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Club Constitution

FINCHLEY MANOR TENNIS, SQUASH AND HEALTH CLUB

CLUB CONSTITUTION

First Adopted at the Annual Management Meeting 25th March 1992
Revisions approved at the Annual General Meeting 18th April 2002
Typographical error corrected 20th July 2005
Typographical error corrected 21st January 2009
Revisions approved for CASC application at The Annual General Meeting 23rd April 2009
Revision following requirement imposed by HM Customs and Excise for CASC, approved at The Annual General Meeting 22nd April 2010
Lyndhurst Gardens, Finchley,
London N3 1TD
Tel. 020-8346 1327 or 020-8346 9130
1.

NAME

The Club shall be called 'Finchley Manor Tennis, Squash and Health Club' and shall be a Members Club.
 
2.

DEFINITIONS

  • "the Chair"
  • "the Secretary"
  • "the Treasurer"
These three posts denote that the Members so elected from time to time are the Honorary Officers of the Club in accordance with Rule 4;
  • "The Management Committee"
Denotes the Committee elected pursuant to Rules 4 and 5 to manage the Club;
  • "the Members"
Denotes the Members of the club admitted from time to time to membership of the Club in accordance with Rule 8;
  • "the President"
Denotes the person granted special Honorary Membership status from time to time by the Management Committee, as allowed for in Rule 8.
3.

OBJECTIVES

3.1. The objectives of the Club are to provide sports and other social activities for its Members in particular to encourage and facilitate the playing of Tennis and Squash and community participation in the same.’
4.

OFFICERS & MANAGEMENT COMMITTEE

4.1.
The Officers of the Club shall consist of the Chair, the Secretary, the Treasurer and such other Officers as may be provided for from time to time in the Bye-Laws of the Club.
4.2.
The Officers of the Club shall be elected at the Annual General Meeting. Nothing shall prevent any Member of the Club from holding more than one office.
4.3.
The Management Committee shall consist of the Officers of the Club.
4.4.
The Management Committee shall have the power to co-opt any Club Member to participate in meetings as deemed appropriate; however no co-opted member will have voting rights at Management Committee meetings.
4.5.
Nominations as Officers of the Club shall be made to the Secretary at least seven days prior to the Annual General Meeting.
4.6.
The Management Committee shall have power at any time to fill any casual vacancy among the Officers. Any Officer so appointed shall hold office only until the next following Annual General Meeting but shall then be eligible for re-election.
5.

MANAGEMENT

5.1.
The entire control of the Club shall be vested in the Management Committee, four of whom shall form a quorum. Paid employees cannot become full members of the Management Committee (i.e. with voting rights) although any employee may be required to attend Management Committee meetings and or report to the Management Committee.
6.

MEETINGS OF THE MANAGEMENT COMMITTEE

6.1. Meetings of the Management Committee shall be convened from time to time by the Chair, either at his or her own discretion or at the request of four Members of the Committee. There shall not be less than four Management Committee Meetings held between Annual General Meetings.
7.

GENERAL MEETINGS

7.1.
A General Meeting of Members shall be held annually. Each such Annual Meeting shall take place within fifteen months of the last preceding Meeting.
7.2.
An Extraordinary General Meeting of Members shall be summoned by the Chair if so requested at any time by a majority vote at a Management Committee meeting or in writing by fifty Members who are qualified to vote as set out from time to time in the Bye Laws, or one-fifth of the total number of Members qualified to vote (whichever shall be the fewer). Any such requests made by either Members of the Management Committee or by ordinary Members shall set out clearly the reason for the request, any motion or votes to be put to the meeting and to be signed by each Member.
7.3.
At all General Meetings of Members, fifteen Members shall form a quorum; voting shall be confined to Full Members (qualified to vote). At Extraordinary General meetings of the Club, thirty Full Members shall form a quorum.
7.4.
Unless otherwise specifically provided, resolutions shall be passed by a simple majority of those Members present and voting, the Chair of the meeting having a casting vote. The Chair of the meeting must be one of the Officers of the Club.
 
