Amended by Ian Scott – Director/Secretary – May 2018
The name of the company shall be THE BRIXHAM YACHT CLUB. Which is a company limited by guarantee
The objects of the Club are to encourage sailing, cruising and racing of sail and power craft, and all forms of water craft, and to become the premier Water-sports centre for Torbay. promote social activities between Members and their guests at the Club House, maintained for this purpose.
3. LIMITATION OF CLUB MEMBERSHIP
The Club shall consist of not more than 1,200 members or such other number as the Board of Directors may from time to time determine.
There will be 5 Directors, consisting of Commodore, Vice Commodore, and three further Directors
The Directors shall, if necessary, be elected by ballot at the Annual General Meeting, the term of election will be a single year for Commodore and Vice Commodore and the three directors by size of vote to calculate a 3 year, 2 year or 1 year term.
If a vacancy arises for a Director of the Club during a year the remaining Board of Directors may appoint a Member of the Club to serve until the next Annual General meeting.
5. DUTIES OF THE AUDITORS and ACCOUNTANTS
The Auditors and accountants shall Be appointed at the Annual General Meeting in each year.
Audit the account of the Club when called upon to do so and shall give such certificate of assurance as to the accuracy of the said accounts as shall be required by law, or the Board of Directors.
If either is unwilling or unable to act, they should inform the Board of Directors who shall appoint a substitute to hold office until the next Annual General Meeting.
6. QUALIFICATION FOR MEMBERSHIP
This may vary from time, for up to date information please visit our website – www.brixhamyachtclub.com
7. HONORARY MEMBERS
Will be detailed by the Board of directors and agreed at the AGM
8. TEMPORARY MEMBERS & VISITORS
This may vary from time, for up to date information please visit our website – www.brixhamyachtclub.com
9. ENTRANCE FEE & ANNUAL SUBSCRIPTION
Membership periods, entrance fees, subscription tariffs, payment periods and conditions shall be determined and published from time to time by the Board of Directors and it will be published on the Website – www.brixhamyachtclub.com and may vary from time to time
Membership of any member shall cease if any subscription remains unpaid for a period of 2 calendar months after its due date. A member whose subscription remains unpaid 7 days after its due date shall not be entitled to vote at a General Meeting.
10. MEMBERS ADDRESS
Every Member shall furnish the Club Secretary with a current address, and email address if available, which shall be recorded in Club Database. Any notice posted on or linked from the Club website, or sent to such address by post or email, including notices for convening General Meetings, shall be deemed to have been duly delivered to the member.
Any Members desirous of leaving the Club shall give notice in writing to the Secretary on or before their renewal date. Where a member resigns then they will not be eligible to recover any or all the subscription paid by them.
12. UNPAID SUBSCRIPTIONS
No Member shall be entitled to vote at any meeting nor to enter or use the Club or any of its facilities unless their subscription shall have been paid
13. EXPULSION & SANCTIONS
The Board of Directors shall have the power to expel, or impose such lesser sanction on, any Member whose conduct in the opinion of that Board falls short of conduct expected of a Member of the Club. Before such Member is expelled or sanctioned the Secretary shall give him or her fourteen days’ notice in writing to attend a meeting of the Board of Directors and shall inform the Member of the complaints made against the Member.
No Member shall be expelled without first having the opportunity of appearing represented or un-represented before the Board, or answering in writing, the complaints made against the Member. An expulsion will need at least three of the Board then present to vote in favour thereof. The Board of Directors shall from time to time set down a Code of Conduct for disciplinary meetings. These are to be in written form and are to be made available to any Members on request from the Secretary.
No Member whose membership has been terminated or suspended under the Rules shall be introduced by any other Member as a visitor to any part of the Club premises.
Any person upon ceasing to be a Member of the Club forfeits all right to claim upon the Club, its property and its funds, including any portion of the current years’ subscription.
Every Member, upon election and thereafter, is deemed to have notice of, and undertaken to comply with the Club Rules and the current By-Laws and regulations of the Club. Any refusal, or neglect to do so, or any conduct, which, in the opinion of the Board of Directors, is either unworthy of a member or otherwise injurious to the interests of the Club, shall render the Member liable to sanction by the Board of Directors.
