Club Constitution
Name
1. The Club shall be called Lochgelly Golf Club (referred to herein as “The Club”), and shall be a non-profit making body dedicated to the supply of sporting services and particular to the provision of golfing facilitated. The objective of the club is to provide facilities for and promote participation of the whole community in the sport of Golf. All surplus income or profits are re-invested in the Club. No surpluses or assets will be distributed to members or third parties.
Officials
2. The affairs of the Club shall be under the management of a President, Vice- President, Captain, Vice-Captain, Treasurer, Secretary and a minimum of (3) council members who shall be elected at the Annual General Meeting (AGM) of the Club. Retiring Officials and Members of the council are eligible for re-election. The council may fill any vacancies occurring between AGM. Any Council member who misses 3 consecutive council meeting will be deemed to have resigned from the council.
Entry Money and Annual Subscriptions
3. The Annual Subscription to the club shall be decided at the AGM of club.
4. Any entrance fee required to join the club shall be decided at the AGM.
5. The Annual subscription becomes due on or before March 1 st each year. Fee’s must be paid or fixed payment plan agreed by this date.
6. Any member wishing to resign his membership of the club must give notice to the Secretary in writing (including digital communication) on or before 1st February. Failure to do so may render the member liable for their subscription for the ensuing year. The Club can consider no resignation unless all monies due by the member are paid to the club.
Penalty for Non-Payment
7. Any member failing to meet their payment obligations after it has become due shall be advised of their arrears, and if fourteen (14) days thereafter remains unpaid the Club reserves the right to remove BRS access and display members names in the clubhouse not withstanding retain the right to commence legal action to recover the arrears. Re-admission to the club on payment of monies due will be at the discretion of the council.
Membership Promotions and Re-admission
8. It shall be at the discretion of the council to admit New membership applicants who have taken up residence in the town who have not previously been members at a sum less than the annual subscription plus entry fee if applicable. This may include for periods longer than the current season.
9. Any previous member who has resigned in the proper manner and has been away from the club for a minimum of three (3) years will be deemed to be “New”.
Expulsion of Members
10. It shall be competent for the council to expel any member who may have rendered themselves obnoxious to the members or acted contrary to the Rules and Bye-laws of the Club, provided that notice has been given that the conduct of such member will be taken into consideration.
Dissolution
11. Upon dissolution of the Club, subject to the fulfillment of contractual obligations relating to unspent grants or loans any remaining assets shall be given or transferred to another registered CASC, registered charity or the sports governing body.
Meetings
12. The Council shall hold a meeting for the transaction of the business of the club once per month or as required. Five (5) members shall constitute a quorum.
13. The Club shall have full power and authority, in all questions between it and any of its members, to sue and be sued in the name of the President thereof for the time being; and no member of the Club shall, in any action or suit raised against them by the Club be entitled to impugn such instance: and any person becoming a member of the Club shall be held to have agreed to this rule, and to have waived to any objection competent to them, or to the sufficiency of any instance. Without prejudice to the general powers vested in the council by Rule 2 they shall have full power and authority and hereby authorised to institute and follow out legal proceedings at the instance and in the name of the club against third parties as they think fit. The Council shall have full power to borrow or raise and secure payment of money in any way and in particular by Standard Security or Assignation charge upon all or any of the Clubs property and to purchase redeem or pay off any such securities.
14. The Club, by a majority of votes shall have the power at a Special Meeting called for the purpose; to assess the whole members for payment of such sum equally as may be considered necessary for liquidating the obligation of the Club, or any part thereof. Notice of such Special Meeting containing the terms of the resolution to be moved thereat shall be communicated in the Clubs usual manner email (it therefore each members responsibility to ensure correct email address communicated to the club) fourteen (14) days prior to such meeting Any Member failing to make payment of their share of the sum resolved to assessed upon the members within fourteen (14) days from the date of such special meeting upon written notice from the Secretary shall (in addition their liability to have sum so assessed recovered from them), at the discretion of Council who’s judgment shall be final, be also liable to have name struck from the Role of Members.
Annual General Meeting
15. The AGM of the club shall be held as close to the end of the calendar year as the completion of accounts allow. Notice of motion, shall be emailed to all Members by the Club Secretary at least fourteen (14) days before the meeting. End of the financial year shall be 31 st October.
Special General Meeting
16. Special General Meeting of the Club may be called at any time by the council or upon requisition of not fewer than twenty (20) members of the club. Such requisition shall be addressed to the Secretary, and shall specify the resolutions to be submitted to the Special General Meeting of which fourteen (14) days notice shall be given.
