BRINSCALL & WITHNELL
ATHLETIC & RECREATIONAL ASSOCIATION
RULES
AS ADOPTED ON 9th NOVEMBER 1978
AND
AMENDED AT THE AGM – 7TH MARCH 2002
AND
AMENDED AT THE AGM – 30TH MARCH 2006
.
RULES OF BRINSCALL & WITHNELL ATHLETIC & RECREATIONAL ASSOCIATION
1 Name
and Objectives
The
club shall be called “Brinscall & Withnell Athletic & Recreational Association” and shall have the following
objectives :-
(a)
To provide facilities and opportunities for recreational sports and sporting activities and for recreation, social intercourse and refreshments for
the benefit of its members.
(b) To use and maintain the sports field at School Lane, Brinscall for the purposes of the club
in accordance with the trusts declared in a Conveyance dated the 18th of October 1965 and made by the surviving
Executors of Thomas Leslie Park deceased to the Trustees of the club.
(c)
To Provide and maintain a Clubhouse at the said Sports field
or at such other places as the club may from time to time determine.
2 Trustees
(a)
The Trustees shall be the persons in whom the said Sports
field was vested by virtue of the said Conveyance or their successors.
(b) The number of Trustees shall not exceed six nor be less than two and they shall be appointed
by a resolution of the members of the Club in a General Meeting and shall respectively hold office until death or resignation
unless removed from office by resolution of the members of the club at a General Meeting.
(c)
The Trustees shall deal with all property vested in them
in accordance with the trusts of the said Conveyance and subject thereto as directed by resolution of he Management Committee
(of which resolution an entry in the minute book shall be conclusive evidence) and they shall in indemnified against risk
and expense out of the club property.
3 Membership
The
club shall consist of the following types of Members:- (a) Ordinary Members (Over age 18) and Junior members (Under Age 18)
(a) Ordinary Members
who shall be entitled to enjoy all privileges of Membership of the club, Join a Sports Section and Vote at the Annual General
Meeting.
(b) (1) Junior Sports
Members who shall be entitled to play sport as a member of a recognised Sports Section and attend any function approved by
Management Committee but who shall not be permitted to enter the clubhouse after 09-00 pm unless they are taking part in a
Sport or Function approved by the committee.
(2) Junior members who are not members of a Sporting Section may be allowed as Junior Social Members
at the discretion of the Management Committee provided that there Parent or Guardian is a Full Member of the Association but
who shall not be permitted to enter the clubhouse after 09-00 pm unless they are taking part in a Function approved by the
committee.
(3)
Junior Members may stay in the clubhouse after 09-00 pm provided they are supervised by their Parent or Guardian, are not
allowed “At any time” to buy Alcohol, play the Gaming Machines or take part in Bingo Sessions. They shall
not be entitled to introduce a guest into the clubhouse or vote at the Annual General Meeting.
(c) Vice
Presidents (Who have made a donation as provided in Rule 4) shall be entitled to enjoy all the privileges of Ordinary Membership.
(d) Life Members
who shall be entitled to enjoy all the privileges of Ordinary Membership.
In
these rules members of any class who take part in or assist in any of the sporting sections of the club are where it is necessary
to distinguish them referred to as “Section Members” but such description merely indicates such activities without
forming a separate class of member.
4 Qualification for and election of members
(a) Any person who has attained the age of 18 residing within the districts of Brinscall, Withnell, Abbey Village
and Withnell Fold may be nominated for Ordinary Membership provided that the Management Committee may for any reason they
deem in the interest of the club waive the resident ional qualification.
(b) Persons under the age of 18 years may be nominated for Junior Membership provided that they are active participants
in one of the sporting sections of the club and their nomination is supported by the relevant section committee, the sporting
requirement may be wavered at the Discretion of the Management Committee as per rule 3b-2
(c) Persons who have agreed to pay a donation (Of an amount to be fixed from time to time by the Annual General
Meeting) may be nominated by two members of the Management Committee for Vice President Membership.
(d) The management Committee shall have the power to invite any person to become a Life Member without payment of
any subscription in recognition of exceptional services rendered in furthering the objects of the club.
(e) The Management Committee may at their discretion approve Life Membership on payment of a sum to be fixed from
time to time at the Annual general Meeting of the club to persons already entitled to the privileges of ordinary membership.
(f) Every candidate for membership except Vice President and Life Members shall be proposed and seconded by a member
of the club. The candidates full name and address and the name of the propose and seconder shall be communicated to the secretary
who shall cause these particulars to be exhibited in a prominent place in the clubhouse for at least two days prior to election.
