CLUB RULES
NAME AND OBJECT
1. The name of the club is the “Leigh on-Sea Sailing Club” and the burgee of the club is a red pennant with white cockleshell centre.
2. The objects of the Club are
a) to promote amateur sailing
b) to provide and maintain in conjunction with Leigh on-Sea Sailing Club Limited (“the Association”) a clubhouse, slipways, moorings, boat parks and such other amenities as are usually provided by a sailing club for its members and guests.
c) to make alter or rescind any rules, regulations or bylaws for the conduct of the club.
d) To provide social and sporting events, arrangements and facilities for its members and guests.
MEMBERSHIP
3. Membership of the Club shall be open to anyone interested in sailing regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs, whether the owners of a yacht or boat or not provided that they are not professional yachtsmen. Members other than Full Members may not vote at General Meetings nor have the power of administration, except on sub-committees.
4 A candidate for election shall send to the Honorary Secretary a form setting out his or her name and address and any other particulars the General Committee shall require and containing the signatures of two Full Members of not less than one year’s standing in support as proposer and seconder. The said form shall be prominently displayed in the Club premises for at least seven days before the election takes place. Persons who are candidates for election have no privileges whatsoever in relation to the use of the Club or its premises.
5 Election of candidates to membership shall take place at a meeting of the General Committee duly convened for that purpose. A Candidate shall be elected by a majority of the members present and the voting shall be by ballot if so desired by any member of the Committee. No candidate shall be considered for election until his or her entrance fee and the first year’s subscription has been deposited with the Honorary Secretary, such money to be refunded in the case of non-election. All duly elected Full Members shall automatically become members of the Association in accordance with its articles of Association and thereby undertake to contribute to the assets of the Association in the event of its being wound up while he or she is a member or within one year of ceasing to be a member a sum not exceeding one pound. Any member ceasing to be a member of the club shall cease to be a member of the Association.
6 The General Committee may elect such persons as Honorary Members for such period as the Committee thinks fit, but the total number of such Honorary Members shall not at any one time exceed five per cent of the total number of all members.
7 Any member desirous of retiring from the Club shall notify his intention to the Honorary Secretary on or before the 31st January otherwise he shall be liable for the next year’s subscription.
8 Every member on joining the Club impliedly undertakes to comply with these rules and any refusal or neglect to do so or any conduct which in the opinion of the General Committee is either unworthy of a member or otherwise injurious to the interests of the Club shall render a member liable to expulsion or suspension by the General Committee provided that before expelling or suspending a member such Committee shall call upon him for an explanation of his conduct and shall give him an opportunity of defending himself or of resigning his membership.
The vote on a resolution for expulsion or suspension shall be by ballot and the resolution shall only be carried if not less than three quarters of the members of the General Committee present vote in favour of the resolution.
ENTRANCE FEES AND SUBSCRIPTIONS
9 There shall be an entrance fee of such a sum as a General Meeting may from time to time prescribe as stated in rule 10.
10 With effect from 31st January 2008 entrance fees and the annual subscriptions payable on election and on the 1st February each year shall be as follows and be subject to Value Added Tax at the prevailing rate.
| Annual Subscription |
Entrance Fee | |
| Full Member |
£86.00 | £60.00 |
| Family Membership | £106.00 | £60.00 |
| Associate Member | £43.00 | £45.00 |
| Midshipman | £44.00 | £35.00 |
| Cadet | £21.00 | Nil |
| Social Member | £65.00 | Nil |
a) A “Full Member” means any male or female member over 21 years of age, not being a Family Member, Associate Member or Social Member unless qualifying under rules 10 (b) or 10 (c) (iv). A full Member shall be entitled to the full amenities of the Club.
b) “Family Membership” means Husband, Wife and their children (if any) under the age of 18 years. The status of either the Husband or the Wife shall be that of Full Member. The status of the remaining partner shall be that of Associate Member and any children under 18 years will be cadet members. A Midshipman in full time education shall be charged the same fee as a cadet.
c) An “Associate Member” means:
i) Any member over 21 years of age who has no residence or place of business within 45 miles of the Club, or
ii) Is a serving member of H.M. Forces, Merchant Navy, or Merchant Air Fleet, or
iii)who was elected a “Lady Member other than the wife of a member” prior to 31st January 1988.
An Associate Member shall be entitled to the full amenities of the Club but will have no voting rights unless qualifying under rule 10 c (iv).
(iv) Serving Members of H.M. Forces, Merchant Navy or Merchant Air Fleet shall have the status of Full Member.