In exceptional circumstances, any two Directors may suspend a member for gross misconduct subject to a subsequent disciplinary procedure being carried out
14. EXCLUSIONS OF LIABILITY
Neither the Club, nor any Director thereof shall be liable to any Member for any loss of or damage to any property occurring, from whatever cause, in or about the Club premises, nor any injury sustained by any Member or guest whilst on or entering or leaving the Club premises and a notice to this effect shall at all times be displayed in a prominent position on the Club premises.
The management of the Club shall be vested in the Directors and shall be called the Board of Directors. The Board of Directors may delegate all or any of their responsibilities
The Board of Directors may from time to time make, vary or revoke By-Laws (not inconsistent with these Rules) for the regulation of the internal affairs of the Club and the conduct of Members, and the By- Laws, for the time being in force, shall be binding on all Members.
17. SUBCOMMITTEES & CO-OPTED MEMBERS
The board of directors may choose to convene a sub-committee in specialised fields. The members of this subcommittee will be drawn from the current membership.
A member of the Board of Directors, in transacting business for the Club, shall disclose to third parties that he is so acting.
19. AUTHORITIES TO CONTRACT
The Club shall enter into contracts or authorise expenditure only as authorised by the Board of Directors, Board of Directors may authorise from time to time a specific person or persons to contract on behalf of the club
In pursuance of the authority vested in the Board of Directors, by Members of the Club, members of the Board of Directors are entitled to be indemnified by the Members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club. The limit of the individual Member’s indemnity in this respect shall be a sum equal to one year’s subscription at the then current rate for the category of membership unless the Board of Directors has been authorised to exceed such limit by a General meeting of the Club.
21. PURCHASE & SUPPLY OF EXCISABLE GOODS
The purchase for the Club of excisable goods and the supply of the same shall be under the control of Board of Directors but will normally be delegated to a specific director with responsibility for house.
No person under the age of 18 years shall be sold or supplied with intoxicating liquor, nor shall any person under that age be permitted to consume intoxicating liquor on the Club premises, nor may a Cadet Member under the age of 18, purchase, or attempt to purchase tobacco or cigarettes within the Club premises.
No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Any profit deriving from the sale of such goods shall be applied for the benefit of the Club, after deduction of the costs of providing such goods for the benefit of the Club.
Proper accounts of all purchases and receipts shall be kept and presented at the Annual General Meeting in each year and such information as the Finance Director or Auditors and Accountants may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.
Intoxicating liquor may only be supplied for consumption on or off the premises while the Club premises are open provided that the supply is carried out only in strict accordance with the General Licensing Law including permitted hours prevailing in accordance with licensed premises.
Bar opening times will be determined by the Board of Directors and published from time to time, in accordance with the Law
There shall be three Trustees of the Club who shall be appointed from time to time as necessary by the Club in General Meeting from among Ordinary or Honorary Members who are willing to be appointed. A Trustee shall hold Office during his life, or until he shall resign by notice in writing given to the Board of Directors, or until a resolution removing him from Office shall be passed at a meeting of the Board of Directors by a majority comprising two thirds of the members present and entitled to vote.
All property of the Club, including land and investments, shall be held by the Trustees for the time being in their own names as far as necessary and practicable, on trust for the use and benefit of the Club. On the death, resignation or removal from Office of a Trustee, the Board of Directors shall take steps to procure the appointment by the Club in General meeting of a new Trustee in his place and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Trustees as constituted after the said appointment. For the purpose off giving effect to any such nomination, the Secretary for the time being is hereby nominated as the person to appoint new Trustees of the Club within the meaning of Sec. 36 of the Trustee Act 1925 and shall arrange for the transfer of the Club property to the duly appointed person or persons so nominated by the Board of Directors. Furthermore, the transfer of the Club’s real property to the duly appointed person(s) shall include all other personal property owned for the benefit of the Club.
