BRIXHAM RUGBY FOOTBALL CLUB
Notes: For the purpose of these Rules, except where expressly stated otherwise, "members" refers to all categories of membership and the masculine shall include the feminine and the singular shall include the plural.
1 The Club shall be known as Brixham Rugby Football Club.
2 The Club premises shall consist of the Clubhouse located at Astley Park. Rea Barn Road. Brixham. Devon. TQ 5 9 ED
3 The Club is a members Club, open to all the community and without discrimination on the grounds of ethnicity, nationality, sexual orientation, religious belief, sex, age or disability except as a necessary consequence of the requirements of a particular sport. The Club is affiliated to the Rugby Football Union and Devon Football Union and consisting of those categories of membership as specified in Rule 5 hereof.
4 The main object of the club is be to encourage and promote Rugby Union Football and other sporting, social, educational and creative activities within the community.
5 (a) Categories of membership and their privileges shall be as follows:
( i ) Patrons- such persons shall be entitled to use and enjoy the Club facilities which are available for the use of members.
( ii ) Vice President – such persons shall be entitled to use and enjoy the Club facilities which are available for the use of members.
(iii ) Honorary Life Members – such persons shall be elected by the Executive Committee and shall not at any time exceed one tenth of the total membership of the Club. They shall have free entry to all the club’s home matches and shall be entitled to use and enjoy the Club facilities which are available for the use of members.
(iv) Members- such persons shall be entitled to use and enjoy the Club which are available for the use of members.
(v) Playing members –such persons shall be entitled to use and enjoy the Club facilities for the playing of Rugby Union Football and other activities within the objects of the Club.
(vi) Honorary Members- shall be person who have preformed valuable services to the Club and who have been elected to Honorary Membership by the Executive Committee. Such persons shall be relieved of all liability to pay subscriptions for one year and shall have the privileges of Members for one year. All Honorary Memberships will be reviewed annually.
(vii ) Family Membership – shall be available to any member in categories (i ) to (vi) for their regular partner, together with their children, if any, under the age of 16 years. The family member shall be entitled to use and the club facilities (at the discretion of the Executive Committee where children are concerned). The children will not be supplied with or allowed to consume intoxicating liquor on the premises nor play the gaming machines.
For the purpose of rule 9 (iii) each adult family member shall be considered according to the category of membership to which their partner subscribed.
( viii ) Guest Players – such persons may join the Club, at the discretion of the Executive Committee for one week or longer, the subscription shall be paid as determined by the Executive Committee and shall have the privileges of Playing Members for the duration of their membership.
(ix) Affiliated Members-such local clubs and organisations approved by the Executive Committee shall be entitled to use the facilities which are available for use of members, subject to any restriction imposed by the Executive Committee. See Rule 5 c (i).
(x) Employees who are members- Such employee who wishes to become a member of the club may do so, providing however that no member who is in the employment of the Club shall be eligible to sit on the Executive Committee. And it is further provided that if a member who holds a position on the Executive Committee shall take up employment with the club than that member shall forthwith resign from the Executive Committee. See Rule 5 c (i)
(xi) Associate Members- such persons shall be entitled to use and enjoy the Club facilities which are available for the use of Members, subject to any restrictions imposed by the Executive Committee. Such members shall not exceed one tenth of the total membership.
(xii) Temporary Members- such persons shall be elected at the discretion of the Executive Committee or its agent. The membership shall not exceed four weeks in any one year and shall be confined to those residing outside a twenty-five mile radius from the Club. The subscription shall be paid as determined by the Executive Committee, For the period of membership, they shall have the benefits and privileges of membership under Rule 5 (a)(IV) hereof, except as specified in rule 5(c) (i) hereunder.
(xiii) Brixham Youth Rugby Football Club shall also be members of the parent club. They shall be entitled to use and enjoy Club facilities at the discretion of the Executive Committee for the purpose of playing Rugby Union Football and other activities within the objects of the parent Club. If under the age of eighteen years they will not be supplied with or allowed to consume intoxicating liquor on the premises.
(xiv) Function Members. - Such persons shall be elected in accordance with rule 5(b)(v). They shall be elected to temporary membership for the purpose of attending functions within the Clubhouse and shall be entitled to use the Club’s facilities which are available for use of members only for the currency of the specified function save that such members that such members shall not have the rights to vote or any rights set out in rules 12 or 16.
