family or Honorary Members who are willing to be so appointed.A Trustee shall hold office during his lifetime or until he shall resign, by notice in writing given to the Committee, or until a resolution removing him from office shall be passed at a meeting of the Committee by a majority comprising two-thirds of the members present and entitled to vote.

Property of club vested in Trustees

50.

All the property of the club, including land and investments, shall be held by the Trustees for the time being, in their own names so far as it is necessary and practicable, on trust for the use and benefit of the club.In the event of the death, resignation, or removal from office of a Trustee, the Committee shall nominate a new Trustee in his place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all club property into the names of the Trustees as constituted after such nomination.For the purpose of giving effect to any such nomination, the Honorary Secretary for the time being is hereby nominated as the person to appoint new Trustees of the club within the meaning of Section 36 of the Trustee Act 1925 and he shall by Deed duly appoint the person or persons so nominated by the Committee.

Powers of Trustees

51.

The Trustees shall in all respects act, in regard to any property of the club held by them, in accordance with the directions of the Committee and shall have power to sell, lease, mortgage or pledge any club property so held for the purpose of raising or borrowing money for the benefit of the club in compliance with the Committee's directions (which shall be duly recorded in the Minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.

Indemnity of Trustees from club

52.

(a)

The Trustees shall be effectually indemnified by the Committee out of the assets of the club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or 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.

Limitation of Liability of Club Trustees

52.

(b)

(To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the Club).

The liability of the 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.

SECTION 6 - MEETINGS OF THE CLUB

Annual General Meeting

53.

An Annual General Meeting of the club shall be held each year in the month of October on a date to be fixed by the Committee.The Honorary Secretary shall at least fourteen days before the date of such meeting post or deliver to each member notice thereof and of the business to be brought forward thereat.

Business at Annual General Meeting

54.

No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees and Honorary Auditors, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice thereof be given in writing by a member entitled to vote to the Honorary Secretary at least forty two days before the date of the Annual General Meeting.

Special General Meeting

55.

The Committee may at any time, upon giving twenty one days notice in writing, call a Special General Meeting of the club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.

Special General Meeting upon request of members

56.

The Committee shall call a Special General Meeting upon a written request addressed to the Honorary Secretary by at least twenty members.The Committee shall give twenty one days notice in writing of any such Special General Meeting.The discussion at such meeting shall be confined to the business stated in the notice sent to members.

Chairman at Meetings

57.

At every meeting of the club the Admiral or the Commodore or, in their absence, a Chairman elected by those present shall preside.

Quorum at Meetings

58.

Fifteen members entitled to vote and personally present shall form a quorum at any meeting of the club.

Entitlement to vote at Meetings

59.

Only Full and Family members shall vote at any meeting of the club.Other members may attend but are not entitled to vote.

Voting at Meetings

60.

Voting, except upon the election of members of the Committee, shall be by show of hands.

Equality of Votes

61.

In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than the election of members of the Committee.

Voting on Rule Change

62.

On any resolution properly put to a meeting of the club relating to the creation, repeal or amendment of any Rule, Byelaw or Regulation of the club such Rule, Byelaw or Regulation shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.

(a) Provided that no such change shall jeopardise the club's status as a Community Amateur Sports Club within the meaning of the Finance Acts, or in any event alter its objects or winding-up provisions.

SECTION 7 - DISSOLUTION OF THE CLUB

Dissolution of the Club

63.

(a) If, upon the winding up or dissolution of the club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club.The Committee shall dispose of the net assets remaining to one or more of the following:

(i) to another club with similar sports purposes which is a charity; and/or

(ii) to another club with similar sports purposes which is a registered CASC; and / or

(iii) to the sport's national governing body for use by them for related community sports.

SECTION 8 BYELAWS

Rights and privileges of members

64.

The present rights and privileges of each category of membership shall be as follows:-

A FULL MEMBER shall have the full use of all the club facilities.

A FAMILY MEMBER, his/her co-habitee (if any) and all the children within their guardianship under the age of eighteen shall have the full use of all the club facilities subject only to Rule 45.

A JUNIOR MEMBER shall have the full use of all the club facilities subject only to Rule 45.

AN HONORARY MEMBER shall have the full use of all the club facilities.

AN 'OUTPORT MEMBER' shall have the full use of all the club facilities but:-

(a)Shall have no right to take any part in the management of the club;

(b)Shall have no right to apply for a boat site at the club.

A TEMPORARY MEMBER (which expression may include members of another RYA recognised club or organisation) shall have the full use of the club facilities but:-

(a) Shall have no right to enter club races or regattas unless specifically authorised by the Honorary Secretary or Committee.

(b) Shall have no right to introduce visitors to the club or the facilities thereof.

(c) Shall have no right to take any part in the management of the club.

(d) Is deemed to have notice of and impliedly undertakes to comply with the club rules, current Byelaws and Regulations as if he or she were a member of the club and so far as the said Rules, Byelaws and Regulations may be deemed to apply to such Temporary Member.

(e) Shall be liable to be expelled from the club premises or to be prohibited from using the club facilities if, in the opinion of the Honorary Secretary, he or she shall not have reasonably complied with the above conditions.

Control of dogs

65.

No dogs may be brought into the clubhouse. However,

Guide dogs are allowed into the building and onsite.

No Politics

66.

No subject of a political nature shall be discussed in the clubhouse.

No Smoking

67.

Smoking is not permitted on any part of the club's site.

Opening of club premises

68.

The club premises shall be open to members at such times as the Committee shall direct, and in accordance with the club's licence.

69.

The permitted hours for the supply of intoxicating liquor are as indicated by the Club's premises licence.

Abandoned Boats and/or Trailers

70.

If, at any time, any fees payable to the club by any member or former member (whether by way of arrears of subscription or facilities fees, dinghy park fees or otherwise) shall be one month or more in arrears and a boat and/or trailer the property of a member or former member remains upon the club premises then the member or former member shall remove the boat and/or trailer from the club immediately. Boats may also be moved for failing to comply with the club's policies on the allocation of boat sites and the use of boats.

If the member or former member fails to remove the boat and/or trailer then the Committee may:-

(a) Move the boat and/or trailer to any part of the club premises or to premises not controlled by the club but deemed to be appropriate for such storage without being liable for any loss or damage to the vessel howsoever caused.

(b) Give three months' notice in writing by registered post to the member or former member at his last known address as shown in the Club Register and thereafter sell the boat and/or trailer and deduct any monies due to the club from the net proceeds of sale before accounting for the balance (if any) to the member or former member.

(c) Alternatively, if the boat and/or trailer is unsaleable, after giving notice in writing as aforesaid, dispose of the boat and/or trailer in any manner the Committee may think fit and deem the cost of doing and any arrears as aforesaid to be a debt owing to the club by the member or former member.

(d) the club reserves the right to charge storage for the boat and/or trailer until such time as the owner collects the boat and/or trailer or until notice has been served under clause (b) above.

PROVIDED ALWAYS THAT:-

Proper evidence is available to show that all reasonable steps have been taken to trace a member or former member and that when and if the boat and/or trailer is sold the proceeds of sale (unless any indebtedness by the member or former member to the club) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member or otherwise) for a period of six years.

Lien

71.

In addition to Rule 70 the club shall at all times have a lien over members' or former members' boats and/or trailers parked on the club's premises in respect of all monies due to the club, whether in respect of arrears of facilities fees or subscriptions or otherwise and shall be entitled to retain possession of the boat and/or trailer until such time as all monies due to the club have been paid in full.

Last updated 13:44 on 27 September 2023

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