(d) A “Cadet Member” means any male or female under 18 years of age. A Midshipman means any male or female over 18 years of age and under 21 years of age. Midshipman on reaching the age of 21 years may at the discretion of the Committee, be elected to Full or ASSOCIATE membership. Further nominations and entrance fees shall not be required, but notice of the application shall be posted on the notice board seven clear days before election. If within three months of attaining the age of 21 years, a Midshipman has not applied in writing to the Honorary Secretary to be elected to Full or Associate Membership, it shall be deemed that he or she does not wish his or her membership of the club to continue.
(e) A “Life Member” means any full member who has been so elected in respect of services to the club and on being so elected, will retain the rights of a full member.
(f) A “Paid up Member” means any member who having reached the age of 60 and having been with the club continuously for 30 years has been so elected by the General Committee on payment of a sum equal to 5 years subscription. For family members both Husband and Wife must attain the age of 60 years.
(g) A “Social Member” means any person who has an interest in nautical matters the aims and objects of the Club. Social Membership shall be limited to 100 persons, who shall not be empowered to vote at a General Meeting, stand for election to the General Committee or introduce guests to the Clubhouse. Social members SHALL NOT participate in sailing or club racing without first applying for transfer to Full, Family, Associate, Midshipman or Cadet Membership. Existing members can request to be transferred to Social Membership upon giving two years notice of such change. Rule 10 (h) shall not be open to Social Members. If a Social Membership is converted to Full or Family Membership the joining fee becomes payable.
(h) Members who on attaining the age of 65 years and who have been Members of the club for 10 years or more shall pay 25% of the current subscription, commencing with the year following their 65th birthday. For family members both Husband and Wife must attain the age of 65 years.
(i) Visitors. Members shall have the privilege of introducing a visitor (except on the occasion of a Special or General Meeting) providing that such visitor has not been rejected as candidate for election, or that his name has not been struck off the list of members for non-payment of subscription, or any other cause. The name of each visitor introduced shall be entered in the Visitor’s Book and countersigned by the Member or Members so introducing him or her, and it is expressly understood that all expenses incurred by Visitors shall be defrayed by the introducing Member(s). No visitor shall be introduced more than six times during any consecutive three months. Members so introducing are held responsible that the character and status of the Visitor are such as will be acceptable to the Members. At no time shall the introducing Member(s) leave the Club premises while his Visitor(s) are present.
11 On, or about the 1st February accounts will be sent to members who have not paid subscriptions for the current year, mooring rents, locker rents, rack space fees for the coming season and the race entrance fees for the previous year. Membership will lapse automatically if the subscription is not paid by the 31st March. Moorings , rack spaces and lockers will be re-allocated if the fees are not paid by 28th February.
OFFICERS
12 a) The Officers of the Club shall consist of a Commodore, Vice Commodore,
Rear commodore, Honorary Secretary or Secretaries, Honorary Treasurer or Treasurers, Honorary Sailing Secretary or secretaries and Race Officer who shall be elected at the Annual General Meeting in each year to hold office until the next Annual General Meeting. The retiring Officers shall be eligible for re-election.
b) No candidate for election to any office shall be proposed unless he or she has been a member for not less than one year and unless the name of such a candidate and his or her proposer and seconder shall have been prominently displayed in the Club House seven clear days before the Annual General Meeting. The Proposer and Seconder must be Full Members who have been members for not less than one year.
c) A Member of the General Committee (including an ex-official member) shall immediately cease to hold office if disqualified as a Member of the Council of the Association for any reason set out in the Articles of Association or the Companies Act 1948; or any amendment or re-enactment thereof or being a member only of a sub-committee for like reasons which would so disqualify him or her.
d) The Club in a General Meeting may remove any Officer or member of the Club committee before the expiration of his or her term of office or a member of the Club Committee before the expiration of his or her term of office or a member of the Club Committee may resign from the same on giving written notice to the Honorary Secretary and such person shall thereupon be disqualified and removed as a Member of the Council of the Association.