The Trustees shall in all respects act, in regard to any property of the Club held by them in accordance with the directions of the Board of Directors; and shall have the power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Board of Directors’ directions (which shall be duly recorded in the minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
The Trustees shall be effectually indemnified by the Board of Directors, out of the assets of the Club, from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or in relation to any property of the Club vested in them, or in relation to any legal proceedings, or which, otherwise relate directly to the performance of the functions of a Trustee of the Club.
23. GENERAL MEETINGS
ANNUAL GENERAL MEETING
An Annual General Meeting of the Club shall be held each year on a date to be fixed by the Board of directors. The Secretary shall, at least fourteen days before the date of such meeting, or any General Meeting, as hereinafter serve on the Members notice thereof, and of the business to be brought forward thereat.
No business, except the passing of the Accounts and the election of Directors, Trustees, Auditors and Accountants, and any business that the Board of Directors may order to be inserted in the notice convening the Meeting shall be discussed at such Meeting unless notice thereof be given in writing by a Member entitled to vote to the Honorary Secretary at least two full calendar months prior to the meeting.
24. OTHER GENERAL MEETINGS
The Board of Directors may at any time, upon giving fourteen days’ notice, call a General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the Meeting and the discussion at such Meeting shall be confined to the business stated in the notice served on Members.
The Board of Directors shall similarly call a General Meeting upon written requests addressed to the Secretary by at least 30 Members, stating the object of the Meeting. The discussion at such a Meeting shall be confined to the business stated in the notice served on Members.
PROCEEDINGS, VOTING & QUORUM AT GENERAL MEETINGS
At every General meeting of the Club, the Commodore shall preside, or in his absence, the Vice Commodore.
Fifteen Members entitled to vote, and personally present shall form a quorum at any General Meeting of the Club.
Only Full Members, Life Members, Joint Members, Family Members and Young Adult Members aged 18 years and above shall vote (unless excluded from voting by any other Rule) at any Meeting of the Club. Other Members may attend but are not entitled to vote.
Voting, except upon the election of Members of the Board of Directors, shall be by show of hands, or by Proxy Voting where authorised by the Board of Directors.
In the case of an equality of votes the Chairman shall have a second or casting vote, on any matter other than the election of members of the Board of Directors.
An Honorary Member, Cadet Member, Corporate Member or Temporary Member shall not be entitled to the privilege of Membership in voting, passing resolutions, balloting or any other business in connection with the Club.
25. REVISIONS OF RULES
Will be carried out by the Board of Directors as required.
Racing shall be governed by the Racing Rules of Sailing as published from time to time by ISAF and the RYA.
27. CLUB HOURS
The Club opening hours shall be as published from time to time and will be available on the Club Website
28. WINDING UP or DISSOLUTION
If upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be paid to, or distributed amongst the Members of the Club, provided that the same may be given or transferred to some other Institution or Institutions having objects similar to the objects of the Club, such Institution or Institutions to be determined by Members of the Club by resolution passed at a General meeting at or before the time of the dissolution and if so far as effect cannot be given to such provision then to some charitable object.
- CONDUCT OF MEMBERS
- Members shall at all times, when on the Club premises, or engaged on Club activities, or representing the Club, behave in a civilised and polite manner.
- The Club staff are required by their contracts of employment to treat members with respect and it is required that members treat them with equal respect.
- No member other than a Director or a relevant line manager may reprimand a member of staff. Complaints about staff must be made in writing to the Club Secretary who will investigate the complaint and take appropriate action.
- CAR PARKS
- No Member of the Club, nor visitor, is to leave a vehicle in the Club’s car parks unless they are using other facilities of the Club, nor is a vehicle to be parked if it can reasonably be foreseen that it will be parked for more than twelve hours
- The minimum standard of dress for all persons using the Club Bar & Restaurant shall be shoes, slacks or shorts and shirts and be of clean appearance.
- Wet sailing clothing shall not be worn in the Club Bar or Restaurant (unless by special arrangement).