7.5.
The following Clause has been deleted :see byelaws for new rules re voting rights.
Full Members shall be qualified to vote after nine months continuous paid up membership (i.e. all subscriptions and entry fee requirements have been met in full and in accordance with Section Bye Laws).
8.

ELECTION OF MEMBERS

8.1.
The Election of Members shall be vested in the relevant Section Committees and may vary between Sections, however any section Membership must comply with the general requirements of Membership which are listed in the Bye Laws.
8.2.
In addition to membership as permitted in 8.1 the Management Committee have the discretion to appoint Honorary Members. e.g. "Club President", the terms, voting rights, period and title of such appointment will be at the discretion of the Management Committee.
8.3.
Membership of the Club shall be open to anyone interested in the sports 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.
8.4. The Club may have different classes of membership and subscription on a non discriminatory and fair basis.
9.

RESIGNATION OF MEMBERS

9.1.
Any Member may resign his membership by giving to the Honorary Secretary of the appropriate section(s) of the Club notice in writing to that effect.
10.

EXPULSION OF MEMBERS AND REFUSAL OF MEMBERSHIP

10.1.
The relevant Section Committee may refuse membership, or remove it, only for good cause such as conduct or character likely to bring the Club or sport into disrepute.
10.2.
A Member shall not be expelled unless they are given fourteen days' written notice of the meeting of the Section committee at which their expulsion shall be considered and written details of the complaint made against them.
10.3.
The Member shall be given an opportunity to make written representations and/or appear before the relevant Section Committee and any such meeting to answer complaints against them and to cross examine any witnesses and must not be expelled unless at least two thirds of the Section Committee then present vote in favour of their expulsion. Any such expulsion shall be confirmed in writing by the Section Secretary not more than five days after the meeting expelling them was held.
10.4.
The Member expelled shall have leave of appeal to the Management Committee. Any such appeal must be made in writing to the Club Chair within fourteen days of the date of the letter of confirmation of expulsion. The letter of appeal should set out the grounds for the appeal. An appeal hearing shall be set up by the Chair within twenty one days of the date of the appeal letter, unless otherwise agreed with the appellant. The appeal hearing will normally be heard by three Management Committee Members one of whom will chair the appeal hearing; none of whom formed part of the committee dismissing or refusing membership to the person in question, additionally any Officer or Member who represents the section concerned shall not form a part of the Appeal Committee. The Chair of the Appeal Committee shall determine the format of the hearing, but in such a way as to give a fair and balanced hearing and to allow proper representation of both the appellant and the expelling committee.
10.5.
The Section Committee may exclude the Member from the Club's premises until the meeting considering their expulsion or subsequent appeal has been held. For the avoidance of doubt the Member shall be entitled to attend these meetings.
10.6.
Anyone refused membership may have the right of hearing by the relevant Section Committee. Such appeal will be held in accordance with the principles set out in Section 10.3. If the refusal is upheld the appellant shall have a further right of appeal following the principle set out in section 10.4.
11.

EFFECT OF RESIGNATION OR EXPULSION

11.1. Any person ceasing to be a Member forfeits all right to and claim upon the Club, its property and its funds and they have no right to claim for return of any part of their subscription. [The Section or Management Committee may refund an appropriate part of a resigning Member's subscription if it considers it appropriate after taking into account all circumstances].
12.

SUBSCRIPTIONS

12.1.
The subscriptions for membership of the various sections of the Club shall be such as may be decided from time to time by the relevant Section Committee. Such subscriptions will comply with the general provisions as set out in the Bye-Laws. However the Club will keep subscriptions at levels that will not pose a significant obstacle to people participating.
12.2.
Members shall pay any joining fee and annual subscription fees as set out by the relevant Section Committee. A joining fee will normally be charged to new Members, but may be waived at the discretion of the relevant Section Committee.
12.3.
No Candidate who has been elected a Member shall be entitled to the privileges of membership until they have paid the joining fee (if any) and their first annual subscription (or part if appropriate).
12.4.
Any Member who has not paid their annual subscription within two calendar months of the due date shall normally be deemed to have terminated their membership of the Club.
12.5.
A joining fee will normally be required for any ex-member re-joining the Club.
13.

