Rules & Constitution

The Rules and Constitution of Leigh Bowling Club No 2 Limited

1. The name of the Club is Leigh Bowling Club No 2 Limited.

Its registered office is Pownall Street, Leigh, Lancs WN7 2HA

Object(s) of the Club:

2. The objects of the Club are as follows:

The Club’s prime objective is to promote the social and specified sporting / recreational activities for the benefit of its members, irrespective of their gender. race, colour, creed or sexual orientation.
The specified recreational activities will be: Bowling, Snooker, Darts and Dominoes and any future initiatives which the members, through the Management Committee, may wish to introduce.
The Club, through its Management Committee, paid staff and the general membership, will aim to provide a safe environment for promoting all social and recreational activities for the enjoyment of its members and guests.

Membership

3. An applicant for membership must be proposed in writing by a member(s) and must submit a signed and dated application form to the Secretary stating:
4. i) the applicant's name, address and date of birth;
5. ii) the applicant's consent to the holding of relevant data for the purposes of the Data Protection Act 1998.
6. The Secretary, having consulted the Management Committee, shall decide all applications for membership. A new member must pay the whole annual subscription for that calendar year when joining at any time after the Fee Date.
7. Membership of the Club shall be open to individuals who are interested in furthering the objectives of the Club and who have paid the annual subscription as fixed from time to time by the Members present at the Annual General Meeting or any Extraordinary Meeting called specifically for that purpose.

6.The Management Committee may unanimously and for good reason terminate the membership of any individual, provided that the individual concerned shall have the right to be heard by the Management Committee, accompanied by a friend or representative, before the final decision is made.

7. The Management Committee may create any class of member they deem appropriate and may determine what benefits or rights such members may have. Members reaching the age of 65yrs will be entitled to Honorary Membership, providing they have completed at least 10 years as a full member.

 

Officers and their Duties

8. The Club has the following Officers, who are elected by the members for two-year terms:

President /Chairman - who chairs all General Meetings and all Management Committee meetings when present

Secretary - who is responsible for the keeping of all books and records of the Club, including the Members' Register (containing the name and address of every member and such other contact details as the member supplies) and the taking of minutes of all General Meetings and Management Committee meetings.

Treasurer/ Bookkeeper - who ensures that the financial affairs of the Club are kept in good order and that annual accounts and a financial report are submitted to the Management Committee for it to place before the members at the Annual General Meeting.

The Officers shall receive such honorarium as the Management Committee may determine

Management Committee

9. Members of the Management Committee are elected for a two year period.
10. The day-to-day running of the Club is under the control of the aforementioned officerswho may invite assistance from Management Committee members (A Management Committee consisting of no more than twelve elected members) at their discretion.Gratuities to Management Committee members may be made if engaged in approved essential services.
11. A quorum for theManagement Committee meetings is 50%
12. The members present will elect a chair for that meeting whenever the Chairman is not present.
13. Minutes of Management Committee meetings must be taken and made available to all Club members upon request.
14. The Management Committee has the following powers and responsibilities:

Preparation and presentation to the Annual General Meeting of a written annualreport on the Club, its activities and detailed annual accounts and financial report.

Appointment of sub-committees, whose membership must include at least one officer

To raise funds, deemed to be essential in the efficient running of the Club

To buy, take on, lease or exchange any property necessary for the fulfilment of the Club’s objectives.

Subject to any consent required by law to sell, lease or dispose of all or any part of the Club’s property.

Subject to any consent required by law to borrow money and to charge all or any part of the property of the Club with repayment of the monies so borrowed.

To employ such staff (who shall not be members of the Management Committee) as are necessary for the proper pursuit of the objectives and to make all reasonable and necessary provision for the payment of pensions.

      To co-operate with other clubs, voluntary bodies and statutory authorities engaged in furtherance of the objectives and to exchange information and advice with them.

      To do all such lawful things as are necessary for the achievement of the Club’s objectives

Vacancies on Management Committee

15. The Management Committee may appoint a member to fill any casual vacancy on the Management Committee until the next Annual General Meeting
16. Any member so appointed must retire at the next Annual General Meeting but may be elected as a member of the Management Committee at that meeting.

Financial year, accounts and auditors

17. The Club financial year runs from April - March inclusive. An income and expenditure account must be made for that year and the balance sheet struck at that date.
18. An independent audit firm will audit and present the accounts at the Annual General Meeting.