(xv) Visiting Clubs and Organisations. Persons other than members and their guests may be admitted to the Club premises by persons visiting the club by invitation for official purposes within the objects of the Club. Intoxicating liquor may be sold by or on behalf of the club for consumption on the premises by persons admitted in accord with this rule providing the name of their Club or Organisation has been entered in the Visitors Book.
5 (b) The procedure for the election to membership shall be as follows:-
(i) Every candidate for membership, of whatever category shall be proposed and Seconded by two club members. Such proposal shall be submitted with the name and address of the applicant and other details as may be required by the Executive Committee from time to time, on the official application from the Honorary Membership Officer, who shall cause the proposal to be displayed, upon the Club notice board for at least two clear days thereafter and objections to the proposals must be delivered to the Secretary in writing.
(ii) The Executive Committee shall elect or reject membership based on a simple Majority vote. No reason shall be given to any candidate in the event of rejection, except on written application by the candidate.
(iii) No person shall be admitted to any category of membership without an interval of at least two clear days between his application and his admission. Each applicant for membership, of whatever category, shall forward the appropriate subscription with his application. In the event of this application being rejected the subscription shall be refunded in full.
(iv) Any person suspended or expelled from the club following a disciplinary hearing must reapply in writing to the Executive Committee for readmission to membership. The decision of the Executive Committee is final.
(v) Function members shall be elected to membership as follows:
(a) A list of persons (not being members of the club) attending a function at the club shall be delivered to the Club Secretary seventy-two hours prior tothe function.
(b) The list of persons shall be displayed on the Club’s notice board for at least two days prior to the function.
(c ) Election to membership shall be by the Executive Committee or, if not practicable, by any two of the President, Chairman, Secretary, Treasurer.
(d ) No subscription shall be payable in respect of such Function membership. The provisions as to objections to such membership are set in Rule 5(b)(i) and 5 (b) (ii) shall apply. Such Function membership shall cease upon completion of the function
5 ( c) ( i ) Honorary Members, Affiliated Members, Associated Members or Temporary Members shall not be eligible to be Officers of the Club or to vote as members
Members who are under eighteen years of age also shall not be eligible to be Officers of the Club.
Members shall notify the Secretary of any change of address, any notice posted to the member’s last known address shall be deemed to have been properly served on that member for the purpose of these Rules or anything contained therein.
All playing members shall be insured under the Rugby Football Union scheme of Insurance for death, loss of sight, hearing or limb or permanent injury. Playing members are strongly recommended to take personal injury insurance.
6. The Management of the Club shall be conducted as follows: -
The affairs of the Club, except for those matters reserved under these Rules of the Club in General Meeting shall be managed by the Executive Committee of the Club. It shall have control of the finances of the Club, the power to engage, control and dismiss the Club’s servants and all such administrative power as may be necessary for the carrying of the objects of the Club in accordance with the rules.
The Executive Committee shall consist of the Officers of the Club as set out in Rule 6 (iii) hereof, five of whom shall form a quorum . The term of office for any officer will be for one year only. Any vacancy on the Executive Committee may be filled as required and any member so co-opted shall retire at the following Annual General Meeting.
The Officers of the Club shall stand in an unpaid Honorary capacity, shall be: President, Chairman, Vice Chairman, Finance Controller, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Club Captain, Rugby Committee Chairman, Rugby Secretary, Fixture Secretary, Match Secretary, Grounds Officer, Kit Officer, First XV Manager, Reserve XV Manager, Bar Officer, Club Liaison Officer. House Officer, Membership Officer, Sponsorship Officer, Gate Officer, Social Secretary, Ladies XV Representative.
All the above Officers, with the exception of the President, Club Captain and Ladies Representative shall be elected annually at the Annual General Meeting.
The President shall be elected by invitation by the Executive Committee.
The Chairman shall have been a member, either by election or co-option, of the Executive Committee for at least one year immediately prior to his period of office.
The Club Captain and Ladies Representative shall be elected at such time and place as shall be decided by the Executive Committee.
In addition to the Officers listed, should a representative from the Club be elected to the committee of the Devon Rugby Football Union, he shall automatically serve as an Officer of the Club.
Team Captains shall be elected annually at such time and place and in such manner as may be decided by the Executive Committee.