The application for election shall be placed before the Management Committee at their next meeting after the expiry of the
said period of two days and all applications for membership shall be dealt with by the Management Committee in the order in
which they were received and the committee may in its sole discretion elect the applicant to membership or refuse membership
without disclosure as to the reasons for such refusal.
(g) No candidate for membership who has been refused election shall be proposed for election again within a period
of 12 months.
(h) Following election all new members shall be notified by the Secretary of their election and they shall be given
access to a copy of the rules and asked to pay their first subscription to the Treasurer. Any new member not making payment
within 14 days from the date of the secretary’s notice shall cease to be a member unless sufficient cause is shown to
the management Committee to extend such period.
(i) No person shall be entitled to the privileges of membership or the right to vote by virtue
only of appointment as a life member until two days after nomination or by virtue only of appointment as a Vice President
until two days after payment of the relevant donation.
5 Duties of Members
Membership
of the club implies submission to and agreement with all restrictions, liabilities and powers contained in these rules and
in any additional or amended rules and a member shall not be absolved from such duty by any allegation that he has not seen
a copy of the rules.
6 Visiting Sports Teams
Bona fide members of visiting teams may be admitted to the clubhouse and intoxicating liquor may
be sold to them for consumption on the premises in accordance with rule 15d
7 Officers
(a)
The officers of the club shall consist of off the President,
The Chairman, the Vice Chairman, the Honorary Treasures, The Honorary Secretary, Honorary Assistant Secretary and Honorary
assistant treasurer.
(b)
The Honorary secretary shall conduct correspondence and shall
have the custody of all documents necessary for conducting the business of the club during his term of office. He shall keep
the minute books of the club and of the Management Committee, duly record and generally do all things which may be necessary
for the proper administration of the club (Other than finance). He shall be paid an annual Honorarium to be fixed from time
to time by the committee.
(c)
The Honorary Treasurer shall keep the accounts of the club
and shall make up the Annual statement of accounts up to and including the last day of January each year. He shall keep a
bank account or Accounts in the name of the Club into which all monies shall be paid and no monies shall be withdrawn there
from without the signatures of the Chairman and either the Honorary Treasurer or Assistant Honorary Treasurer of the club.
The Honorary treasurer shall be paid an annual honorarium to be fixed from time to time by the committee.
(d)
The duties of the Assistant Secretary and assistant Treasurer
shall be to assist and (in their absence) carry out the duties of the Honorary
Secretary and Honorary Treasurer respectively.
8 Management Committee
The Management Committee shall consist of the following :-
(a) The officers each of whom shall be over the age of 18 years and be elected annually at the Annual General Meeting
but may offer themselves for re-election.
(b) Six members of the club (Hereinafter called General Members) who shall be elected in the manner set out below.
:-
The General Members shall consist of six members of the club over the age of 18 who shall, except
as otherwise mentioned in this rule serve for two years from the date of their election.
At the first Annual General Meeting following the formation of the club six members shall be elected
by ballot by the Management Committee. The three candidates who secured most votes shall be elected for two years and the
three candidates who secured the next highest number of votes shall be elected for one year. At all subsequent Annual General
Meeting’s three members only shall be elected and they shall serve for two years. Provided that in the event of any
member so elected ceasing to serve the Management Committee may appoint a member in the place of the member ceasing to serve
but so that the member so appointed shall serve only until the next Annual General Meeting at which as many members shall
be elected as shall be necessary to restore the numbers of General Members to six.
Any nomination to be made under these rules to any Committee or Sub-committee shall be made in writing
to the Secretary not less than seven days before the meeting at which it is to be considered.
Any Trustee who is not already a member of the Management Committee
shall be entitled to attend and speak at any meeting of the Management Committee but shall not be entitled to vote
at such meetings.
The
Management Committee may invite members of sporting sections and such other members as they think fit to attend and so speak
at any meeting without the right to vote at such meetings.
Following the AGM the Secretary or Chairman will be responsible for informing the authorities of any
“Change of Particulars” - To the Police, Clerk to Local Authority
and Clerk to the Justices
9 Management Byelaws, Borrowing and Disposals
(a) The Management Committee shall in accordance with these Rules and the Trusts of the said Conveyance govern the
Club and for this purpose shall have full powers in regard to the finances, property, policy and all matters relating to the
welfare of the club.
(b) The Management Committee may make byelaws which they shall cause to be placed in a prominent position on the
clubs premises and which shall be binding on all members.
