Following a general committee meeting on 18th April 2024, the committee recorded acceptance of the revised constitution. This supersedes all other versions.
Bala Sailing Club – Club Constitution V5.6
Contents
SECTION 1 – NAME AND PURPOSES
SECTION 2 – OFFICERS (FLAG AND OTHER)
Flag Officers of the Club
Duties of Flag Officers
Other Elected Officers and their Duties
SECTION 3 – MEMBERSHIP
Categories and votes of Membership
Rights and privileges of members
Annual Membership Fee
Members’ duty to provide an up to date address
Application for membership
Conduct of Members
Guests in the Club
Limitation of Club liability
SECTION 4 – MANAGEMENT COMMITTEE
Constitution of Committee
Committee Meetings
Powers of the Committee
Purchase and supply of excisable goods
SECTION 5 – TRUSTEES
SECTION 6 – MEETINGS OF THE CLUB
SECTION 7 – DISSOLUTION OF THE CLUB
SECTION 8 – MISCELLANEOUS
Opening of Club premises
Abandoned Boats and/or Trailers
Lien
Byelaws
Acknowledgement
BYELAWS
Section A – Lake Licence Stipulations
Section B – Membership
Section C – Sailing
Section D – Parking
Section E – Clubhouse
SECTION 1 – NAME AND PURPOSES
1.1 The name of the Club shall be Bala Sailing Club or Clwb Hwlyio’r Bala (hereinafter referred to in these rules as the Club).
1.2 The purposes for which the Club is formed are to
• promote and facilitate in the sport of sailing on Bala Lake
• identify and develop other water sports as complimentary membership types
• develop pathways into the sport of sailing and make it accessible for all
• to provide social and other facilities for members as may be from time to time determined
• identify opportunities to support Bala town within the clubs area of speciality and maintain a good standing within the local area
SECTION 2 – OFFICERS (FLAG AND OTHER)
Flag Officers of the Club
2.1 The Flag Officers of the Club shall be Full, Family or Honorary members of the Club and shall consist of
• President
• Commodore
• Vice Commodore
• Secretary
• Treasurer
• Sailing Captain
• Training Principal
• Bosun
• Rear Commodore
• Facilities Manager
2.2 Flag 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. Other officers may also be elected as considered necessary for the efficient operation of the club, these shall be Full, Family Honorary or Social members of the club. They shall also 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.
Duties of Flag Officers.
2.3 The President shall :-
(a) Deputise in the absence of the commodore, & take a leadership role in the resolution of any disputes, concerning management of the club.
2.4 The Commodore shall :-
(a) Lead the club & ensure the overall efficient functioning of the club in accordance with the wishes of the general membership
(b) Ensure the management committee is adequate for the effective management of the club.
(c) Represent the club at outside events
2.5 The Vice Commodore shall :-
(a) Support and provide guidance to the Sailing Captain, Competition Secretary and Fleet representative to drive forward all activities on the water
(b) Deputise for the Commodore at times where the Commodore is unavailable
(c) Either be a success plan for the Commodore in their last term in office or support the Commodore in identifying and developing an appropriate successor
2.6 The Secretary shall:-
(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) Administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Officers and its members;
(e) Ensure that the Club’s affairs are managed in accordance with current law, and take legal advice as necessary.
(f) Maintain any such certificates or registrations, and complete any such non-financial returns, as may be required by law.
2.7 The Treasurer shall:-
(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 31 December 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.
2.8 The Sailing Captain shall :-
(a) Be responsible for the co-ordination of all activities concerning sailing administration and organisation
(b) Act as primary contact with visiting clubs or classes where not undertaken by the Competition Secretary
(c) Ensures the safe and efficient operation of club racing
2.9 The Training Principal shall :-
(a) Be responsible for co-ordinating all activities & facilities, concerning training within the club
(b) Maintain the club’s status as an RYA training centre.
2.10 The Bosun shall :-
(a) Be responsible for Co-ordinating the maintenance of all club boats, sailing equipment, & stores.
(b) Be responsible for the preparation, laying and maintenance of all moorings
2.11 The Rear Commodore shall :-
(a) Be responsible for Co-ordinating all activities concerning the bar
2.12 The Facilities Manager shall :-
(a) Be responsible for co-ordinating all activities concerning the maintenance of the clubs buildings & premises including:
(i) inspect the facilities throughout the winter months to check for any issues.