Disciplinary offences

19. Any member who is in serious or persistent breach of these Rules, or who otherwise acts in a way which in the opinion of the Management Committee is seriously or persistently inappropriate for a member of this Club, may be disciplined as set out in the Disciplinary Regulations in Annex 1.

Effect of resignation, expulsion or death

20. All rights and interests in the Club and its property cease immediately on termination of membership by resignation, expulsion or death.

General Meetings of Members

21. Annual General Meeting: An Annual General Meeting of all members must be held in July each year (or, failing that, as soon as possible thereafter) and called by the Secretary on 14 days' written notice to the members stating the date, time and place of the meeting, and the business to be conducted. The business will include:

(i) presentation and summary explanation by the Auditor of (a) the Club's annual accounts for the financial year last ended.

(ii) consideration of the Management Committee's annual report;

(iii) election of Officers, members of the Management Committee and Auditors.

(iv) such resolutions as are stated in the notice of the meeting.

Extraordinary General Meeting:

22. At any time, the Management Committeeor any 2 ordinary members of the club may by submitting a joint written notice request that the Secretary call a meeting of members.The Secretary must then call anExtraordinary General Meeting on no less than 21 days' written notice to all members stating the date, time and place of the meeting, and the business to be conducted.
23. The voting members present must elect a Management Committee member asChair for any general meeting whenever the Club Chair is not present.
24. Minutes of the General Meetings must be taken and made available to all members.

Resolutions and voting

25. Resolutions and other decisions at all General Meetings, Management Committee or any sub-committee meetings are passed and made if so voted by a majority of those members present and voting when the vote is taken.
26. Voting may at the discretion of the Chair be undertaken by show of hands, by ballot or by show of hands followed by ballot.
27. Proxies are not allowed.

Employment and Other Contracts

28. The Club may engage employees on such terms as the Management Committee decides.
29. All contracts of employment will be made by Management Committee and will state that the Management Committee are the employers on behalf of the Club.
30. The Secretary may enter into contracts as agent for the Members provided that no such contract involves property or money beyond the value of £1000.
31. All other contracts between the Club and any other person are made by the Trustees as agents for the members unless the Management Committee instead authorises any one or more of the Officers or other members of the Management Committee to enter into a contract as agent for the members.

Indemnities and limitation of liability

32. Full indemnity out of the Club funds is given to:
33. i) Officers and other members of the Management Committee against all payments and other liabilities properly incurred by them in the exercise of their duties or powers for the Club.
34. ii) Every Officer or other member entering into any contract on behalf of the members against all payments and other liabilities incurred by them in connection with that contract
35. The liability of Officers or other members entering into any contract for the Club and the liability of any members on whose behalf the contract is made is limited to the assets of the Club.

Legal Proceedings

34. No Officers or members shall be bound to bring or defend any actual or prospective claim or proceedings or incur any actual or prospective liability for legal costs (including to any legal costs that may be payable to another party) unless they are first satisfied that they shall be sufficiently indemnified or otherwise protected against having to pay such costs and any other judgment against them (except as to the extent of one year's membership subscription) in one or more of the following ways: (i) indemnity out of the Club's assets (ii) personal indemnities from some or all of the members (iii) legal expenses insurance.
35. Non-payment of sums due to the Club
36. On a member being given a written notice of demand by the Secretary for payment of any sum already due from that member to the Club, failure to pay that sum in full within 14 days (or such longer period as may be specified in the notice) is a serious breach of the Rules.

Borrowing and charges

37. The Management Committee may at any time sanction the borrowing of money for furthering/ facilitating the objects of the club.
38. The Management Committee shall make such dispositions of Club property and enter into such agreements as it directs for the giving of security for such borrowing.
39. All members whether or not voting on such resolution, and all members joining the Club after the passing of such resolution are to be taken to have assented to the resolution as if they had voted in favour.

Alcohol

40. Alcohol may only be sold on Club premises in accordance with any rules, conditions or restrictions necessary in consequence of the Club premises certificate or other authorisation (or conditions of authorisation) granted or to be granted under the Licensing Act 2003.
41. No person shall receive at any time at the expense of the Club or any member of the Club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the Club.
42. No person shall directly or indirectly derive any pecuniary benefit from the supply of alcohol by or on behalf of the Club to members or guests, apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.

