CONSTITUTION
CONTENT
1. THE CLUB
2 AIMS & OBJECTIVES
3. MEMBERSHIP
4. CLASSES OF MEMBERSHIP
5. OFFICERS
6. ELECTION OF OFFICERS, CAPTAINS & MANAGEMENT COMMITTEE
7. MANAGEMENT COMMITTEE
8 THE DUTIES OF THE MANAGEMENT COMMITTEE
9. PROPERTY AND FUNDS
10 FINANCIAL YEAR
11 AUDIT OF ACCOUNTS
12. HONORARY LIFE MEMBERS AND VICE PRESIDENTS
13. ASSOCIATE MEMBERS
14. ADVERTISEMENTS
15. RESIGNATION OF MEMBERS
16. EXPULSION OF MEMBERS
17. EFFECT OF CEASING TO BE A MEMBER
18. MEMBERS ADDRESSES
19. CLUB NOT TO BE USED FOR BUSINESS
20. MEETINGS OF MANAGEMENT COMMITTEE & APPOINTMENT OF SUB - COMMITTEES
21. ANNUAL GENERAL MEETING
22 SPECIAL GENERAL MEETING
23 CONVENING A GENERAL MEETING
24 PROCEEDINGS AT GENERAL MEETINGS
25 GENERAL MEETING - QUORUM
26 AMENDMENTS
27. THE BAR COMMITTEE
28 OPENING OF CLUB PREMISES
29 LICENSING ACT 2003, QUALIFYING CLUB ACTIVITIES
30 THE BAR
31 YOUNG PERSONS
32 MEMBERS GUESTS
33. SALES IN ACCORDANCE WITH THE LICENSING ACT 2003 COVERING TEMPORARY ACTIVITIES
34. PRIVATE BENEFIT NOT TO ACCRUE ON PURCHASE ETC. OF LIQUOR
35 AUTHORITY TO MAKE COMMITTMENTS
36. INTERPRETATION OF RULES
37. AMENDMENT TO THE CONSTITUTION
38 DISSOLUTION OF THE CLUB
39 DISCIPLINE
40 CODE OF CONDUCT
41 NO SMOKING
POLICY
1. THE CLUB
The name of the Club will be ‘Sawley and Long Eaton Park Cricket Club’ and the club will be affiliated to the England & Wales Cricket Board through the Derbyshire Cricket Board.
2 AIMS & OBJECTIVES
a. To foster and promote the sport of cricket at all levels within the community and within the sport, providing opportunities for recreation, coaching and competition.
b. To manage the Bill Camm and Graham Draycott pavilions
c To ensure that all members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
d. To ensure a duty of care to all members of the club by adopting and implementing the ECB ‘Safe Hands – Cricket’s Policy for Protecting & Safeguarding Children’ and any future versions of the Policy.
e. To ensure a duty of care to all members of the club by adopting and implementing the ECB Cricket Equity Policy and any future versions of the Policy.
f. To encourage all members to participate fully in the activities of the club.
3. MEMBERSHIP
a. Membership of the club shall be open to anyone interested in the sport of cricket on application regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs.
b. The club has different classes of membership and subscription on a non discriminatory and fair basis.
c. Application for membership of the club shall be by completion of a membership application form and by payment of the relevant subscription as determined by the Annual General Meeting of the club.
d. No person shall be eligible to take part in the business of the club or eligible for selection for any club team unless the appropriate subscription has been paid or membership has been agreed by the Committee.
e. If any Member fails to pay their Annual Subscription on or before the first day of June, notice shall be sent to them calling their attention thereto and if no payment is received within the next fourteen days they will not be eligible for selection or be able to use the facilities of the Club. If no payment is received by 1st. July then the Management Committee will deem their membership cancelled. If at anytime they shall give to the Management Committee a satisfactory explanation they may at the discretion of the Management Committee and upon payment of the arrears be re-admitted to Membership.
f. The Management Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the club or cricket into disrepute. Appeal against refusal or removal may be made to the Management Committee who shall appoint an Appeals Committee to hear the appeal.
g. All members will be subject to the regulations of the Constitution and by joining the club will be deemed to accept these regulations and any Codes of Conduct that the club has adopted. The Constitution shall identify those members eligible to vote at any General Meetings.
h. Membership of the cricket club will take effect immediately on submission of a membership application form but in accordance with the ‘Licensing Act 2003’, persons will not be permitted to purchase alcohol until 48 hours have elapsed from the submission of their application for membership.