(c) If at any time the club in General Meeting shall pass a resolution authorising the Management Committee to borrow
money, the Management Committee shall be empowered to borrow for the purposes of the club such amount of money either at one
time or from time to time and at such rate of interest and in such form and manner and upon such security as shall be specified
in such resolution and the Trustees shall at the direction of the Management Committee make all such disposition of the club
property or any part of the club property and enter into such agreements in relation to the club property as the Management Committee may deem proper for giving security for such loans and interest. All members of the
club, whether voting on such resolution or not and all persons becoming members of the club after passing of such resolution
shall be deemed to have assented to the resolution as if they had voted in favour of it.
(d) If at any time the club in General Meeting shall pass a resolution authorising the management Committee to sell
or lease any part of the land held in trust for the club(Being a sale which is of benefit to the club and which does not detract
from the objects of the club) the Management Committee shall be empowered to enter into a contract for the sale or lease of
such land at such price and subject to such terms and conditions (if any) as shall be specified in such resolution and the
Trustees shall at the direction of the Management Committee execute such Deeds and take such other action as shall be necessary
to carry out such contract.
10 Sporting Sections
The Management Committee shall have power to approve the formation of a sporting section for the
better organisation of any particular sport or similar activity and may (without delegating any of their powers of general
management of the club) agree to the section members forming their own section Committee to run such sport or similar activity
with power to raise funds from the section members or otherwise for the financing of the section. The management Committee
shall approve the general methods of financing and rules of the section prior to their implementation.
The formation of any new section shall be provisional until approved by the members of the club at
the next General Meeting.
11 Subscriptions
The amount of all subscriptions, Vice Presidents donation and Life Membership payments for the ensuing
year shall be fixed at the Annual General Meeting.
For any member who is either a Senior Citizen or a Junior Member the subscription shall not exceed
half the Annual Subscription fixed for Ordinary Members.
Subscriptions shall be payable not later than the date specified in the membership card (Which shall
be drawn up by the management committee and sent to all members at beginning of each season) and if not paid by that date
the Honorary secretary shall give 14 days notice to the defaulting member calling
for payment and if the subscription be not paid within 14 days the member shall cease to be a member of the club.
The financial year of the club shall end on the 31st day of January in each year, to which
the accounts of the Club shall be prepared.
12 Resignations
A member desiring to with draw from the club shall give notice in writing to the Honorary Secretary
on or before the 30th of April in any year otherwise his subscription for the year shall be payable.
13 Expulsion
The Management Committee shall have the power to request any member to resign or to terminate any
membership but for the purpose of this rule the vote of not less than two thirds of the whole management committee present
shall be necessary. Upon termination of membership under this rule the subscription paid for the current year may be returned
wholly or in part at the discretion of the Management Committee. Any person on ceasing to be a member of the club shall forfeit
all rights to any claim on the club, its property and funds.
14 Guests
Any
member (Except Junior Members) shall be entitled to introduce guests to the club provided that no person whose application
for membership has been declined or who has been expelled from the club shall be introduced as a guest. No more than three
guests may be introduced by any one member at anyone time.
The
member who at the time in introducing the guest shall: -
(a) Enter the name and address of the guest together with the member’s own name in a book which shall be kept
for this purpose in the clubhouse.
(b) No guest shall be permitted to purchase intoxicating liquor in
the clubhouse. The Management Committee at all times reserve the right to levy a charge on guests using the facilities of
the association.
(c) The member remains responsible for the guests behaviour whilst in the club and is liable to disciplinary sanctions
should the guest misbehave or breach rules.
15 Intoxicating Liquor
(a) No person shall at any time be entitled to receive at the expense of the club or any member thereof any commission, percentage or similar payments on or with reference to purchases of intoxicating liquor
by the club, nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor
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
carrying on of the club.
(b) The purchase for the club and the supply by the club of intoxicating liquor shall be in the absolute discretion of a sub-committee of not less than three persons _Being members of the management
committee) appointed by the management committee for that purpose. In the event of any member for any reason ceasing to be
a member of the management committee he shall automatically cease to be a member
of the sub-committee and another elected member of the management committee shall be appointed in his place. Subject to all
proper directions by the management committee such sub-committee shall in no way be restricted in freedom of purchase.