Any member of the Executive Committee who fails to attend three consecutive meetings of the committee without reasonable excuse shall be deemed to have resigned and his place may be filled in accordance with Rule 6(ii) hereof.
The day to day management of the Club shall be delegated to the Rugby Committee and a Finance and Business Committee. These two committees may delegate operational aspects of their work to such Sub- Committees as they shall appoint subject to the approval of the Executive Committee.
The Executive Committee may, by the issuing of by-laws, manage the Club’s affairs to any extent and degree, which is not inconsistent with these Rules. These bylaws may be implemented, revoked or altered by a two thirds majority Of the Executive Committee meeting and voting and must be posted on the notice boards at least twenty-eight days before they are due to take effect.
The duties and responsibilities of all officers shall be set down in writing and approved by the Executive Committee from time to time. The terms of reference of all Committees shall be treated likewise.
The Secretary shall conduct the correspondence of the Club and shall have Custody of all documents belonging to the Club. He shall keep full records of the Club and full and accurate minutes of all proceedings.
The Treasurer shall cause to be kept such accurate and proper books of account as will enable him at every Annual General Meeting , or at other times as may be required by the Executive Committee upon reasonable notice, to present to the Club a full and accurate report, including a separate statement of the purchase and supply of intoxicating liquor, concerning the finances of the club for the preceding year or the current year as the case may be.
In order to assist the performance of the Treasurer in his duties, it will be illegal without the express permission of the Treasurer for any Officer or member to retain any separate funds collected from either members or non- members for any purpose whatsoever. Unless otherwise agreed with the Treasurer, any monies so collected must be handed over to the Treasurer on a weekly basis. Any Officer or member offending in this way will be subject to disciplinary proceedings.
The Club is a non-profit making members club any profits generated by the activities of the club will be utilised in providing and enhancing the facilities available to the members save for donations to no- profit making charitable institutions made at the discretion of the Executive Committee
7 ( i ) The annual subscriptions for all members, other than Honorary Life Members and Honorary Members, shall be as fixed by the Executive Committee prior to the 1 May of each year.
(ii ) The annual subscription shall be due and payable on election under (Rule 5(b) hereof, and thereafter without demand on the 1st May each year. The Executive Committee may terminate the membership of any member whose annual subscription remains unpaid on 1 October in any year.
(iii) Members who have not paid their subscription shall not be entitled to use the Club facilities until a membership is issued to them.
Any member wishing to resign must do so before 1 October and must notify the Secretary in writing, otherwise he will be liable for the current year’s subscription.
Any member shall, upon ceasing to be a member of the Club, forfeit all right to claim upon the Club and its property and funds.
8 The accounts prepared by the Treasurer as laid down under Rule 6( i ) hereof, shall be presented to the Annual General Meeting of the Club. They shall be certified by the Honorary Auditor as being a fair and accurate summary of the Income and Expenditure for the period covered by the Certificate, which shall be of the same period as covered by said accounts.
9 ( I) A General Meeting of the Club to be known as the Annual General Meeting normally shall be held in July of each year and notwithstanding this position, fifteen months shall not elapse without a General Meeting .The Secretary shall give at least twenty eight days notice of such meeting to all club members either by letter, or by a notice in the local press or by a notice in the Clubhouse or by a combination of all three methods. The business to be transacted at the Annual General Meeting shall consist of the following:
(a) The presentation of the audited accounts, copies of which shall be available to all members attending the Annual General Meeting.
(b) To receive reports of the following Officers: Chairman, Rugby Committee Chairman, Youth RFC Chairman, Ladies XV representative.
(c) The election of Officers.
(d) Approval of the Honorary Solicitor and Honorary Auditor as proposed by the Executive Committee.
(e) Other business, notice of which has been given to the Secretary in writing At least twenty-one days before the Annual General Meeting.
(f) Other business from the floor accepted at the discretion of the Chairman of the meeting.
(ii) Additional General Meetings of the Club may be summoned at any time by the Executive Committee. At least fourteen days notice of such a meeting must be given to all Club members, either by letter, by notice in the local press or by notice in the Clubhouse. The Secretary shall also summon a General Meeting if requested to do so by not less than twelve or more members of the Club. Such request must be in writing and signed by twelve or more members, setting forth the object of such a meeting. Twenty -eight days notice at least, of such a meeting must be given to all Club members.