VISITORS

13.1.
Members may bring visitors to the Club and invite them to play, provided that no person whose application for membership has been declined or who has been expelled from the Club shall be introduced as a visitor. The Member introducing the visitor shall, before play is commenced, enter the visitors name and sign his or her own name in a book which shall be kept in the Club Premises.
13.2.
No visitor shall play on more than three days or such other number of occasions as may be specified in the Bye-Laws from time to time in any one season and on no occasion to the exclusion of a Member.
13.3.
Visitors fees shall be such as the relevant Section Committee shall decide from time to time, and shall be payable to any Member of the Section Committee or as they may direct.
13.4.
Matches in connection with Tournaments other than those organised by the Club may only be played on the Club courts with the prior permission of a Member of the relevant Section Committee.
14.

TEMPORARY MEMBERS

14.1. The relevant Section Committee shall be empowered to elect temporary Members of the Club on such terms and conditions and at such subscriptions as they shall in their absolute discretion think fit but no such Member shall be elected or re- elected otherwise than in accordance with the provisions herein before contained as to the election of Members. However no Member elected as a Temporary Member will have any voting rights.
15.

NOTICES

15.1.
No paper, note or placard written or printed shall be exhibited, put in the Premises or in any way brought to the notice of Members without the sanction of a member of the Management Committee. The Club Chair or Club Manager may at their discretion order the removal of any such notice that they consider detrimental to the Club's interests.
16.

PROPERTY OF MEMBERS

16.1.
Members leaving their clothing, equipment or other property upon the Club premises will do so entirely at their own risk in all things and the Club will not be responsible for any loss or damage sustained by their doing so.
17.

HOURS

17.1.
The Club shall be open as set out in the Bye-Laws.
18.

PERMITTED HOURS

18.1.
The permitted hours for the supply of intoxicating liquor shall be in accordance with the licence and as determined by the Bar Committee.
18.2. The Bar Committee may close the bar for any period, which they in their absolute discretion deem expedient or desirable.
19.

BAR COMMITTEE

19.1.
Not more than five Members of the Club shall be elected annually at a Management Meeting of the Club as a Bar Committee and the purchase and supply of all alcoholic refreshment shall be under their control.
20.

COMMISSION, PROPERTY AND FUNDS

20.1.
No one may at any time receive at the expense of the Club [or any Member] any commission, percentage or similar payment on or with reference to purchases of intoxicating liquor or any other goods or services by the Club.
20.2.
No one may directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor or any other goods or services by or on behalf of the Club to Members or guests apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the Club.
20.3.
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 are reinvested in the club.
20.4.
The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, post match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Finance Act 2002.
20.5.
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 (though not for playing) and remunerate them for providing goods and services, on fair terms approved by the Management Committee without the person concerned being present;
(c) pay for reasonable hospitality for visiting teams and guests;
(d) indemnify the Management Committee and other Committees 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)
(e) All The Committees will have due regard to the law on disability discrimination and child protection.
 
21.

SALE OF INTOXICATING LIQUOR TO NON-MEMBERS

21.1.
People, other than Members and their guests, that are permitted to enter the Club premises as part of a function or event organised or approved by the Club, may be admitted to the Club's registered premises, and subject to any conditions attached to the registration certificate for the Club Premises, intoxicating liquor may be sold to those persons by or on behalf of the Club for consumption on the premises and not elsewhere.
21.2.
No person other than a Club Member may be supplied with any alcoholic refreshment except at the invitation and expense of a Member and no person under eighteen years of age shall be supplied.
21.3.
All alcoholic refreshments and all other Bar purchases must be paid for by members at the time of ordering.
22.

GUESTS

22.1. Any Member may introduce guests to the Club, provided that no one whose application for membership has been declined or who has been expelled from the Club may be introduced as a guest.
22.2.
The Member introducing a guest must enter the name and address of the guest together with his own name in a book which must be kept on the Club's premises.
22.3.
No guest may purchase intoxicating liquor in the Club.
23.