(ii) Inspect in Jan the winter flood damage and arrange with contractor and Lake Warden what needs to be cleared to ensure foreshore is ready for the season and boat parking.
(iii) Arrange all Q1 facilities service engineers and dates and meet them onsite to include: Fire Alarm, Intruder Alarm, Fire Extinguishers, Heating and Hot Water Boilers.
(iv) Support commissioning/de commissioning the club and its facilities at working parties.
(v) Ongoing support throughout the year to maintain and repair the club facilities in-line with committee, budget approval and selected contractors.
(vi) weekly testing of fire alarm and record.
(vii) manage a 3-5 year Facilities Improvement Plan and look to align to any source of funding or grants.
(viii) Septic Tank contractor to be booked every 2-3 years.
Other Elected Officers and their Duties
Officers may also be elected to assist in management of the club and may include the following. (Some jobs may be combined.)
2.13 Auditor
(a) Be appointed at the Annual General Meeting in each year and shall be two competent members of the Club;
(b) The Auditors 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.
(d) In the absence of the appointment of Auditors at the Annual General Meeting the accounts of the club shall be verified by an independent & suitably qualified person.
2.14 Beachmaster
(a) Responsible for organising and maintaining the upper & lower hard, and other bosunary items
(b) Supporting the laying and retrieval of the on-water racing marks / buoys
2.15 Competition Secretary
(a) Is the primary point of management for Open events including setting up and administering Webcollect
(b) Manages the Open event diary in line with club racing
(c) Is the point of contact of external sailors or clubs for all open events
(d) Ensures the efficient running of opens by ensuring roles are filled and a club presence in on hand during the event inc catering, gate access, reg desk etc
2.16 Duty Rosta Secretary
(a) Maintains overall responsibility for the operation of the DutyMan Application
(b) Ensures all members undertake their full complement of duties
(c) Ensures all club racing events (Saturday and Sunday racing) are fully manned (1 x RCO, 1 x qualified RIB and 1 x Safety Assistant) 1 week prior to the following months sailing calendar
(d) Supports the Competition Secretary with the planning of duty for open events
2.17 Galley Captain
(a) Manages the overall finances of the galley
(b) Manages general stock levels for informal club member usage
(c) Ensures the general upkeep of the galley is maintained in line with food hygiene requirements
(d) Resources catering and entertainment activities for events including Opens
2.18 Minutes Secretary
(a) Circulates agendas in advance of all meetings
(b) Captures, documents and circulates minutes for general club meetings
(c) Keeps full minutes of all meetings of the Club, and the Committee, which shall be confirmed and signed by the appropriate Chairman upon the agreement of the Club, or Committee or at the next following meeting of the Club, or Committee;
(d) Provides support for other meetings on request
2.19 Membership Secretary
(a) Administers Webcollect to allow membership payments to be collected
(b) Provides membership report as part of general meetings
(c) Administers all new member documentation
(d) Ensures all members have a valid email address as the primary communication method and maintains an up to date group of active members only
2.20 Prizes Secretary
(a) Manages the upkeep of the honours board
(b) Manages the upkeep, engraving and presentation of the annual trophies
(c) Sources any additional trophies or honours required for Open, Challenges or Ad Hoc events
2.21 Publicity / Newsletter Officer
(a) Drives membership engagement through the use of the club’s social media platforms
(b) Create reports for open events (club website and Y&Y)
(c) Liaises with Y&Y to forward publicise open events in a timely manner
(d) Develops further opportunities to develop positive publicity for the club
2.22 Results Officer
(a) Owns Sailwave as the reporting mechanism
(b) Supports RCO’s and other club members to publish club results
(c) Ensures all open event results are published by 7pm of event day (aspirational)
2.23 Senior Coach
(a) Identifies coaching opportunities
(b) Develops and runs formal and informal development events
(c) Works with the Training Principal to ensure all coaching opportunities are carried out in line with our RYA obligations as a training centre
2.24 Social Secretary
(a) Develops planned social activities
(b) Looks for opportunities to create ad-hoc social events to drive membership engagement
2.25 Youth Squad Co-ordinator
(a) Looks for opportunities to both integrate and develop a youth aspect to the club
(b) Encourages a wider take up of youths in the club sailing / racing scene
(c) Develops a youth pathway from the various introduction points
2.26 Web Master
(a) Develops and maintains the club website
2.27 Fleet Representatives
(a) Creates a sense of purpose and identify for the fleet
(b) Is aware of all fleet members and maintains regular contact
(c) Looks for opportunities to develop fleet awareness outside of Bala SC as appropriate
(d) For 2024 proposed as Solo, Blaze, Catamaran, Cruisers, Paddleboard
2.28 Elected members (up to 4)
(a) Support the committee by providing resourcing for non-filled roles
(b) Support the committee by providing extra resourcing for filled roles during busy periods
SECTION 3 – MEMBERSHIP
Categories and votes of Membership
3.1 There shall be the following categories of membership with eligibility to vote at all meetings of the Club outlined in Section 6 as indicated hereunder.