4. CLASSES OF MEMBERSHIP
There shall be 7 classes of membership available. These are:
Honorary Life Vice Presidents
Vice Presidents
Full Member
Junior Member (Under 16 years of age at the beginning of the current year)
Non-playing Member
Associate Member
Family Member
A list of members in each category shall be maintained by the Secretary.
5. OFFICERS
The Officers of the club are:
President
Chair
Vice Chair
Secretary
Treasurer
Club Welfare Officer
Steward
Youth Officers (2)
Club Captain
Sponsorship & Fundraising Manager
6. ELECTION OF OFFICERS, CAPTAINS & MANAGEMENT COMMITTEE
At the Annual General Meeting all of the Officers, Captains & the Management Committee shall retire, but shall be eligible for re-election. For the purpose of any such election each candidate for office shall be nominated and seconded by Members of the Club. If there is no more than one nomination for any position the candidate nominated shall be elected. If there should be two or more persons for a position, a ballot shall be held and the person receiving the highest number of votes shall be appointed for the ensuing year. Two tellers shall be appointed to count the votes. If there shall be no nomination for any office the vacancy shall be filled by election by the Management Committee
7. MANAGEMENT COMMITTEE
The affairs of the club shall be conducted by a Management Committee comprising the Officers of the club and other members elected from, and by, the Full Members of the club to a maximum of 15 members. Only these members of the Committee shall be entitled to vote at Committee meetings. The Committee will be convened by the Secretary and shall meet at agreed intervals and not less than four times per year. The quorum required for business to be agreed at Management Committee meetings shall be 7 members in attendance.
8 THE DUTIES OF THE MANAGEMENT COMMITTEE
a. To control the affairs of the club on behalf of the members.
b. To keep accurate accounts of the finances of the club through the Treasurer. These should be available for reasonable inspection by members and should be audited before every Annual General Meeting. The club shall maintain a bank current account and the following Officers shall be authorised to sign club cheques: any two from the Chair, Treasurer and Secretary and 1 other appointed member
c. To co-opt additional members of the Management Committee as necessary.
d. Co-opted members shall not be entitled to a vote on the Management Committee and shall serve until the end of the next Annual General Meeting.
e. To make decisions on the basis of a simple majority vote. In the case of equal votes, the Chair shall be entitled to an additional casting vote.
f. The Committee shall have powers to appoint sub-committees as necessary and to co-opt advisers who may be non club members invited to advise on specialist subjects.
Note! An elected Committee member ceases to be such if he or she ceases to be a member of the club, resigns by written notice, or is removed by the Committee for good cause after the member concerned has been given the chance of putting their case to the Committee. Appeal against removal may be made to the Appeals Committee. The Committee shall fairly decide time limits and formalities for these steps. The Committee has the power to:
g. To manage the clubs pavilions, and be responsible for equipment, coaching, training, and related social and other facilities
h. To take out any insurance for club, employees, contractors, players, guests and third parties and to raise funds by appeals, subscriptions, loans and charges, to borrow money and give security for the same, and open bank accounts and set aside funds for special purposes or as reserves and to invest funds in any lawful manner
j. To co-operate with or affiliate firstly to any bodies regulating or organising the sport of cricket and secondly any club or body involved with cricket and thirdly with government and related agencies.
k. To do all other things reasonably necessary to advance the aims and objectives of the club.
Note! NONE of the above powers may be used other than to advance the aims and objectives in a manner consistent with the Rules and the general law.
9. PROPERTY AND FUNDS
(i) The property and funds of the club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits shall be reinvested in the club.
The club may also in connection with the sports purposes of the club:
(a) Sell and supply food, drink and related sports clothing and equipment
(b) Employ members and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present
(c) Pay for reasonable hospitality for visiting teams and guests
(ii) Indemnify the Committee and members acting properly in the course of the running of the club against any liability incurred in the proper running of the club (but only to the extent of its assets).
10 FINANCIAL YEAR
The financial Year of the Club shall end on September 30th in each year, to which day the accounts of the Club shall be balanced.
11 AUDIT OF ACCOUNTS
The accounts as soon as practicable after the end of the Financial Year shall be audited by a suitably qualified person who shall be appointed at each Annual General Meeting and who shall not be a Member of the Club. The Auditor shall audit the accounts not less than fourteen days before the Annual General Meeting. A vacancy occurring in the office of Auditor during the Year shall be filled by the Management Committee.