VISITING CLUBS

23.1. Members of clubs visiting the Club shall be temporary Members of the Club for the day of their visit.
24.

ACCOUNTS

24.1.
The Treasurer for the time being of the Club shall keep all necessary books of account which shall be made available to any Member of the Club for inspection upon reasonable notice.
24.2.
The accounts of the Club shall be presented at the Annual General Meeting of the Club.
24.3.
Full accounts of the financial affairs of the Club shall be prepared each year. These accounts shall be duly audited by the auditors or independent person.
25.

TRUSTEES

25.1.
There shall not be fewer than two and no more than four Trustees of the Club. The Trustees shall be appointed by the Management Committee and the property of the Club (other than cash which shall be under the control of the Treasurer) shall be vested in them to be dealt with by them as the Management Committee shall from time to time direct by resolution (of which an entry in the Minute Records shall be conclusive evidence).
25.2.
The Trustees shall be indemnified against risk and expense out of the Club property. The Trustees shall hold office until death or resignation or until removed from office by a resolution of the Management Committee who may for any reason which may seem sufficient to a majority of them present and voting at any meeting to remove any trustee or Trustees from the office of Trustee. If by reason of any such death, resignation or removal it shall appear necessary to the Management Committee that a new Trustee or Trustees shall be appointed or if the Management Committee shall deem it expedient to appoint an additional Trustee or additional Trustees, the Management Committee shall by resolution nominate the person or persons to be appointed the new Trustee or Trustees.
25.3.
For the purpose of giving effect to such nomination the Chair is hereby nominated as the person to appoint new Trustees of the Club within the meaning of Section 36 of the Trustee Act 1925 and the Chair shall by deed duly appoint the person or persons so nominated by the Management Committee as the new Trustee or Trustees of the Club and the provisions of the Trustee Act 1925 shall apply to any such appointment. Any statement of fact in any such deed of appointment in favour of a person dealing bona fide and for value with the Club or the Management Committee be conclusive evidence of the fact so stated.
26.

BYE-LAWS

26.1.
The Management Committee shall from time to time make, repeal and amend all such Bye-Laws and regulations (not consistent with these clauses) as they shall think expedient for regulating the conduct and affairs of the Club. All such Bye-Laws and regulations shall be binding upon the Members until repealed by the Management Committee or set aside by a resolution of a General Meeting of the Club.
26.2. A copy of the Constitution and current Bye-Laws shall be made available for Members' perusal at such generally accessible location as shall from time to time be indicated on at least one notice board in the Club Premises.
27.

BORROWING

27.1.
If at any time the Club in General Meeting shall pass a resolution authorising the Management Committee to borrow money, the Management Committee shall thereupon be empowered to borrow for the purposes of the Club such amount of money either at one time or from time to time and at such rate of interest and in such form and manner and upon such security as shall be specified in such resolution and thereupon the Trustees shall at the direction of the Management Committee make all such dispositions of the Club property or any part thereof and enter into such agreements in relation thereto as the Management Committee may deem proper for giving security for such loans and interest. All Members of the Club whether voting on such resolution or not and all persons becoming Members of the Club after the passing of such resolution shall be deemed to have assented to the same as if they had voted in favour of such resolution.
28.

DISSOLUTION

28.1.
In the unlikely event of the Club ever being dissolved, upon such dissolution any monetary proceeds from the sale of all and or any asset would go
(a) to another Club or Clubs, with similar sports purposes which is a registered charity and/or
(b) to another Club or Clubs with similar sports purposes which is a registered CASC.
 
29.

MODIFICATION OF THE CONSTITUTION

29.1. No alteration nor addition to the Constitution shall be made except by resolution carried by a majority of at least two-thirds of the Members present and voting at a General Meeting the Notice of which shall have contained particulars of the proposed alteration or addition. The Secretary shall as soon as possible and in any case within twenty-eight days of the making of any such alteration or addition to the Constitution, give written Notice of such alteration or addition to the Chief Officer of Police and to the clerk of the Local Authority of the district in which the Club is situated.

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Finchley Manor Tennis Squash & Health Club
Lyndhurst Gardens
Finchley
London
N3 1TD

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