GENERAL COMMITTEE
13 a) The General Committee shall consist of:- firstly the officers; secondly Chairman of nominated sub-committees and general members of the Committee not exceeding seven in number elected at the Annual General Meeting to hold office until the next Annual General Meeting.
b) Candidates for election to the General Committee shall be members of the Club of not less than one year’s standing whose nominations duly proposed and seconded by members of the Club in writing shall have been prominently displayed in the Club House seven clear days before the Annual General Meeting. The Proposer and seconder must be Full Members who have been members for not less than one year.
c) The General Committee may co-opt the Cadet Captain and up to four other members (except Cadet Members) onto the General Committee as ex-officio members but they shall not become Members of the Council of Association.
d) If a casual vacancy occurs among the Officers (except as below) or the General Committee whether by death or resignation the General Committee may co-opt any member (except a Cadet Member) to fill the vacancy but such member shall not become a member of the Council of the Association unless he or she is a Full Member. Vacancies among the Flag Officers, Honorary Secretary or Honorary Treasurers shall be filled only at a General Meeting.
e) If the number of candidates duly proposed and seconded exceeds the number of vacancies to be filled the elections shall be by ballot of those members present at the meeting.
f) Any Full member may be nominated for election to the General Committee in accordance with sub rule b) of this Rule.
g) At the request of any Officer or any three members of the Committee the Honorary Secretary shall call a committee meeting. Five shall form a quorum.
SUB – COMMITTEES
14 The General Committee may appoint such sub-committees as it may think fit, provided that the Chairman of each sub-committee be a member of the General Committee and the other members of each sub-committee be members of the Club and that the vacation of office on the General Committee shall also involve vacation of office on any sub-committee.
MANAGEMENT OF THE CLUB
15 a) The affairs of the Club shall be wholly managed by the General Committee in accordance with the powers granted to it by the Articles of Association. Co-opted members shall have no right to vote or of the management unless they are Full Members and become Members of the Council of the Association.
b) It shall be the responsibility of the Honorary Treasurer or Treasurers to keep a complete and accurate account of the Club’s finances.
c) Minutes of the proceedings of all General and Committee Meetings shall be entered in a book kept for that purpose and shall be signed by the Chairman.
d) The General Committee may at any time make alter or rescind any regulation or bylaw not inconsistent with these rules in respect of Club premises and property or any part thereof and the conduct of Members provided that the Club may by resolution in general Meeting alter these rules or set aside or amend any regulation or bylaw made by the General Committee.
e) All acts done by the General Committee or any sub-committee or Officer or Member thereof shall not withstanding that it may be afterwards be discovered that there was some defect in the appointment of such committee or person be as valid as if the appointment has been without defect.
16 The accounts shall be audited by the Auditors of the Association and laid before the Annual General Meeting of the Club on the same day as the Annual General Meeting of the Association and with similar provisions as to the notice of the Meeting and of the accounts.
GENERAL MEETINGS
17 a) The club shall hold an Annual General Meeting in every calendar year on the same day as and immediately following the Annual General Meeting of the Association and with the same notice. Any General Meeting other than the Annual General Meeting need not be held on the same day as an extraordinary General Meeting of the Association though it may be if so required and would be subject to the same provisions for notice.
b) The General Committee may at any time call a general Meeting of the Club for any specific business. The discussion at such general Meeting shall be confined to the business stated in the notice sent to members.
c) Ten members may join together to require the Honorary Secretary to summon by notice as hereinafter mentioned a General Meeting. Such requirement shall be made in writing.
d) Twenty members at any General Meeting shall form a quorum.
18 a) The Honorary Secretary shall, at least twenty one clear days before the date of the Annual General Meeting, post or deliver to each Full member notice thereof and of the business to be brought forward thereat.
b) At the Annual General Meeting or a General Meeting of the Club each Full Member shall have one vote. In the case of equality of votes the Chairman shall have a second casting vote.
c) Only those members who have paid their current subscriptions may speak or vote at a General Meeting.
19 The vote on a resolution rule 12 (d) shall be by ballot and the resolution shall be carried if not less than three quarters of the Members present vote in favour of the resolution.
SUPPLY OF INTOXICATING LIQUOR
20 The purchase for the Club of intoxicating liquor shall be exclusively controlled by the General Committee. The supply and consumption of intoxicating liquor in the Clubroom shall be in accordance with byelaws made under Rule 15 (a).
MISCELLANEOUS
21 A member of any Club recognized by the Royal Yachting Association (a list whereof is contained in the Year book of the said Association) may be authorized to use the premises of this Club by any Member of the General Committee of this Club, such authorization shall specify between which dates not being more than 14 days apart the said person may so use the premises.
22 a) Any person who is a competitor in any race sponsored or organised by or on behalf of the Club and any person who is a member of the crew of such competitors for the purposes of the race is entitled to the use of the Club premises within a period of twenty four hours before and after the race in which they are competing.
b) Any person who is an enrolled pupil of a course organized by or on behalf of the Club is entitled to the use of the Club premises under Rules 21 and 22 only.
