Constitution of the Club
1. NAME AND INSIGNIA
The name of the Club is “Fowey Gallants Sailing Club”. The insignia adopted by the Club is a blue galleon in full sail heading to the left, on a yellow background, together with either the initials F, G, S, and C, or the words Fowey Gallants Sailing Club.
The objects of the Club are to facilitate and encourage yacht and dinghy sailing, racing, and cruising, and to provide amenities and social facilities for all members.
- The Club consists of :-
- Ordinary members, from 18 years of age
- Junior members, from 12 years of age and under 18 (or 21 if in full time education)
- Tadpole members, for those persons under 12 years old and solely for Junior evenings organised by the Committee. Membership to be half of the Junior fee.
- Family members: see special note
- Temporary members: see special note
- Associate members.
(vii) Honorary members
(viii) Members of Reciprocating Bodies.
B. (i) Any application for Ordinary or Junior membership must be proposed and seconded by two Ordinary members of at least 12 months’ standing completing the official application form of the Club.
- Application for Family membership by a parent or parents (as may be) and dependent children in full time education will be made jointly on one application form, as stated in (i). Such adult Family members are in all respects Ordinary members of the Club, with the right to attend and vote at General Meetings of the Club. Any such children under the age of 12 years may only use the Club premises accompanied by an adult member who will be responsible for them in all respects
- The completed form under (i) and (ii) must be prominently displayed on the Club board for at least fourteen days before being considered at a meeting of the Committee of Management, in whom is vested the power to approve, delay or refuse any application, the decision being taken by majority vote. Candidates for membership shall have no privileges whatsoever in relation to the use of the club or premises.
- Application for Temporary membership may be proposed by any Ordinary member in respect of any person who lives outside a radius of fifteen miles from the Club premises, without the need of a seconder. The official application form must be completed and marked clearly “TEMPORARY”; this form will be displayed on the Club notice board for at least two open days of the Club premises before the requested date of membership. Such applications will be considered by a quorum of two members of the Committee of Management, one at least of whom must be an Officer, and if approved, so endorsed.
A similar quorum of the Committee may terminate any Temporary membership at any time, and without giving reason.
No person may be a Temporary member for more than six weeks in any calendar year.
- Persons attending courses at the
Fowey Gallants Sailing School will, at
the discretion of the Senior Instructor and on payment of an appropriate fee be made Temporary members for the duration of their course. Such Temporary members who on completion of their course apply for, and are elected to full membership under 3 A (i), (ii), (iii) or (iv) will receive a refund of their Temporary membership fee.
- Application for Associate membership may be made by any Ordinary member who takes up residence abroad; on approval by the Committee of such written application, membership will continue whilst abroad by an annual subscription being paid at one half of the current rate.
- Honorary membership may be bestowed only by the Committee of Management, but the total number of such members will not exceed fifteen. Honorary membership shall be reviewed annually.
- The Committee may agree with any other clubs, associations, or organisations that membership will be on a reciprocal basis; the Committee must be satisfied that any such reciprocal body includes in its rules similar provision and officially extends the same facility to members of this Club.
The names of such reciprocal bodies will be entered by the Club Secretary on the frontispiece of a “Reciprocal Members’ Book”, to be signed on each visit by the Reciprocal Member, who then ranks as an Ordinary Member, but has no right to attend or vote at any General Meeting, or to hold office.
C. Every member will be furnished with a copy of the Constitution and Rules, and each member will be deemed to have accepted and agreed to be bound by the Rules and Bye-Laws of the Club, and any subsequent additions or alterations thereto.
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 Act 1984.
D. (i) The amount of Entrance Fees and Subscriptions for any calendar year will be determined by the Committee of Management and announced to members before the 1st September of the previous year, to become effective on the 1st January. Such announcement may be challenged by a General Meeting of members properly requisitioned; if this General Meeting decides to alter the announced amounts, such alteration may only become effective from the 1st January,
following the date of the General Meeting
- An official list of such fees and subscriptions for the current year will be prominently displayed in the Club premises.
- Entrance Fees and Subscriptions are payable on election; thereafter, annual subscriptions become due and payable on the 1st January each year. Provided that a member elected after the first day of April in any year shall pay three –quarters of the Annual Subscription applicable for that year and that a member elected after the first day of July in any year shall pay one half of the Annual Subscription applicable for that year and that a member elected after the first day of October in any year shall pay one quarter of the Annual Subscription applicable for that year.
- A list of unpaid subscriptions will be posted on the 1st February each year in the Club premises, and remain there updated until the Annual General Meeting. If payment has not been made by the start of the Annual General Meeting, the member concerned will not be entitled to attend and vote at that Meeting, and at the discretion of the Committee such member may be removed from membership. The Committee may, at its discretion, re-instate such member upon payment of arrears.