(c) No person under the age of 18 may purchase intoxicating liquor
(d) Subject to the approval of the committee, the following non-members may be admitted to the club premises and
may purchase intoxicating liquor for consumption on the premises only
(1) Members of visiting sports teams, their officials and supporters engaged in matches which a representative or
representative team of the club is participating
(2) Persons attending a bona fide function of a members personal or family nature
(3) Persons attending other functions organised to further the object of the club, not to exceed 12 functions in
any twelve month period
16 Application of Funds
No
money or property of the club or any gain arising from the carrying on of the club shall be applied otherwise than for the
benefit of the club as a whole or for some charitable or benevolent purpose or purpose chosen by resolution of a General Meeting.
17 Hours Of Opening
(a) The club may be open between the hours of 10.00 am and 01.00 hours on each
day for the use by its members and the management committee shall have power by resolution to extend these hours on
any special occasion.
(b) The permitted hours for the sale of intoxicating liquor shall be as follows: -
Weekdays (Monday to Thursday)
11.00am to 11-30pm
Weekdays (Friday & Saturday)
11.00am to 01.00am
Sundays
12 Noon to 11-00pm
Good Friday
12 Noon to 10-30pm
Christmas Day
12 Noon to 3-00pm
Christmas Day
7-00pm to 10-30pm
18 Special Admission Charges
The Management Committee at all times reserve the right to levy an admission charge on both members
and their guests on those occasions upon which special entertainment has been provided.
19 Special Functions
Notwithstanding anything herein before mentioned, intoxicating liquors may be supplied during the
hours specified in rule 17 (b) to members and non-members of the club attending at the clubhouse when functions are authorised
by the management committee. Provided always that: -
(a) Such function is a function of a sporting section or body associated there with.
(b) Such a function is permitted by and the responsibility of a member of the club who is present at the function.
(c) Such other function not being provided by paragraph (a) or (b) hereto limited to 12 functions in any one year.
(d) The sale of Intoxicating Liquor is as per rule 15
20 Annual General Meeting
A General Meeting (In these rules called - The Annual
General Meeting) shall be held in every calendar year not later than the 30th of April, at which all members shall
be entitled to attend and at which all members (Except Junior Members who shall have no vote) shall have one vote.
The
following business shall be transacted at the Annual General Meeting :-
(a) To
receive and if approve to adopt a statement of the clubs accounts to the end of the preceding year.
(b) To consider
and vote under rule 24 on any alteration of Rules.
(c) To
appoint the officers and members of the Management Committee.
(d) To appoint
an auditor or auditors.
(e) To
deal with any special matter which the management Committee desire to bring before members and to receive suggestions from
the members for consideration by the Management Committee.
Notice
convening the Annual General Meeting shall be sent to all persons entitled to attend not less than ten days before the Annual
General Meeting and shall specify the matters to be dealt with.
21 Special General Meeting
A Special General
Meeting may be convened at any time by the Management Committee and shall be convened within 21 days from the receipt or a
requisition signed by not less than 12 members. Such requisition shall specify the object of the meeting which shall be for
one of the following purposes: -
(a) To
consider and if approved sanction any alteration of the rules.
(b) To deal
with any matter which the Management Committee or any members requiring the meeting may desire to place before the club.
(c) To
receive the resignation of the Management Committee or to remove any member or members thereof from office and to fill any
vacancy or vacancies caused thereby.
22 Chairman
At the Management
Committee Meetings and at the General Meetings the Chairman, and in his absence, the Vice Chairman shall preside and if neither
is in attendance the meeting shall elect a member to preside.
23 Quorum
At
the Management Committee Meetings (except for the purpose of expelling a member) three shall form a quorum. At General Meetings
15 persons entitled to attend and vote shall form a quorum.
24 Alteration of Rules
(a)
Notice (In writing) of any proposed new rule or alteration of rules for consideration at the Annual General Meeting in any year shall be given
to the Honorary Secretary before the 1st February in that year and no alteration of rule shall be made at the Annual
General Meeting or any Special Meeting unless three quarters of those present shall be in favour of such alteration.
(b) No other alteration in the rules shall be made or new rule proposed except at a Special General
Meeting convened for that purpose and in that case ten days notice of such proposed alteration or new rule shall be given
to the Honorary Secretary, at the expiration of which notice the Honorary Secretary shall, provided rule 21 shall have been
complied with, convene a Special General Meeting which shall (inter alia) consider and vote upon the proposed alteration of
new rule.
(c)
The Secretary must notify alteration to the clubs rules by
written notice within 28 days to the Police, The Clerk to Local Authority and the Clerk to the Justices
David Alston – 30 March 2006
Secretary – BWARA
Ian McVittie
– 30 March 2006
Chairman
- BWARA