23 The Honorary Secretary or any other person who has received the authority of two members of the General Committee may expel temporarily or permanently any person who has the right to use of the club premises under Rules 21 and 22 only.
24 No money or property of the Club or any gains arising from the carrying on of the Club shall be applied otherwise than for the benefit of the Club or the Association or for a benevolent or charitable purpose to be nominated by General Meeting.
25 Any honorarium payment made shall be detailed in the annual accounts.
NEW RULES, AMENDMENTS AND ALTERATIONS
26 a) Notice of any alteration or addition to the rules intended to be proposed by a member of the Club shall be given to the Honorary Secretary in writing before the 1st November if the same is to be proposed at the Annual General Meeting or at least one month before any General meeting at which the same is to be brought forward, and full particulars of any such proposed alterations or additions shall be set out in the notice convening the meeting.
b) All such proposed alterations or additions and any amendments to them which may be proposed and seconded at the meeting shall be voted upon, and provided that on a show of hands, or, if demanded, on a ballot, not less than two thirds of the votes cast be in favour of any proposed alteration or addition or amendment then the same shall be deemed to have been carried.
27 The General Committee shall be the sole authority for interpreting the Rules and bylaws of the Club, and for settling disputes relating to the affairs of the Club and the conduct of Members in relation thereto.
LIMITATION OF THE CLUB’S LIABILITY
28 Members of the Club, their guests and visitors, may use the club premises, and any other facilities of the Club, entirely at their own risk and impliedly accept that:
i) 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.
ii) The Club will not accept any liability for personal injury arising out of the use of club premises, and any other facilities of the club, or out of participation in any race organized by the Club whether sustained by members, their guest 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 of any of the Officers, Committee or servants of the Club.
iii) Before inviting any guests or visitors onto the premises or to participate in events organized by the Club, members will draw attention to this rule.
SCHEDULE I
1 Bylaws relating to the supply and consumption of intoxicating liquor in the Clubhouse made under Rule 15 (a).
Intoxicating liquor may be supplied to members and sold to their guests. The Club may also sell intoxicating liquor for consumption on the premises to the following persons.
i) Persons who are entitled to the use of the Club premises in pursuance of Rules 21 and 22.
ii) Persons other than Club members who are on a specific occasion, by the invitation of the General Committee or by the Commodore, or any Officer of the Club, using the facilities of the Club, and their guests.
2 No person under the age of eighteen years may purchase or consume any intoxicating liquor on the registered premises.
3 A list of all members shall be kept on the Club’s registered premises at the Clubhouse, Old Town , Leigh on-Sea.
4 The permitted hours for the supply and consumption of intoxicating liquor shall be the general licensing hours for the district in force for the time being.
5 No person shall receive at the expense of the Club any commission, percentage or similar payment 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 or sale of intoxicating liquor by or on behalf of the Club to members or others, apart from any benefit accruing to the Club as a whole.
6 No intoxicating liquor shall be supplied to members or to any other persons on the Club premises otherwise than by or on behalf of the Club.
SCHEDULE II HOUSE BYLAWS
1 The Club House is for the benefit and enjoyment of all members and it is the responsibility of members to use it in an unselfish and understanding manner.
2 The Club House may be open until 11.30 p.m. weekdays and 10.30 p.m. on Sundays. Unless permission is granted by the General Committee the Club House should not be used prior to 8a.m.
3 Cadets may only introduce visitors to the club premises by permission of any Officer or member of the committee.
4 The Saloons may be used for special functions with approval by the General Committee and on those occasions entry may be restricted.
5 Persons using the Saloons should be suitably dressed and children must behave in such a manner as not to be an annoyance to other persons present.
6 Dogs must be kept under control so as not to be an annoyance to other persons present.
7 No member shall under any pretence take away any newspaper, book, pamphlet or other article which is the property of the Club.
8 No portable radios, tape recorders or record players may be operated in the Saloons or bar except on such occasions as the Committee may decide otherwise.
9 Boating and other equipment including heavy weather clothing and sea boots can, by arrangement with the House Committee, be stored on the premises at no risk to the Club but must not be introduced to the Saloons. Lockers are available by arrangement with the Hon Treasurer.
10 The Notice Boards are the ultimate responsibility of the Hon Secretary and notices (which must not relate to business) may only be displayed with permission from a Committee member. All sales notices on the website, notice board and Club publications should be agreed by a Committee member.
