Llyn Brenig Sailing Club

Welcome to the section on the Club's Constitution. If you wish to see a Summary of the clubs Rules, click here

This Constitution was updated during 2001 and accepted at the annual General meeting held in December 2001.

CONSTITUTION RULES
and
SUMMARY OF LEASE

Approved by the Annual General Meeting
November 2000

Contents:
Constitution
1. Name
2. Affiliation
3. Aims and Objectives
4. Safety
5. Membership
6. Membership Fees
7. Trustees
8. Officers
9. Committees
10. Finance
11. Annual General Meeting and Other Meetings
12. Voting Procedures
13. Property and Staff
14. Discipline and Appeals
15. Dissolution Procedures
16. Review of the Constitution
17. Supply of Intoxicating Liquor
18. Miscellaneous
19. Club Rules
20. Summary of Conditions of Lease

Constitution
1. Name
The Club shall be called Clwb Hwylio Llyn Brenig Sailing Club, hereinafter called the Club.

2. Affiliation
The Club shall be affiliated to the Royal Yachting Association and the Welsh Yachting Association.

3. Aims and Objectives
i. The objectives of the Club shall be to promote and further the interests of sailing offering training and competitive opportunities for sailing and also to provide social and other facilities for members as may be from time to time determined.
ii. The aims and objectives of the Club should be consistent with the furthering of equal opportunities for all groups in that sport.

4. Safety
i. The Committee shall agree and publicise a Safety Guide
ii. Members shall be responsible for their own safety, and for that of children or guests whom they bring to the Club, and shall note the requirements of the Safety Guide.

5. Membership
i. The Club shall consist of members, Trustees and Officers. Trustees and Officers must also be members.
ii. Membership of the Club shall be open, and not unreasonably restricted on the grounds of sex or race or of political, religious or other opinions, to any person who is prepared to accept and support the objectives of the Club and to comply with the constitution and rules and with responsibilities and duties as decided by the committee.
iii. There shall be the following categories of members:
a. Family members, which will include a member and partner and all children under 18 years of age or in full time education irrespective of age;
b. Single members which shall include non-sailing members;
c. Junior or student members which shall include any person who is under the age of 18 years of age or in full time education, irrespective of age;
d. Group members with a named person responsible for the group, under such rules and conditions as may be specially arranged by the Club Committee;
e. Honorary member. On the recommendation of the Committee, a general meeting may elect an honorary member but the total number of honorary members shall not, at any one time, exceed five per cent of the total number of all members;
f. Temporary members joining for the day.
g. On the recommendation of the Committee additional categories of members may be determined.
iv. An application for full membership shall be in such form as the Committee may prescribe and shall contain the name and address of the candidate with any other particulars that the Committee shall require.
v. Temporary membership may be obtained by a written application, on the form provided, to a Committee member of the Club or to the Officer of the Day;
vi. Group membership may be obtained by application to the Club Committee
vii. Junior members shall not have the right to vote at General meetings, but are entitled to elect from amongst themselves two representatives who shall have the right to vote as full members on the Committee of the Club.
viii. When on Club premises, Junior members aged 16 years and below must be supervised by a parent or a guardian or other adult aged 18 years or over.

6. Membership subscription and boat permit fees
i. Membership fees and boat permit fees shall be stipulated by the Annual General Meeting for Family, Single, Junior, Group and Temporary One Day members. Such stipulation will become effective for the following year.
ii. Annual membership fees and boat permit fees fall due on 1st January each year and are payable to "Clwb Hwylio Llyn Brenig Sailing Club". A new member joining after the first day of September shall be required to pay an annual subscription and boat permit fees at the current rate but that subscription and boat permit fees will cover the member's fees for the following year irrespective of any subsequent increase in rates.
iii. Anyone who fails to pay his or her subscription by January 31st shall cease to be a member.
iv. The Commodore may, in exceptional circumstances and at his/her sole discretion, reduce or waive the subscription of unwaged members.
v. If parking or mooring their boat at the Club, members shall also pay an annual boat permit fee for the sailing season. Members shall be responsible for laying and maintaining their own moorings
vi. All boats must be removed from the Club site by the last day of the season.