- An individual membership may be
Suspended or terminated by a two-thirds majority vote taken at a Committee meeting, where a member is considered to have acted in a manner prejudicial to the interests or the good name of the Club, or failed to comply with the Rules and Bye-Laws of the Club. Such a decision will be conveyed to the offending member by letter signed by an Officer of the Club; that member then has the right to present his denial or explanation in writing within 14 days. In so doing he
may request the right to attend personally the next meeting of the Committee at which the final decision will be taken.
- LIMITATION OF CLUB LIABILITY
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 accept:-
- That 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.
- That the club will not accept any liability for personal injury arising out of the use of the club premises, and 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 on any of them, the Officers, Committee or servants of the club.
OPERATION OF THE CLUB
- GENERAL MEETINGS OF MEMBERS
- Ordinary members and Family
Members over 18 years of age are entitled to attend any General Meeting of the members, and to participate in any voting thereat.
- A General Meeting may be called at any time by order of the Committee, or on written request sent to the Secretary by two Flag Officers, or not less than five members entitled to attend such a meeting. Such written request must state the purpose of the requested meeting.
C. The Secretary will, at least 14 clear days before the date of any General Meeting, post or deliver to each member entitled to attend advice thereof and of the business to be conducted thereat. A copy of such advice or notice will be exhibited in the Club premises for 14 days prior to such meeting.
D. At any General Meeting, a quorum is formed by the presence of twenty- five members entitled to attend, or one fifth of the total number entitled to attend, whichever is the lower.
E. At any General Meeting, the Senior Flag Officer present will take the Chair; should no Flag Officer be present, the meeting will elect a Chairman. In any equality of voting, the Chairman will be entitled to a second or casting vote.
F. At any General Meeting, the members may reserve the management of such affairs as they think fit to a General Meeting, or to one or more special committees appointed by a General Meeting.
G. No business may be transacted at a General Meeting unless all members entitled to attend had such fourteen days notice of the business to come under discussion.
- ANNUAL GENERAL MEETING
- The Annual General Meeting will be held in the Club premises as soon as possible after the 1st January each year as may be convenient, and not more than 15 months after the previous Annual General Meeting.
- The Meeting will appoint, by elections:
- Flag Officers, annually
- Honorary Officers, annually
- Members of the Committee of Management, where vacancies arise by rotation, or casually.
(All of whom must be members of at least twelve months’ standing.)
- A list calling for nominations to such offices and vacancies will be posted in the Club premises not less than 14 days before the meeting. Such nominations must be properly proposed and seconded by members entitled to vote, and the nominee must signify his acceptance of the nomination. The list will be closed 4 days before the meeting and the completed list will remain on display until the meeting. Where the number of nominations for any appointments exceeds the number of vacancies to be filled, election will be by ballot.
- In the event of casual vacancies Occurring during the year in any of the appointments listed under B, the Committee of Management will make temporary appointments, to stand until the next Annual General Meeting only.
- The Meeting may bestow on any Member Honorary Admiral rank for life, in appreciation of services rendered to the Club, with a maximum of three such members at any time. Such rank is non-executive, and does not carry appointment to the Committee of Management.
- (1) OFFICERS OF THE CLUB
The Officers of the Club are as follows:
A. Flag Officers, to be elected annually
- Rear Commodore
B. Honorary Officers, to be elected annually
- Sailing Secretary
- Membership Secretary
All Officers on election are members of the Committee of Management of the Club.
6. (2) TRUSTEES OF THE CLUB
- The Committee of Management shall appoint three Trustees who shall hold in trust for the Club the Club premises, the money standing to the credit of the Club’s banking account, and any other property of the Club.
B The Trustees are empowered to sign all legal documents, mandates, cheques, promissory notes on behalf of the Club, on specific authority to be given by the Committee.
C 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. The Trustees shall not be bound to act in any manner which would expose all or any of the Trustees to personal liability.
D In the event of the number of Trustees being brought below three, the Committee shall appoint such additional Trustees necessary to restore the number to three.
E Any or all of the Trustees in office may be removed from such office by the Committee, by a majority vote at a Committee meeting of which all Trustees have been given notice.
- THE COMMITTEE OF MANAGEMENT
- The general management of the Club is vested in the Committee of Management, hereinafter referred to as the Committee.
- The Committee is composed of the following:
- Flag Officers
- Honorary Officers
- A maximum of ten Ordinary members.
- Ex officio, the Trustees of the Club
- Half of those elected under B(iii) shall retire in rotation at each Annual General Meeting, but are eligible for re-election at the same meeting.
- The Committee is required to meet once in each calendar month: additional meetings may be requisitioned by a Flag Officer, the Secretary, or any three members of the Committee.
- At any Committee Meeting, five members present form a quorum. The Senior Flag Officer present is Chairman; if no Flag Officer is present, those present elect a Chairman. The Chairman is entitled to a second or casting vote, in the event of equality of voting.
- The Committee has the power to make, rescind or vary bye-laws for the regulation of the Club, providing that no bye-law may be inconsistent with these Rules. .