A FULL MEMBER – being a person who, at the date of election, shall have attained the age of eighteen years shall have one vote.
AN OAP MEMBER – being a person who, at the date of election, shall have attained state pension age shall have one vote.
A STUDENT MEMBER – being a person who, at the date of election, shall have attained the age of between eighteen and twenty five years (and still be in full time education) shall have one vote.
A FAMILY MEMBERSHIP – which expression shall include one or two co-habiting adults and all children within their guardianship under eighteen years of age. The family unit shall have a maximum of two votes based on the number of members who are actively sailing (ie one sailing member equals one vote while two sailing members equals two votes).
AN HONORARY MEMBER – who shall have one vote .
A LIFE MEMBER – who shall have one vote
A JUNIOR MEMBER – being a person who, at the 1st January, is under the age of eighteen shall have no vote.
A KAYAK, WINDSURFING, SUP OR FISHING MEMBER shall have no vote.
A SOCIAL/ ASSOCIATE MEMBER – who shall have no vote.
A TEMPORARY MEMBER – who shall have no vote.
GROUP MEMBERSHIP – may be granted to bona fide clubs, schools, colleges, associations or other organisations upon application to the committee. Group members shall have four votes, one for each adult person chosen by the group to represent it. Group members may only use craft owned by the group.
Rights and privileges of members
3.3 The 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.
AN OAP MEMBER shall have the full use of all the Club facilities.
A STUDENT 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 4.21.
AN HONARY MEMBER shall have the full use of all the Club facilities. Honorary membership may be upgraded to “full” honorary membership on payment of a sailing fee.
A LIFE MEMBER shall have the full use of all the club facilities.
A JUNIOR MEMBER shall have the full use of all the Club facilities subject only to Rule 4.21.
A KAYAK, WINDSURFING, SUP OR FISHING MEMBER shall shall have the full use of all the Club facilities.
A SOCIAL / ASSOCIATE MEMBER shall have the full use of the Club-house facilities.
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 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 and any Byelaws or 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 Secretary, he or she shall not have reasonably complied with the above conditions.
GROUP MEMBERSHIP shall have the full use of all the Club facilities subject only to Rule 4.21.
Annual Membership Fee
3.4 The rate of Membership fee for each category of Membership shall be proposed by the 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 January in the year following. The current rate of Membership shall be prominently displayed in the Club premises. OAP fees apply to persons in receipt of State Retirement Pension. Student fees apply to those who are in full time education and are 18 or more but under 25 years of age at 1 January. Life Member are persons who purchased full membership of the club for their lifetime, when this was available. Group Membership fees shall be not less than twice the full family membership fee. (fee appertaining to each group membership to be determined by the Secretary)
3.5 Members can also make a number of additional payments for additional services such as boat parking and access keys. These are outlined and available to purchase via the clubs online membership portal.
3.7 An annual mooring fee of such a sum as the Committee shall from time to time prescribe which shall entitle a member to moor his or her boat on the lake.
Members’ duty to provide an up to date address
3.8 Every member shall furnish the Secretary with an up-to-date postal address which shall be recorded in the Register of Members and any notice sent to such address shall be deemed to have been duly delivered. Electronic mail is the main method of communicating to members, so wherever possible an up to date email address should also be provided.