12. HONORARY LIFE MEMBERS AND VICE PRESIDENTS
The Management Committee may invite Members who make major contributions to the Club to become Honorary Life Members or Vice Presidents. Honorary Life Members shall not exceed six but there are no limits to the number of Vice Presidents. Honorary Life Members and vice Presidents shall have voting rights at General Meetings but will not be expected to pay Annual Subscriptions. They will be entitled to all the benefits and privileges of Membership and may, if so elected, become Officers or Members of the Club’s Management Committee. They may claim any share of the property of the club upon its dissolution.
13. ASSOCIATE MEMBERS
They will be entitled to all benefits and privileges of membership but will have no voting rights at General Meetings or any share of the property of the Club upon its dissolution.
14. ADVERTISEMENTS
All advertisements of Club functions or entertainments shall carry a notice stating that admission will be limited to Members and bona fide guests only
15. RESIGNATION OF MEMBERS
Any Member may resign their Membership by giving to the Secretary notice in writing to that effect. Every notice shall, unless otherwise expressed, be deemed to take effect as from the next Management Committee Meeting following the receipt thereof.
16. EXPULSION OF MEMBERS
It shall be the duty of the Management Committee if at any time they shall be of the opinion that the interests of the club so require, by letter to invite any Member to resign their Membership within a time specified in such a letter and in default of such resignation to submit the question of their expulsion to a special General Meeting to be held within six weeks after the date of such letter. Not less than four weeks notice of the meeting shall be given to the Members. It shall be the duty of the Secretary to inform the Member in question of the time and place of the Meeting and of the complaints against them in sufficient time to afford them a proper opportunity of offering their explanation. At such meeting the Member shall be allowed to offer any explanation of their conduct either verbally or in writing and if thereupon two thirds of the Members present shall vote for their expulsion they shall forthwith cease to be a Member of the Club. Provided that the voting at any such Special General Meeting shall be by ballot if not less than Members present thereat shall demand. It shall be in the power of the Management Committee to exclude such a Member from the Pavilion until such a Special General Meeting has been held.
17. EFFECT OF CEASING TO BE A MEMBER
Any person shall, upon ceasing to be a Member of the Club, forfeit all right to and claim upon the Club and its property and funds.
18. MEMBERS ADDRESSES
Every Member of the Club shall from time to time communicate to the Secretary their address and all notices posted to such address shall be considered as being duly given on the day following the date of posting.
19. CLUB NOT TO BE USED FOR BUSINESS
No Member shall give the address of the Club in any advertisement, or use the Club address for business purposes.
20. MEETINGS OF MANAGEMENT COMMITTEE & APPOINTMENT OF SUB - COMMITTEES
The Management Committee will meet on at least 6 occasions, (November, January, March, May, July & September) to examine the accounts & to arrange the affairs of the Club. Minutes shall be taken of all proceedings of the Management Committee and shall be open to inspection of any member of the club on application to the Secretary.
Sub-committees will be elected by the Management Committee (see Appendix A for their composition and remit) at the first meeting after the Annual General Meeting. All sub-committees will report their proceedings to the Management Committee and shall conduct their business in accordance with the directions of the Management Committee. Any member of the Management Committee failing to attend on three consecutive occasions will be deemed to have resigned unless the Management committee accept there is a good reason for non-attendance.
21. ANNUAL GENERAL MEETING
The Annual General Meeting of the Club will be held in the month of October in each year upon a date and time to be fixed by the Management Committee for the following purposes:-
Confirm the minutes of the previous Annual General Meeting and any General Meetings held since the last Annual General Meeting
Receive the audited accounts for the year from the Treasurer
Receive the annual report of the Committee from the Secretary
Elect an auditor
Elect the Officers of the Club (i.e. President; Vice Presidents, Chair, Captains etc.)
Review club subscription rates and agree them for the forthcoming year
Transact such other business received in writing by the Secretary from members received not less
than fourteen days before the meeting
22 SPECIAL GENERAL MEETING
The Management Committee may at anytime for any special purpose call a Special General Meeting and shall do so as soon as practicable upon the requisition in writing of five Members stating the purpose for which the Meeting is required. At least 21 days notice of the meeting shall be given.
23 CONVENING A GENERAL MEETING
Fourteen days prior to the Annual General Meeting or any Special Genera Meeting a notice of such Meeting and the business to be conducted there shall be displayed in the club pavilion and a copy thereof to be sent to every Member.
24 PROCEEDINGS AT GENERAL MEETINGS
At all General Meetings of the Club the President, or in his absence a Member selected by the Management Committee, shall take the chair. Every eligible Member present shall be entitled to vote upon every motion and in a case of an equal vote the Chairman will be entitled to a casting vote. The Management Committee shall be empowered if they think fit to make regulations for enabling Members unable to be present to vote by proxy or in writing.