G. The Committee has the power to appoint from time to time any sub-committees, providing that at least one member of such sub-committees is a member of the Committee.
H . The Committee is required to lay before Club members each year in Annual General Meeting a report of the general state of the Club, together with a financial statement Consisting of an Income and Expenditure Account for the year ended on the previous 31st December, and a Balance Sheet as at that date, audited by the Auditors of the Club.
USE OF CLUB PREMISES AND FACILITIES
- Those entitled to use the Club and facilities are as follows:
A. All members
- Guests of members
Members, other than Temporary Members, may bring with them to the Club guests who are in no way ineligible for membership. The names and addresses of all guests must be entered in the “Guest Book”, together with the name of the host member. Members bringing guests to the Club must remain in their company while the guests are on Club premises, but such guests are permitted to use the Club facilities. No member may introduce more than four guests on any one occasion and the same guest may not be introduced on more than three occasions in any one calendar month, and only one of these occasions may be a Saturday.
- Visiting Yachtsmen and Crews
A member of any Club which is recognised by the Royal Yachting Association or any other national yachting authority which is a member of the International Yacht Racing Union mooring temporarily within the precincts of the Fowey River, or any member of the crew, is permitted to use the Club premises and facilities, providing that details of the vessel are entered in the “Visiting Yachtsmen’s Book”.
- Race Competitors and Duty Personnel
Those competing or assisting in any race Sponsored or organised by this Club are Permitted to use the Club premises and facilities, providing that competitors sign the “Visiting Yachtsmen’s Book” and race assistants sign the “Guest Book”, as Club guests.
- Guests on Organised Games and Social Occasions
Where the Committee of Management has given prior approval to the holding of a games or social occasion, and for this purpose the Committee permits an invitation to any body or club to participate in such occasion, then the members of such body or club become guests of the Committee, required to sign the Club “Guest Book”, such signatures to be countersigned en bloc by a member of the Committee of Management.
- LICENSED BAR RULES
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.
The permitted hours for the supply of intoxicating liquors on the premises shall be within the limits of and in accordance with the provisions of the Licensing Acts from time to time in force (or any order made by the Licensing Justices for the District thereunder) and shall be as determined or varied from time to time within these limits by the Committee. A notice of such hours shall be prominently displayed in the Club premises.
No person shall purchase intoxicating liquor for consumption on the Club premises by any person under the age of 18 years, nor shall any person under the age of 18 years purchase, attempt to purchase, or consume intoxicating liquor on the Club premises. The penalty for infringement of this rule shall be expulsion from the Club premises and where the offender is a member of the Club, suspension or termination of the offender’s membership, in the discretion of the Committee of Management.
No person shall take a commission, percentage or such payment in connection with the purchase of excisable goods for the club. Any profit deriving from the sale of such goods shall (after deduction of the costs of providing such goods) be applied to the benefit of the Club.
The regulations governing the use of the Club premises are laid down in the Bye-Laws by the Committee and permanently displayed on the Club notice board.
YACHTING, BOATING AND RACING
- All Club sailing activities are managed and conducted by the Sailing Sub – Committee, one member of which shall be a Flag Officer of the Club.
- All sailing races are sailed under the Racing Rules of Sailing (RRS) subject to RYA prescriptions except where modified by this Club in the form of:
- (a)Bye-Laws, permanently displayed on the
Club notice board.
(b) Sailing instructions, detailed in the
POFROC Annual Notice of Race and Sailing Instructions.
(c ) Regatta instructions, published in the
POFROC annual Fowey Royal Regatta Notice of Race and Sailing Instructions.
- All Club shore-based facilities, such as Yards, Stores, Moorings, Frapes are controlled by the Boats and Yards Sub-Committee. Attention is drawn to the Bye-Laws displayed on the Club notice board.
14 CLUB FUNDS
No money or property of the Club, nor any gain arising from the carrying on of the Club will be applied otherwise than to the benefit of the Club or for a benevolent or charitable purpose. If the Club ceases to function, the assets will be sold and any surplus funds after payment of all liabilities will be given to a charitable organisation with purpose similar to the Club. If after such sale there remains a deficiency, such a deficiency must be made good by such Ordinary member paid up as 31st December prior to the date of the Club ceasing to function.
15 RULES OF THE CLUB
The rules of the Club may be rescinded, altered or new rules added only by the authority of the members in General Meeting, on a majority vote, or ballot if requested, of those members entitled to be present and to vote.
A member wishing to propose any deletion, alteration or a new rule must first obtain the signed support of four other members and submit the written request to the Secretary at least 28 days before the proposed General
Meeting, to enable 14 days clear notice to be given to all members.
The Committee is the sole authority for the interpretation of the Rules and Bye-Laws, and the decision of the Committee on any question of interpretation is final and binding on all members.
In these Rules, where the sense requires the masculine shall include the feminine and the singular shall include the plural.