(iii) At all General Meetings of the Club, voting shall be confined to the following categories of membership as describe in rule (5) hereof: Patrons, Vice-Presidents, Honorary Life Members, Members, and Playing Members, twelve of whom shall form a quorum. In the case of equality of voting, the Chairman of the Meeting (who should be the President of the Club, whom failing Chairman of the club, whom failing a member elected for the occasion by the Meeting prior to the business of the Meeting being opened) shall have a second or casting vote. All voting (except where expressed other wise in these Rules shall be simple majority taken by ballot. In the case of elections, where there are two or more nominations for one office, voting shall be by secret ballot.
(iv) The Secretary whom failing a member nominated shall take the minutes of the proceedings at all General Meetings.
(v) In calling a General Meeting the Secretary shall specify by notice the business to be conducted thereat.
(vi) All nominations papers for Officers must be received by the Secretary not less than seven clear days prior to the date of the Annual General Meeting and must be signed by the nominated person and his proposer and seconder
10 (i) If at any time the Club in General Meeting shall pass a resolution authorising the Executive Committee to borrow money, the Executive Committee shall thereupon be empowered to borrow for the purposes of the Club, such amount of money either from time to time or at one time as shall be specified in such resolution and at such rate of interest and in such form and manner and upon such security as the Executive Committee in its absolute discretion shall think fit.
(ii) The Executive Committee shall nominate such of the Officers as it thinks fit to be Trustees of the Club who shall, at the discretion of the Executive Committee, make all such depositions of the Club property or any part thereof and enter into such agreements in relation to thereto as the Executive Committee may deem proper for giving security for such loans and interest.
(iii) All voting members of the Club, whether voting on such resolution or not and all persons becoming members of the Club after the passing of such resolution shall be deemed to have assented to the same as if they had voted in favour of such resolution.
11 (i) The Club premises shall be open to members daily between such hours the Executive Committee shall by by-laws determine, but the Executive Committee reserve the right to close them or part of them for such times as it may deem necessary. The Club premises may be used between the hours of 0900 –2400 at the discretion of the Executive Committee, for any purposes other than the supply of intoxicating liquor and any such matter requiring a licence and the consent of the Justices or appropriate licensing authority
(ii ) The permitted hours for the supply of intoxicating liquor by consumption on the Club premises by members and their guests shall be as follows:
Before 24 November 2005 Monday to Saturday between 1100-2300 Sunday & Good Friday between 1200-2230 Christmas Day between 1200-1500 and between 1900-2230
in addition to the above standard hours, the supply and consumption of intoxicating liquor shall be permitted under the terms and conditions of a Special Order Exemption or other special licence issued to the Club at the discretion of the Licensing Magistrates.
No person under the age of eighteen shall be supplied with or allowed to consume intoxicating liquor on the premises.
After 24 November 2005 Sunday to Thursday Between 1100-2400. Closing time 0100 Fridays, Saturdays & Christmas Eve. 1100-0200. Closing time 0300 New YearsEve 1100-1100. January 1 .
Dates when International Rugby or Association Football matches involving a British team, Rugby World & Association Football World Cups nnd the Olympics, are placed outside the standard times, hours for the sale and consumption of intoxicating liquor will be extended if appropriate to begin 30 minutes before the scheduled kick off or start times until one hour after play ceases followed by an one hour departure time unless overrunning the start of the scheduled licensing hours.
No person under the age of eighteen shall be supplied with or allowed to consume intoxicating liquor on the premises.
11 (iii) The supply to the Club of intoxicating liquor shall be under the control of the Executive Committee who shall arrange for the purchase thereof on behalf of the Club
Any Police Officer of the Devon and Cornwall Constabulary or authorized Licensing Enforcement Officer on duty shall be admitted on proof of identity, to the Club premises during such time as the Club is open to ensure compliance with the relevant legislation.
The times of opening for the sale of intoxicating liquor within the permitted hours shall be at the discretion of the Executive Committee.
12 (i) Members shall be entitled to introduce guests to the Club providing that no person whose application for membership has been declined or who has been expelled from the Club shall be introduced as a guest. The member introducing the guest shall enter the name and address of the guest together with his own name and address in a book kept in the Clubhouse called " The Visitors Book" No member shall be entitled to introduce more than three guests on any one occasion.