Alteration to the Rules
17. (a) No alteration to these rules except where required by a change to the Licensing Laws, shall be made without the sanction of the AGM or Special General Meeting convened for the purpose and no such alteration shall be valid unless supported by a two-thirds (2/3) majority of those members present at the meeting. Any amendments must be notified to the Clerk of the County Sheriff Court, the Chief Constable and the Area Council.
(b) In regard to any matter not covered by these Rules the Council shall have the powers to make regulations as may be deemed necessary.
(c) Questions on the interpretation of these rules will be decided by the council.
Secretary
18. The Secretary shall convene and attend all business meetings of the Club and the Council: as instructed by an Authorised person. In matters of controversy involving the Club, no statements will be regarded as official unless issued or signed by an Office Bearer. No statement will be issued unless the officials of the Club have approved it at a Council meeting. The Secretary will be required to retain a copy of any such statement duly signed by the officials of the Club.
Treasurer
19. The Treasurer shall receive and disburse all monies due to and by the Club, shall collect the Entry Money, where applicable and Subscriptions, and any other fees that may be due by members. The Treasurer shall keep accurate accounts of their intermissions with a full complete statement thereof duly audited for presentation at the AGM of the members. The Treasurers accounts and books shall be examined and certified by the auditor, who shall be appointed for the purpose. All monies collected by the Treasurer shall be paid into the bank in the name of the Club.
Captain
20. The Captain shall decide in all disputed points of play, according to the Rules of Golf as approved by the R&A of St Andrews, modified by Local Rules.
Complaints
21. All complaints must be made through digital communication (email) to the Secretary for submission to the Council. The Council may request the writer of any complaints to attend the Council or any other meeting at which the complaint is being discussed.
22. Any Member requested to appear before the Council who fails to appear without genuine reason will be suspended forthwith until such appearance takes place.
Membership
23. Membership of the Club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, gender, religion or beliefs or disability as a necessary consequence of the requirements of the Club.
24. Temporary Membership may be granted without fee to the following provided that they have applied for and have been granted the courtesy of the Club by the Council.
(a) Members of Golf Clubs or other persons invited to the Club by the Council to a Club match or competition.
(b) Members of Golf Clubs of bonafide organisations who have been granted the courtesy of the Club to facilitate them play over the Golf Course.
(c) Clients of the Clubs Franchisee.
Temporary Membership allows use of the Clubhouse facilities. The Council may revoke at temporary Membership anytime
25. Applications for Membership are available form the Pro Shop or Council Members. Membership details must be completed, with email address being a critical feature as this is the communication medium utilised by the Club to ensure uniform messaging across our membership. Completed forms along with payment method should be submitted to the Pro shop.
26. The Club may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club into disrepute. Appeal against such a decision may be made to the Clubs Council and decided by a majority vote.
Guests
27. Members Guests are welcome, with the following exceptions
(a) Former members who have forfeited membership by reason of non- payment of subscriptions and who have not resigned from the Club in writing.
(b) Members who have been expelled.
(c) Person who has been refused membership.
Sale of Excisable Liquor
28. No member of the Committee or other governing body and no person employed by the club is to have any personal interest in the sale of alcohol on the club premises or in the profits arising from such sale. Other than when occasional licence has effect, no person is to be supplied with alcohol on club premises unless that person is:
(i) Member or Temporary Member of the Club.
(ii) A member of another club which meets the requirements of Section 125 (1) of Licensing Scotland Act 2005 No excisable liquor shall be sold or supplied for consumption off the Club premises except to a member of the Club for consumption by them, or a person holding a certificate or wholesaler excise licence for the sale of such liquor.
The current Licensing Acts shall apply in respect of sale of excisable liquor.
The hours during which excisable liquor may be supplied to a member shall be stated in the schedule to these rules.
No excisable Liquor sold or supplied to any person under eighteen (18)
Ethics
29. No office bearer or Council member shall rent or lease land to the Club No office bearer or Council member shall be a relative or business partner, or person acting under the direction of any person leasing or renting land to the club
No office bearer or Council member shall be a relative or business partner, or person acting under the direction of anyone associated with the club who received emoluments based on the turnover of any aspect of Club activity.
Same as provided above office bearers or Council members may have a personal interest, direct or indirect, in any contract arrangement or transaction entered into by or on behalf of the Club, provided such office bearer or Council members disclose or divulge in writing the full nature of the interest.
Schedule
30. The hours, during which excisable liquor may be sold, supplied, consumed in or taken from the Club shall be those permitted under the Licensing (Scotland) Act or other legislation currently applicable to registered Clubs in Scotland.
Repairs, Maintenance and Equipment
31. Where any contract work for repair, maintenance or renewal of the Club premises, course or any work ancillary thereto are proposed two (2) quotations. Must be obtained giving details of all proposed contracts and agreements including specifications of all plant and equipment supplied.
The Club must have at least 25 members to be properly constituted.