Application for membership
3.9 An application for membership shall be online via an online payment tool shall include the name, address, telephone number, email address and sailing qualifications and experience.
Preferred payment is online but an alternative payment method if online is not suitable can be discussed by contacting the membership secretary
Approval of Members
3.10 Upon receipt of an application for membership, the Membership Secretary shall submit a new members report weekly to the committee via email. The election of all classes of members is vested in the Committee and shall be a simple majority vote of those of the Committee. It will be assumed that a positive committee vote (per committee member) is given unless a named nomination is contested within 5 days of the report being circulated. The Membership Secretary shall inform each candidate in writing of the candidate’s election or non-election via the issuing of a membership pack or processing a refund for any moneys received. He or she shall furnish an elected candidate with a copy of the Rules and Byelaws of the Club. Day memberships by their nature will be automatically approved for that day and will be reviewed retrospectively by the Membership Secretary on a regular basis to identify any repeat visitors who may need to novate to a full membership.
Payment of Fees upon Approval
3.11 Upon approval, if not already paid, a candidate shall pay, within one calendar month, such fees as shall be requested. In default of such payment, the approval shall be void unless sufficient cause for delay be shown.
Arrears of Subscription
3.14 The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than three 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
3.15 Every member, upon election and thereafter, is deemed to have notice of, and undertakes to comply with, the Club Rules and any Byelaws and Regulations of the Club.
Disciplinary action against members
3.16 Any breach of Rule 3.15 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 as outlined in the processes found on the club website.
Guests in the Club
3.17 Members shall enter the names of all guests in the Visitor’s Book. Not more than three guests may be introduced by a member in any one day and the same guest may not be introduced more than three times in any calendar year. Larger groups may be admitted as guest of the club subject to prior approval by the committee.
Only membership types with voting rights (as outlined in 3.1) are permitted to introduce guests.
Damage to Club property
3.18 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 Secretary upon the instructions of the Committee.
Exhibiting of notices
3.19.1 A member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of a flag officer.
3 .19.2 Only persons authorised by the committee post content on any digital or social media platform purporting to be representative of the views of Bala Sailing Club or its Committee.
Settlement of Accounts
3.20 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.
Complaints
3.21 Complaints of any nature relating to the management of the Club premises shall be addressed in writing to the Secretary. Under no circumstances shall a servant of the Club be personally reprimanded by a member.
Members of other RYA Clubs
3.22 A member of any Club affiliated to the Royal Yachting Association (a list of which 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
3.23 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 3.22 & 3.23 hereof
3.24 The 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 3.22 and 3.23.
Limitation of Club liability
3.25 All references to the Club in this Rule shall mean each and every individual member of the Club from time to time.
3.26 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, 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.
3.27 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
4.1 The club operates under a model of a “full committee” (herein referred to as ‘the Committee’) but may decide to vote to relinquish the committee function to an executive committee in times of extreme circumstances, such a global pandemic where agility is more important than full inclusion. This committee configuration should be reviewed periodically (6 monthly) unless relinquished.
Retirement of members of the Committee
4.2 All officers of the club shall be eligible for re-election except the Commodore who may only hold the post for three consecutive years.
Candidates for election to Committee
4.3.1 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 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.
4.3.2 Where a Committee position is not able to be filled by an existing (or Full / Family member), the committee may consider applications from other membership types at its discretion
Election of Committee by ballot
4.4 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
4.5 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.
4.6 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
4.7 If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Full Family or Honorary member to fill such a vacancy until the next following Annual General Meeting.
Retiring Commodore ex officio
4.8 A retiring Commodore shall serve as an ex officio member of the Committee in the year immediately following his retirement.
Committee Meetings
4.9.1 Meetings shall be closed to “the committee” unless a general member is requested to attend in order to satisfy an agenda element
4.9.2 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.
4.9.3 A sailing committee shall meet monthly during the active sailing season and hold additional meetings as appropriate to prepare for the following years activities during the closed sailing season. The Sailing Captain and in his absence the Vice Commodore or Competition Secretary shall preside.
4.9.4 A Snowdonia National Park relationship meeting shall be held with Snowdonia National Park on a quarterly basis. The Secretary shall chair this with the Commodore and Facilities Manager also present.