A guest living within the boundaries of postcode TQ can only be signed in on three occasions, The host is responsible for guest(s) whilst on the club premises.
(ii) Persons other than members and their guests may be admitted to the Club premises, being persons visiting the Club by invitation attending a private function, a tradespersons in the course of their business or for official purposes within the objects of the Club
(iii) Members of other Rugby Football Clubs and their supporters playing matches, together with representative teams engaged in any other sporting or like activity such as darts, quiz contests, pool etc on the Clubs grounds or in the Clubhouse shall be entitled to use the Club premises for this purpose and intoxicating liquor may be sold by or on behalf of the Club to such persons for consumption in accordance with this rule during the permitted licensing periods on the days they attend for such activity. Records of the teams and activities shall be kept by the organising member and notified to the Club Secretary
13. (i) Rooms and facilities at the Clubhouse or on the grounds save for the main Club bar area may be let for the benefit of the local community for meetings, teaching, training and any other sporting activities. In addition such facilities may be used for functions promoted by a member of the Club for private parties on special occasions such as wedding receptions, engagement parties, particular birthday parties, wakes etc.
Non-members will be permitted to attend such functions and purchase for consumption during the permitted hours of the function which will be supplied by and for the benefit of the Club .The member promoting the function will be responsible for the good conduct of those attending and must be present throughout the function.
(ii) On no more than twelve occasions per annum, commencing on 1 May annually, access to the Clubhouse and grounds will be permitted to the local community for special events organised by the Club or recognised local charitable institutions for the benefit and entertainment of the community and to raise funds for projects or discharge liabilities of the Club .On such occasions intoxicating liquor may be sold to non-members of the Club but will be supplied by and for the benefit of the Club .
A written notice of such event shall be forwarded to the Chief Officer of the Police and until 24 November 2005 the Clerk to the Licensing Justices thereafter from the 24 November 2005 to the Licensing Officer of the Local Authority giving at least fourteen days notice of the event
14 The Executive Committee shall have power to suspend or expel any member who shall offend against the Rules of the Club or whose conduct shall, in the opinion of the Executive Committee, warrant such disciplinary action.
The Chairman or Vice Chairman plus at least one other senior officer shall have the power to impose an immediate period of suspension pending a meeting of the Executive Committee.
Before any member may be expelled, the Hon Secretary shall give him/ her seven days notice to attend a meeting of the Executive Committee and shall inform him/her of the complaint against him/her. No member shall be expelled without having first had the opportunity of appearing before the Executive Committee and answering the complaints made against him
Executive Committee then present voted in favour of his expulsion by simple majority.
No person, whose membership has been suspended or terminated under the Rule shall be introduced by any member as a visitor to any part of the Club premises.
15 These Rules, or any part of them. May be added to, amended or replaced by a resolution of a two thirds majority of those present and voting at a General Meeting of the Club called for the purpose under Rule 9 hereof. The notice of which shall have contained particulars of the proposed alterations or addition .The Secretary shall, as soon as possible and in any case within twenty-eight days of the making any such alterations to these Rules, give written notice of such alterations to the Chief Police Officer and the Clerk of the Local Authority of the District in which the Club is situate,
The Clerk of the Justices shall be informed by written notice signed by the Chairman or Secretary of the Club in accordance with S51 LA 64 ( and by virtue of regulations made there under ). Of any change in the particulars of the Club affecting the registration requirements.(The Clubs (Register) Regulations 1962) until the 24 November 2005 thereafter to the Licensing Officer of the Local Authority.
16 (i) The Club shall be dissolved upon resolution to that effect by a two- thirds majority of those present and voting at a General Meeting of the Club called for the purpose under Rule 9 hereof .At least half of the total membership of the Club shall be present at such a meeting.
(ii) Following such a resolution, the Executive Committee shall take steps to convert into money all the property of the Club whatsoever, with power however to postpone or delay the conversion of any particular property as so directed by the General Meeting.
(iii) Out of the proceeds of such conversion, the Executive Committee shall discharge all debits and liabilities of the Club, including all expenses incidental to the said conversion.
(iv) All monies remaining from the said conversion, following discharge of debits and liabilities aforesaid, shall be passed to any local registered Community Amateur Sports Club with the objects of local Rugby Union Football as directed by the Inland Revenue.
17 Any disputes, arising out or not covered by these Rules shall be referred to the Executive Committee whose decision shall be final.