Lewdown Cricket Club
Constitution
1. Name
The name of the Club is Lewdown Cricket Club, hereafter to be referred to as "the club" and the club shall be affiliated to the England and Wales Cricket Board through the Devon Cricket Board.
2. Aims and Objectives
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.
To manage the Lewdown Sports Pavilion, bar and cricket club.
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.
To ensure a duty of care to all members of the club by adopting and implementing the ECB ‘Safe Hands – Cricket’s Policy for Safeguarding Children’ and any future versions of the Policy.
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.
To encourage all members to participate fully in the activities of the club.
3. Membership
a) Membership shall be open to the whole community without discrimination.
b) Membership of the club shall consist of;
i. Playing members.
ii. Junior playing members
iii. Social members
iv. Associate members
v. President and Vice- Presidents
vi. Honorary life members
c) To become a member a candidate must complete and submit a membership application form and pay the relevant membership fee, as set at the AGM, to any committee member of the club, which will then be considered by the committee.
d) Persons may not be entitled to membership or to any of the privileges of membership without an interval of at least 2 days between submission of their application and their admission. Nor may persons becoming members without prior nomination or application be admitted to the privileges of membership without an interval of at least 2 days between their becoming members and their admission.
e) The committee shall have the power to refuse or terminate any membership without explanation. Such a decision shall be made by the committee of which a two-thirds majority of the members present shall be necessary.
f) No person who has been refused or had membership terminated shall be allowed on the club premises other than as a member of a visiting club
g) The club shall have a minimum of 25 members at all times
h) A register of all club members names and addresses shall be kept in the clubhouse
i) Social members, vice-presidents and associate members shall have no voting rights at any club AGM or special general meeting
j) Members shall be entitled to introduce guests to the club, but no more than 3 guests on any one occasion and on no more than 6 occasions in any one year. The name and address of every guest shall be entered in the visitor’s book by the introducing member, who shall be responsible for the guest or guests while on the club premises. The visitors book be kept in the clubhouse at all times
k) Members, officials and supporters of any recognised sports club who visit the club for the purpose of taking part in matches shall for the day be regarded as associate members and may purchase intoxicating liquor for consumption on the club premises on the occasion of their visit
l) 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. However, limitation of membership according to available facilities is allowable on a non discriminatory basis.
m) The club may have different classes of membership and subscription on a non discriminatory and fair basis. The club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
n) 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.
A list of members in each category shall be maintained by the Treasurer or other Officer of the club.
4. Officers
The Officers of the club shall be as follows:
Executive Officers
- Chair
- Vice Chair
- Secretary
- Treasurer
- Club Welfare Officer
- Fixture Secretary
- Junior Cricket Managers
- Club Captain
- Club Development Manager
Honorary Officers
5. Election of Officers
All Officers shall be elected at the Annual General Meeting of the club from, and by, the members of the club.
All Officers shall be elected for a period of one year, but shall be eligible for re-election to the same office or to another office the following year.
6. Management Committee
The affairs of the club shall be conducted by a Management Committee (the Committee) comprising the Executive Officers of the club and other members elected from, and by, the Full Members of the club. 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 Committee meetings shall be 3.
The duties of the Committee shall be:
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, Vice Chair, Treasurer and Secretary.
c) To co-opt additional members of the Committee as the Committee feel is necessary. Co-opted members shall not be entitled to a vote on the Committee and shall serve until the end of the next Annual General Meeting.
d) 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.
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.
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:
(a) acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities
(b) provide coaching, training, medical treatment, and related social and other facilities
(c) take out any insurance for club, employees, contractors, players, guests and third parties
(d) raise funds by appeals, subscriptions, loans and charges
(e) borrow money and give security for the same, and open bank accounts
(f) buy, lease or licence property and sell, let or otherwise dispose of the same
(g) make grants and loans and give guarantees and provide other benefits
(h) set aside funds for special purposes or as reserves
(i) invest funds in any lawful manner
(j) employ and engage staff and others and provide services
(k) 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
(l) do all other things reasonably necessary to advance the aims and objectives of the club.
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.
7. General Meetings
The Annual General Meeting of the club shall be held not later than the end of October each year. (21) clear days written notice of the Annual General Meeting shall be given to members by circulating a copy of the notice to every member at their home address and posting the notice on the club notice board. Members must advise the Secretary in writing of any other business to be moved at the Annual General Meeting at least 14 days before a meeting. The Secretary shall circulate or give notice of the agenda for the meeting to members not less than 7 days before the meeting.