Voting at Committee
4.10 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, Vice Commodore and President shall have a second casting vote resolved by the outcome of the majority of 3 parties
Quorum
4.11 Five members present shall form a quorum at a meeting of the Committee. Of these, three should be flag officers of which either the Secretary, Commodore or Vice Commodore must be present.
Powers of the Committee
Management of Club by Committee
4.12 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 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.
Appointment of sub-committees
4.13 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
4.14 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 Committee’s authority
4.15 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 General Meeting, borrow money or incur debts on behalf of the Club or its membership.
Members’ indemnification of Committee
4.16 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.
Contractual Liability
4.17 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/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.”
Nomination of Honorary Members by Committee
4.18 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 five per cent of the total number of members.
4.19 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
4.20 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 Committee, or of a special sub-committee appointed by the Committee.
4.21 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. Tobacco & cigarettes may not be sold within the Club premises.
Hours of Sale of Excisable Goods
4.22 The Committee shall cause the Club bar to be opened (subject to terms of the Club premises licence) 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)
Profits from Sale of Excisable Goods
4.23 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. This clause does not apply to the caterers who are entitled to sell alcohol under the terms of a “Supply of Catering Service Agreement & Licence for Hire”
Accounts relating to excisable goods
4.24 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 Secretary or Auditors 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
5.1 There shall be at least three 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 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
5.2 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 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
5.3 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
5.4 The Trustees shall be indemnified by the members of the Club 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.
SECTION 6 – MEETINGS OF THE CLUB
The following meetings are open to all members (as outlined in Section 3) and have the associated voting rights applied.
Annual General Meeting
6.1 An Annual General Meeting of the Club shall be held each year in the month of September on a date to be fixed by the Committee. The Secretary shall at least fourteen days before the date of such meeting, deliver to each member notice hereof and of the business to be brought forward thereat, by electronic mail or post to the address shown in the register of members.
Business at Annual General Meeting
6.2 No business, except the passing of the Accounts and the election of the Officers, Committee, Trustees and 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 Secretary at least forty two days before the date of the Annual General Meeting.
Special General Meeting upon request of the Committee
6.3 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
6.4 The Committee shall call a Special General Meeting upon a written request addressed to the Secretary by at least thirty members. The Committee shall meet within fourteen days of the requisite number of requests in order to call a SGM. 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
6.5 At every meeting of the Club, the President or the Commodore or, in their absence, a Chairman elected by those present shall preside.
Quorum at Meetings
6.6 Fifteen members entitled to vote and personally present shall form a quorum at any meeting of the Club.
Entitlement to vote at Meetings
6.7 Only membership types outlined in 3.1 shall vote at any meeting of the Club. Other members may attend but are not entitled to vote. Honorary members may not vote on resolutions to elect honorary members.
Voting at Meetings
6.8 Voting, except upon the election of members of the Committee, shall be by show of hands.
Equality of Votes
6.9 In the case of an equality of votes the Commodore, Vice Commodore and President shall have a second casting vote resolved by the outcome of the majority of 3 parties, on any matter other than the election of members of the Committee.
Voting on Rule Change
6.10 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.
SECTION 7 – DISSOLUTION OF THE CLUB
Dissolution of the Club
7.1 If, at any general meeting of the club there is a resolution for the winding up or dissolution passed by a majority of those present the Secretary shall convene a special general meeting to be held not less than one month thereafter. At least half of the members should attend the special general meeting and the resolution to wind up or dissolve should be supported by two thirds of the members voting thereon. The Committee shall proceed to realise the assets of the club (or at a date as specified in the resolution). After the discharge of all liabilities, the Committee shall dispose of the net assets remaining to one or more of the following: To a charity and/or To another club with similar sports purposes which is a registered CASC and/or To the sport’s national governing body for use by it for related community sports. Upon completion of such distribution the club shall be dissolved.
SECTION 8 – MISCELLANEOUS
Opening of Club premises
8.1 The Club premises shall be open to members at such times as the Committee shall direct.
8.2 The permitted hours for the supply of intoxicating liquor are as shown on the club’s premises licence, ie 11.00 to 24.00
Abandoned Boats and/or Trailers
8.3 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. 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 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 Rule (b) above.