25 GENERAL MEETING - QUORUM
The quorum at all General Meetings shall be not less than 25% of the paid - up Members entitled to vote under the rules.
26 AMENDMENTS
No amendment (other than a motion of adjournment) shall be moved to any resolution proposed at any General Meeting unless written notice thereof shall have been sent to the Secretary not less than seven days previous to the Meeting. Whenever such notice shall be given the same shall be posted forthwith in the Club Pavilion.
27. THE BAR COMMITTEE
(a) The purchase and supply of alcohol by and for the club is managed by the bar committee.
(b) All members of the bar committee must be aged over 18 years.
(c) The Bar Committee will consist of Bar Steward, Bar Treasurer, Captains(5) Youth Officers (2) plus two other Members.
(d) A Chairman for the Bar Committee meetings will be elected annually by the Bar Committee Members at their first Meeting.
(e) The Bar Committee is responsible to the Management Committee of the Club for all aspects of the Pavilions including the Bars.
(f) The Bar Committee will ensure that all rules and conditions required by the Licensing Authority are strictly adhered to.
(g) The Bar Committee may co-opt maximum of two Members for a valid and stated reason.
(h) A quorum for the Bar Committee will be Six Members
28 OPENING OF CLUB PREMISES
The opening of the Club shall be at the discretion of the Management Committee.
29 LICENSING ACT 2003, QUALIFYING CLUB ACTIVITIES
Qualifying Club Activities are:-
1 Supply of alcohol by or on behalf of the club to, or on the order of, a member of the club.
a. For consumption on the premises
b. Supply of alcohol for consumption off the premises may only be made at a time when the premises are open for the purpose of supplying alcohol, in accordance with the club premises certificate, to members of the club for consumption off the premises.
c. Any alcohol supplied for consumption off the premises must be in a sealed container.
d. Any supply of alcohol for consumption off the premises must be made to a member of the club in person.
2 The sale by retail by or on behalf of the club to a guest of a member of the Club, for consumption on the premises where the sale takes place.
The times the certificate authorises the carrying out of the club activities:-
Monday to Saturday 10.00am to 23.00pm
Sunday & Good Friday 12.00 noon to 22.30pm
Christmas Day 12.00 noon to 14.00pm & 19.00pm to 22.30pm
New Years Day From the end of permitted hours to the start of permitted
hours of the following day.
30 THE BAR
Within the context of this rule ‘adult’ means a person over the age of 18
Persons entitled to purchase and consume intoxicating liquor in the Club shall be: -
a) Adult Members and Associate members of the Club who are entitled to use the Club Facilities
b) Adult guests who have been invited to use the Club Facilities as indicated by
Rule 36
31 YOUNG PERSONS
There shall be no sale or supply of intoxicating liquor to any persons under the age of eighteen years admitted to the Club premises. Neither shall such person be allowed to consume intoxicating liquor on the Club premises. A person who has not attained the age of 18 years may purchase from the bar soft drinks, food, crisps and sweets etc.
32 MEMBERS GUESTS
A Guest is a person who has been invited by the club or by a member of the Club or by an Associate Member of the Club to use the Club Facilities.
A member shall be entitled to introduce guests to the Club, provided that no person whose application for membership has been rejected or who has been suspended or expelled from the Club shall be introduced as a guest. A member shall not introduce more than eight guests on any one occasion. The member introducing the guest shall be responsible for the good conduct and observation of the rules of the Club by such guest. The Club Secretary or any officer of the Club shall have discretion at all times to refuse admission to members guests.
33. SALES IN ACCORDANCE WITH THE LICENSING ACT 2003 COVERING TEMPORARY ACTIVITIES
In accordance with the Act, temporary events allowing the sale of alcohol and public entertainment will be permitted subject to the following conditions:
(a) An event organiser must be appointed for each event and will be known as the "Premises User" who will submit, at least 30 days before the event, a "Temporary Event Notice" (TEN) in duplicate to the Licensing Authority together with the appropriate fee - also a copy to be submitted to the Police Authority.
(b) Anyone aged 18 or over can be appointed "Premises User" and is allowed to submit a maximum of five TENs per year.
(c) The "Premises User" will be responsible for the supply and sales of alcohol.
(d) Any event covered by a TEN can last up to 96 hours and not more than 499 people may be involved on the premises at any one time.
(e) no more than twelve TENs can be submitted in respect of any particular premises in any given year, subject to a maximum aggregate duration of 15 days for the periods covered by the TENs at that individual premises in that given year.