11 Any article broken by a member or his guests shall be paid for by the member.
12 Should any member have cause for complaint or any suggestions to make he must address a letter to the Secretary or enter the same in the suggestions book.
13 Members may book either of the Saloons for private functions for the current charge fixed by the Committee and application must be made in writing to the Hon Secretary so it can be considered by the General Committee.
14 Keys are available to members by application to the Hon. Treasurer on payment of a deposit. Keys must be returned by persons ceasing to be a member.
15 The last member leaving the premises is responsible to ensure they are left securely locked.
16 No claim, whether by a member or guest in respect of any property alleged to have been damaged, stolen, lost or left on any part of the club premises or resulting from the negligence of any servant or otherwise, will be accepted.
17 No flammable or explosive materials, whether solid, liquid or gas, shall be left anywhere on the club premises unless approved by the committee.
18 Should the interpretation of these bylaws need determination at short notice then those General Committee members at that time present shall make such determination.
19 Personal data will be held for Club administration purposes only.
SCHEDULE II I
RACKS, MOORINGS AND PROMENADE BYLAWS
1 Boat storage is for members who intend to use their boats in the twelve month period commencing 1st March each year for sailing activities. Other uses will require written permission of the General Committee.
2 RACK FEES: The rack fees are set by the General Committee and are as follows:-
| Tenders and Sailboards | £40.00 |
| Dinghies | £55.00 |
| Large Dinghies and Cats | £70.00 |
| Large Cats | £80.00 |
| Trailer storage (prom) | |
| Small | £20.00 |
| Large | £50.00 |
3. MOORING FEES:
Fees are dependant on Southend Borough Council
4 All new applications for rack space must be made in writing to the Rack Chairman and boats must not be left on the Racks, Promenade, or Bird Cage without allocation
5 Rack spaces are not transferable upon sale of boat.
6 All boats stored on the racks should be identifiable by name or sail number.
7 Road trailers must not be left or stored on the racks. Long term storage of trailers is permitted upon payment of the appropriate storage fee. All stored trailers shall be clearly marked to identify the owner.
8 Rack spaces for which rents have not been paid by 28 February each year will be reallocated.
9 Boats being rigged on slipways must leave space for other rack users to launch their boats without hindrance.
10 All boats must be left securely lashed/tied to the rack to prevent storm damage.
11 All members with boats on the racks must have a current certificate of insurance with liability to Third Parties.
12 The Committee shall be entitled to move, without the consent of the owner, any boat, sailboard, road trailer or launching trolley or associated equipment deemed to be causing an obstruction or liability or are in breach of any rule set out in this schedule, to another part of the Club premises without being liable for any loss or damage however caused.
13 Boats stored in the birdcage may be required to move by the Cruiser lay up date.
14 The promenade is strictly for the use of Leigh on-Sea S.C. Members only and may not be used by any other parties except by the consent of the General Committee.
15 The parking of motor vehicles on the promenade is only permissible in connection with sailing activities. All vehicles must display identification such as a Leigh on-Sea S.C. car sticker.
16 If at any time any Rack, Mooring or Storage fees payable to the club by any Member or former member shall be three months or more in arrears:
a) The Committee shall be entitled to move the boat, sailboard, trailer, trolley or any associated equipment to any other part of the premises without being liable for any loss or damage to the said boat, sailboard, trailer, trolley or associated equipment however caused.
b) The Committee shall be entitled upon giving one months notice in writing to the Member or former Member, at his last known address shown in the register of Members, to sell the boat, sailboard, trailer, trolley or associated equipment, and to deduct any monies due to the Club (whether by way of arrears of subscription or mooring fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member.
c) Alternatively any boat, sailboard, trailer, trolley or associated equipment which in the opinion of the Committee cannot be sold may, upon such notice as aforesaid, be disposed of in a manner the Committee may think fit and the expenses recovered from the Member or former Member.
d) Further the Club shall, at all times, have a lieu over Members of former Members boats parked or moored on Club moorings in respect of arrears of rack fees or subscriptions or otherwise.
It is strongly advised by the Committee that all Members safeguard their boats and property by securing their boats with lock and chain to the rack and not to leave loose items such as rudders, tillers, etc. with the boat. Cruiser owners are especially encouraged to register their boats with the Marine Police and to follow their advice on securing equipment and property.
17 At the discretion of the General Committee, Members may be requested in writing to re-apply for the rack (storage) space (s) by December of the current year for the following year. A two month administration period will be allowed between application and reply.