- Men shall not wear singlet or vest style garments when in the Club Bar or Restaurant
- ENSIGN & CLUB BURGEE
- The Club Ensign shall be the red ensign defaced in the fly by a medieval crown with an orange below. This ensign shall only be worn if the owner holds a warrant from the appropriate Ministry for a vessel registered under the Merchant Shipping Act 1894 or a permit issued by the Club for a vessel entered on the Small Ships Register of not less than 7m overall length
- The Burgee of the Club shall have a white triangle in the hoist with red and blue triangles at the tail and a medieval crown with an orange below in the white triangle. It shall conform to the pattern kept in the Club
- When a vessel is wearing the Club ensign, it shall also wear the Club burgee. Other burgees may be worn in an inferior position.
- Vessels with no warrant or permit shall fly the undefaced red ensign in conjunction with the burgee
- The burgee shall not be worn by any vessel in use for professional business or commercial purposes save that permission may be granted by the Club to vessels with charitable status to wear the Club burgee
- Vessels wearing the flags of the Club shall meet the usual requirements of flag etiquette and be handled in a seamanlike manner
- DAMAGE TO CLUB PROPERTY
- A member shall not knowingly remove, injure, destroy or damage any property of the Club and shall make restitution for the same if called upon to do so by the Club
- SETTLEMENT OF ACCOUNTS
- A Member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any byelaw relating to the settlement of such indebtedness.
- Only guide or assistant dog accompanying a blind or otherwise disabled person are permitted in the Bar or Jubilee Room
- Complaints of any nature relating to the behaviour of Members or Visitors or the management of the Club shall be made in writing to the Club Secretary
- EXHIBITING OF NOTICES
- No member, nor his delegate, shall cause any communication in whatever form to be exhibited on Club notice boards or premises without permission.
- ABANDONED BOATS
The Directors may, at their discretion, rule that if any fees payable to the Club by any Member or former Member shall be three months or so in arrears and a vessel the property of a Member or former Member remains upon the Club premises, the Club may:
- Move the vessel to any other part of the Club premises without being liable for any loss or damage to the vessel howsoever caused.
- Give one month’s notice in writing to the Member or former Member at the Member’s last known address, and thereafter sell the vessel and deduct any monies due to the Club (whether by way of arrears of subscription or annual payments, mooring, dinghy park fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member.
- Alternatively, if the vessel is unsaleable, after giving notice in writing as aforesaid, dispose of the vessel in any manner the Directors may think fit and deem the cost of so doing and any arrears as aforesaid to be a debt owing to the Club by the Member or former Member provided that proper evidence is available to show that all reasonable steps have been taken to trace a Member or former Member and that when and if the vessel is sold the proceeds of the sale (less any indebtedness by the Member or former Member of the Club) shall be placed upon Bank Deposit Account and retained against the eventuality of a claim by the owner, for a period of six years and then shall be transferred to the general accounts of the Club
- No game of pool is to be commenced after the Bar closing time at night.
- MOBILE PHONES
- No member or their guests or any other visitor to the Club shall speak on a mobile telephone in the Bar or Restaurant area. Members wishing to answer an incoming call shall do so in the Club foyer, or other external area.
- SIGNING IN
- Each Member shall be entitled to bring a visitor into the Club for as long as the Member is present, on up to 6 occasions in any one calendar year. The Member shall complete the required details in the Visitors Register
- No visitor may be signed in more than 6 occasions in any one 12 month period, irrespective of who is signing them in.
- Members of other Yacht or sailing Clubs, serving Officers and ratings of the Royal Navy or Royal Marines and other persons visiting the Club on official business shall complete the required details in the Visitors Book if their visit is expected or does last more than one hour.
- The internal premises of the Club and the main entrance are designated as a Non-Smoking Area. Smoking is permitted outside on the rear balcony. This Rule also applies to use of E-cigarettes (vaping).
- YOUNG PERSONS & CADETS
- It is the responsibility of parents or guardians to ensure that their children behave at all times in a manner that does not cause inconvenience or embarrassment to other Members.
- Young Persons under the age of 18 and Cadet Members must only approach the bar, and will only be served, at the end hatch/opening nearest the Jubilee room. They must not sit at the bar on bar stools.
Issued by the Directors under Article 1 (a) (vii): 2018