PROVIDED ALWAYS THAT:-
(e) 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, if the Club is unable to account to the member or former member for the balance of the proceeds of sale pursuant to Rule (b) above then the balance of the proceeds of sale 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
8.4 In addition to Rule 83 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.
Byelaws
8.5 The Club may adopt such Byelaws or Regulations as it considers appropriate for the good management of the Club and its facilities.
Acknowledgement
8.6 The Members acknowledge that these Rules constitute a legally binding contract to regulate the relationship of the members with each other and the Club.
BYELAWS
Section A – Lake Licence Stipulations
A1 Members or their guests shall not use the foreshore as a site for camping or caravans.
A2 Members shall not erect fences, moorings or any other structure on the foreshore.
A3 Members shall not use any boat having a length greater than 25 feet.
A4 Members shall not use any cabin boat or camping dinghy EXCEPT AS APPROVED by the Committee. Sleeping on board or the discharge of effluent is strictly prohibited.
A5 Members shall not use any powered craft or engines on boats unless the engine is electrically powered or in cases of emergency. Powered craft are operated by the club as safety boats.
A6 Members shall not hire out their boats.
A7 Members may only launch and recover their boats from the club’s foreshore.
Section B – Membership
B1 Each member may be required to carry out such duties as prescribed by the Committee for the smooth running of the clubs activities.
B2 In applying for membership, each FULL SAILING MEMBER and any adult in FAMILY SAILING Memberships, is mandated to undertake racing duties such as as either a RCO, Assistant RCO, Safety Boat Cox or Safety Boat assistance to aid in the running of Club Racing events and regattas/Opens. The scope and number of duties will be published on the club website at the start of the year and will be communicated as part of the membership pack
B3 In applying for membership, each KAYAK, WINDSURFING, SUP OR FISHING MEMBER will be expected to support the club by undertaking a number of voluntary duties. The scope and number of duties will be published on the club website at the start of the year and will be communicated as part of the membership pack
B4 In applying for membership, each SOCIAL/ ASSOCIATE MEMBER will be expected to support the club by undertaking a number of voluntary duties. The scope and number of duties will be published on the club website at the start of the year and will be communicated as part of the membership pack.
B5 Via application and approval by the committee, where a member undertakes significant time as a volunteer in other areas (such as agreed training and coaching activities), the committee may at their discretion provide a waiver for those duties outlined in B2,3 and 4.
Section C – Sailing
C1 Members are reminded that the club abides by the Rules of the Royal Yachting Association as amended by the club’s Sailing Instructions.
C2 Buoyancy aids or life jackets must be worn at all times while afloat and must be of a type and standard as recommended by the Royal Yachting Association, and British Canoe Union (as appropriate for the activities being undertaken).
C3 Unauthorised persons are not permitted on the bridge nor aboard any of the club’s craft.
C4 It is a condition of membership that members boats, including sailboards, fishing boats paddleboard and kayaks are insured against third party claims to a minimum sum of £3 million or to such higher sum as the Committee may require.
C5 Members must notify the Secretary of any change in boat or any change of address.
Section D – Parking
D1 Cars, boats and trailers may only be parked in areas designated for such parking and must be parked so as not to cause obstruction to other cars, boats or to the approaches to the club premises. Road trailers other than those for Moored boats may be stored under boats on designated berths. Road trailers for moored boats may be stored at the far end of the beach subject to sufficient space being available.
D2 All vehicles and boats on the club’s premises belonging to members shall visibly display a current sticker in a form as prescribed by the Committee.
D3 Boats of all type, trailers and any other non club assets must be removed from the club’s foreshore by the end of the first Sunday of November each year.
D4 All club moorings must be clear of boats by the end of the first Sunday of November each year to allow winter maintenance to take place.
Section E – Clubhouse
E1 The Clubhouse shall be open to members at such times as the Committee shall direct.
E2 Members and their guests are expected to be clear of the club premises and foreshore within half an hour following the bar closing, except at the discretion of the duty manager responsible for securing the club premises.
E3 Dog are permitted in the clubhouse but must be kept on a lead or under close control at all times. Any dog causing a nuisance should be removed from the clubhouse. No dogs are permitted in the food preparation area. All dogs must be under close control on the foreshore & dog fouling must be cleaned up immediately. The dog remains the responsibility of the dog owner at all times.
Bala Sailing Club 