34. PRIVATE BENEFIT NOT TO ACCRUE ON PURCHASE ETC. OF LIQUOR
No person at anytime be entitled to receive at the expense of the Club (or of any Member thereof) 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 of intoxicating liquor by or on behalf of the Club to Members or guests apart from any benefit occurring to the Club as a whole a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.
35 AUTHORITY TO MAKE COMMITTMENTS
No member shall have the authority to sign contracts or make financial commitments on behalf of the Club without the agreement of the full committee or a quorum of at least five members of the committee including the Chairman and Treasurer.
36. INTERPRETATION OF RULES
The Management Committee shall be the sole authority within the Club for the interpretation of these rules and of the byelaws and regulations made from time to time by the Management Committee and the decision of the Management Committee upon any question of interpretation or upon any matter affecting the Club and not provided for by these rules or by the regulations shall be final and binding on the Members.
37. AMENDMENT TO THE CONSTITUTION
Any proposed alterations to the club Constitution may only be considered at an Annual or Special General Meeting, convened with the required written notice of the proposal. Any alteration or amendment must be proposed by a Full Member of the club and seconded by another Full Member. Such alterations shall be passed if supported by not less than two-thirds of those Full Voting Members present at the meeting, assuming that a quorum has been achieved.
38 DISSOLUTION OF THE CLUB
If at any General Meeting of the club, a resolution be passed calling for the dissolution of the club, the Secretary shall immediately convene a Special General Meeting of the club to be held not less than one month thereafter to discuss and vote on the resolution.
If at that Special Meeting, the resolution is carried by at least two-thirds of the Full Voting Membership present at the meeting, the Committee shall thereupon, or at such date as shall have been specified in the resolution, proceed to realise the assets of the club and discharge all debts and liabilities of the club.
The Committee will then be responsible for the orderly winding up of the club’s affairs.
After settling all liabilities of the club, the Committee shall dispose of the net assets remaining to shall pass on any balances to Cricket Erewash for the benefit of both senior and junior cricket in the Long Eaton area
39 DISCIPLINE
(a) It will be a disciplinary offence for any player in the course of, or in connection with, a cricket match to misconduct themselves, or to act at any time in a manner likely to prejudice the good name or interests of the Club.
(b) For-the purposes of these rules, the expression “The Player” will throughout these rules be deemed to mean and include not only any player, but also any member or official of the Club, or if appropriate any other person involved in any incident of possible misconduct occurring on the field of play, or on the premises of the Club as may be appropriate in the particular circumstances.
(c) All complaints regarding the behaviour of members should be lodged in writing with the Secretary. The Club may of its own volition and without any need for the receipt of a written complaint or any other prompting will. Where any possible case of misconduct occurs as stated above, or otherwise as the Club may think fit, forthwith appoint a Disciplinary sub-committee who will meet to hear complaints within 10 days of a complaint being lodged. Any member requested to attend a Disciplinary sub-committee shall be entitled to be accompanied by a friend or other representative and to call witnesses. The Disciplinary sub-committee has the power to take appropriate disciplinary action, including the termination of membership.
The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the member against whom the complaint was made within 7 days following the hearing.
(d) If at that the hearing, the Disciplinary sub-committee finds that misconduct has been proved, the Club will have the following powers:
(1) If the conduct constitutes gross misconduct, the Club will have the power to terminate the player’s membership of the Club forthwith.
(2) To suspend the players membership of the Club for a period.
(3) To suspend the players right to be considered for selection by the Club to play in one or more matches.
(4) To impose a fine of not more than £5.
(5) To record a reprimand, and to give a warning as to future conduct in the case of a first offence, save that the Club, for the same offence, may, if it is thought fit, impose more than one of the above penalties.
(e) There shall be a right of appeal to the Committee against either the finding or the sanction imposed or both following disciplinary action being taken. The Committee shall appoint an Appeals Committee (a maximum of three people) which shall not include members involved with the initial disciplinary hearing but may include non members of the club. The Appeals Committee shall consider the appeal within 10 days of the Secretary receiving the appeal. The individual submitting the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses. The decision of the Appeals Committee shall be final and binding on all parties.
40 CODE OF CONDUCT
Players, Officials, Members and Supporters must adhere to the Club Code of Conduct which prohibits racially abusive comments and actions against fellow players, Officials, Members and Supporters. Failure to comply with this will result in disciplinary action being taken against the offender(s) as specified in either the Club or League Constitution.
41 NO SMOKING
POLICY
The Club has adopted a ‘No Smoking’ Policy throughout both pavilions
SIGNED (CLUB CHAIRMAN)
NAME DATE
SIGNED (CLUB SECRETARY)
NAME DATE