The business of the Annual General Meeting shall be to:
a) Confirm the minutes of the previous Annual General Meeting and any General Meetings held since the last Annual General Meeting
b) Receive the audited accounts for the year from the Treasurer
c) Receive the annual report of the Committee from the Secretary
d) Elect an auditor
e) Elect the Officers of the Club (i.e. President; Vice Presidents, Chair etc.)
f) Review club subscription rates and agree them for the forthcoming year
g) Transact such other business received in writing by the Secretary from members 14 days prior to the meeting and included on the agenda.
Nominations of candidates for election of Offices shall be made in writing to the Secretary at least 14 days in advance of the Annual General Meeting date. Nominations can only be made by Full Members and must be seconded by another Full Member.
Special General Meetings may be convened by the Committee or on receipt by the Secretary of a request in writing from not less than 3 Full Members of the club. At least 21 days notice of the meeting shall be given.
At all General Meetings, the Chair will be taken by the Chair or, in their absence, by a deputy appointed by Full Members attending the meeting. Decisions made at a General Meeting shall be by a simple majority vote from those Full Members attending the meeting. In the event of equal votes, the Chair of the meeting shall be entitled to an additional casting vote.
A quorum for a General Meeting shall be 3 Full Members and any other categories of membership entitled to vote (as outlined by the membership section of this Constitution) (usually 25% of the voting membership) and Officers of the Club including at least 1 from the Chair, Secretary and Treasurer.
Each Full Member of the Club shall be entitled to one vote at General Meetings.
8. Alterations 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.
9. Finance
All club monies shall be banked in an account in the name of the club.
The Treasurer shall be responsible for the finances of the club and for providing a report on the financial position as required by the Committee.
The Treasurer shall ensure that the club maintains adequate and appropriate insurance to cover the activities of the club.
The financial year will end on September 30th.
The Treasurer will present an audited statement of annual accounts at the Annual General Meeting.
Any cheques drawn against club funds should hold the signatures of the Treasurer plus up to two Officers.
10. Bar and the sale of Alcohol
The members of the club shall elect a bar committee consisting of no less than 3 nor no more than 5 who are members that have attained the age of 18 years
The bar committee shall manage and control on behalf of the club the purchase, sale and supply of intoxicating liquor and all other matters pertaining to the good management of the bar.
No alcohol shall be supplied to members other than on behalf of the club
There shall be no restrictions regarding the clubs freedom of purchase of intoxicating liquor
Except as provided for in rules 12 & 18, intoxicating liquor shall only be sold for consumption on the club premises to members of the club and their bona fide guests as permitted under rule 11.
The club committee may authorise a member of the club to use the clubs facilities for a personal or family celebration ( i.e., birthday, wedding, etc ) at which alcohol may be sold to persons who are not members of the club, provided that,
a. the names and addresses of the members guests shall be supplied and entered into the visitors book by the start of the function
b. club rules in relation to the sale of alcohol shall be adhered to
c. the club member must be present throughout the function
The hours during which alcohol may be supplied shall from time to time be fixed by the bar committee, such hours shall always be within those that are permitted by law and with due observance of any conditions that may be attached to any licence held by the club. Details of such hours shall be displayed on the club notice board
No person shall be permitted to purchase, be supplied with or consume alcohol on or off the premises whilst under the age of 18
No person shall at any time be entitled to receive at the expense of the club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the club, nor shall any person, directly or indirectly, derive any pecuniary benefit from the supply of alcohol by, or on behalf of, the club to members or guests apart from any benefit accruing to the club as a whole
All surplus income or profits made by the club shall be reinvested to the benefit of the club as a whole. Club accounts shall be made available to members throughout the year and audited accounts shall be handed out to all members present at the AGM. No member, past or present, shall have any claim upon the net assets of the club.
A copy of these rules shall be displayed at all times on the club notice board
11. 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.
(ii) 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
(d) 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).
12. Discipline and Appeals
All complaints regarding the behaviour of members should be lodged in writing with the Secretary.
The Committee shall appoint a Disciplinary sub-committee who will meet to hear complaints within 14 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 Committee (or its 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 14 days following the hearing.
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) 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 14 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.
13. Dissolution
a) 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.
b) If at that Special Meeting, the resolution is carried by at least two-thirds (three quarters) 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.
c) The Committee will then be responsible for the orderly winding up of the club’s affairs.
d) After settling all liabilities of the club, the Committee shall dispose of the net assets remaining to one or more of the following:
e) to another club with similar sports purposes which is a registered charity and/or
f) to another club with similar sports purposes which is a registered Community Amateur Sports Club and/or
g) Be put in trust for the future re-establishment of the club
h) to the club’s governing body for use by them for related community sports.
14. Declaration
Lewdown Cricket Club hereby adopts and accepts this Constitution as a current operating guide regulating the actions of all members.
SIGNED (CLUB CHAIRMAN)
NAME DATE 12th October 2008
SIGNED (CLUB SECRETARY)
NAME DATE 12th October 2008