Permitted hours for the supply of alcohol

43. The permitted hours for the supply of alcohol are only between those hours permitted for the supply of alcohol by virtue of the club premises certificate or other authorisation granted under the Licensing Act 2003.

Amendment of the Rules

44. These Rules maybe amended by a resolution (Drafted and submitted to committee 14 days prior to the meeting) and can only be passed in a General Meeting by strictly more than 50% of the members present and voting when the vote is taken.

Dissolution

45. The Club may be dissolved by a resolution passed by strictly more than 60% of the members present when the vote is taken but only if there are at least 50% of all members voting in favour of the resolution.
46. The resolution takes effect immediately unless it expressly states that it is to take effect on a specified date not more than 4 weeks later.
47. As soon as the resolution takes effect the Executive Committee must pay or otherwise settle all debts and other liabilities of the Club and divide the remaining Club property among the members equally. For these purposes the Executive Committee may decide on the sale or other realisation of Club property as it thinks fit.

Headings

48. The headings to these Rules are for ease of reference only and are not to be considered in their interpretation.

Adopted this Wednesday 28th day of November 2018

Revised July 2021

Signed:

 

Bernie Ryder                                      Ray Unsworth                                 David Wilson

 

President                                                         Secretary                                       Committee Member

 

Annex 1

Disciplinary Procedure

1. Any member who is in serious or persistent breach of the Rules or who otherwise acts in a way which in the opinion of the Management Committee is seriously or persistently inappropriate for a member of the Club may be required by the Management Committee to attend for a hearing before it to explain his or her conduct.
2. The Secretary will notify the member in writing at least 14 days before the hearing of:
3. i) the date, time and place of the hearing;
4. ii) the conduct alleged to:

• be a serious or a persistent breach of the Rules, specifying which rule or rules;
• or behaving in a persistently inappropriate manner for a member of the Club

iii) the available penalty or penalties.

3. The member may respond in writing to the Management Committee and will also in any case be given a fair opportunity at the oral hearing to refute, explain or excuse his or her conduct and to say why he or she should not be penalised or what penalty is appropriate for any proven allegation.
4. The procedure to be adopted for the oral hearing will be entirely at the discretion of the Management Committee.
5. The member does not have any right to be represented at the oral hearing (by a lawyer or otherwise) but it will be at the discretion of the Management Committee as to whether the member is allowed to have such representation.
6. There will be no oral hearing in any matter if either:
7. i) the member waives his or her right to an oral hearing or
8. ii) the Management Committee resolves, and writes to the member stating, that it is not considering suspension or expulsion and that consequently in the circumstances an oral hearing is not proportionate.
9. If the Management Committee finds any allegation to be proven on the facts it may:
10. i) suspend the member from some or all rights and/or benefits of membership for a period or periods determined by the Management Committee, with or without conditions; or
11. ii) expel the member with immediate effect.

 

Appeal Committee

8. A member who is expelled or suspended from any rights or benefits of membership for a period of longer than 1 month has the right to appeal against the decision by written notice to the Secretary within 14 days of receiving the decision of the Management Committee. The notice must state the reasons why the decision should be set aside or varied, on the finding of proof of any allegation. There is no right of appeal where any other action has been taken.
9. The Appeal Committee will be constituted of 3 members appointed by the Management Committee.
10. The Secretary will notify the member in writing at least 14 days before the oral hearing stating the date, time and place at which the hearing will be conducted by the Appeal Committee. The member will be given a fair opportunity at the oral hearing to explain why the Management Committee decision should be set aside or varied.
11. The procedure to be adopted for the oral hearing will be entirely at the discretion of the Appeal Committee.
12. The member does not have any right to be represented at the oral hearing (by a lawyer or otherwise) but it will be at the discretion of the Appeal Committee as to whether the member is allowed to have such representation.
13. The Appeal Committee may set aside the decision of the Management Committee if it is satisfied that the decision was unreasonable or otherwise unfair, or if the proceedings leading to the decision were either unreasonable, unfair or prejudicial to the member. The Appeal Committee must not consider new evidence which was not put before the Management Committee unless it is satisfied that there are good reasons why that evidence was not put before the Management Committee and for allowing the new evidence to be considered.
14. There is no further appeal to a decision of the Appeal Committee.