7. Trustees
i. There shall be at least four Trustees of the Club who shall be appointed from time to time as necessary by the Committee from among family, single or honorary members who are willing to be so appointed. A Trustee shall hold office until s/he reaches the age of 60 or until s/he shall resign, by notice in writing to the Committee, or until a resolution removing the trustee from office shall be passed at a meeting of the Committee by a majority of two thirds of the members present.

8. Officers
i. The officers of the Club shall be Commodore, Vice Commodore, Rear Commodore, Sailing Captain, Treasurer and Secretary.
ii. The Commodore shall hold office for two years. The other officers shall hold office for three years. With the exception of the Commodore, all officers shall be eligible for re-election
iii. The Committee may fill any casual vacancy until the next AGM.

9. Committees
i. The management of the Club shall be vested in the Club Committee hereinafter called the Committee.
ii. The Committee shall act for the members. Liabilities properly incurred by Committee members shall fall upon the members of the Club provided the Committee members act in accordance with the constitution, in honesty and good faith. The limit of a member's liability in this respect shall be a sum equal to one year's subscription unless the Committee has been authorised otherwise by a meeting under section ten.
iii. The Committee shall comprise the six Officers designated above, and not more than fourteen ordinary members to include two representing Junior members and one representing disabled sailors.
iv. Committee members, other than the officers, shall hold office for a period of two years and shall be eligible for re-election.
v. No candidate for election to any office shall be proposed unless the name of such candidate and his/her proposer and seconder has been notified to the Secretary fourteen days prior to the Annual General Meeting.
vi. Nominations can only be accepted from persons eligible to vote at the AGM.
vii. If a casual vacancy occurs by death or resignation, the Committee may co-opt a member to fill the vacancy.
viii. If the number of candidates duly proposed and seconded exceeds the number of vacancies to be filled, the election shall be by ballot.
ix. The Secretary shall convene meetings of the Committee.
x. The Committee shall meet at least four times per year.
xi. The quorum necessary for the transaction of business at Committee meetings shall be two Officers and four other members present and eligible to vote. When only the minimum quorum of six is present, only the items of the original agenda shall be discussed; no items under AOB shall be discussed.
xii. Every question at a meeting of the Committee shall be determined by a majority of the vote of the members present and voting, every member having one vote. In the event of an equality of votes, the Chair of the meeting shall have a casting vote.
xiii. The interpretation of the Club constitution and rules shall be vested in the Committee who shall decide all questions relating to the Club, save those specified in or involving an amendment to the constitution, or involving the level of annual subscriptions and boat permit fees (sections 6i.and 16).
xiv. The Committee shall be responsible for considering any application for membership and shall decide if this application should be accepted. This decision shall be in accordance with a non-discriminatory policy specified in 5.vi.
xv. The Committee may employ professional officers at its discretion.
xvi. The Committee shall be directly responsible for policy, club development, financial control, legal issues and safety. Other matters may be delegated by the Committee to sub-committees as defined in xvii below. The terms of reference of the sub-committees shall be set by the Committee.
xvii. The Committee shall create the following sub-committees, to which any member of the Club may be co-opted, with responsibilities and budgets defined by the Committee: a. the Sailing Sub-committee, chaired by the Sailing Captain, dealing with the sailing programme, special events, training, club boats and racing equipment; b. the House Sub-committee, chaired by the Vice Commodore, dealing with buildings maintenance, grounds maintenance, catering and the dinghy park; c. the General Sub-committee, chaired by the Rear Commodore, dealing with fund raising, publicity, membership, duty rota and social events.
xviii. The Committee may create further standing or ad hoc sub-committees if required.
xix. The Committee shall set up and define the rules of procedure of a Disciplinary Committee and an Appeals Committee, each consisting of five members of the Committee without common membership and not including the Commodore.

10. Finance:
i. All monies raised by, or on behalf of, the Club shall be applied to further the objects of the Club and for no other purpose.
ii. The Club Treasurer is responsible for the finances of the Club and shall keep proper accounts of all sums of money received and paid by the Club.
iii. The financial year of the Club ends on 31st August.
iv. An audited statement of accounts, up to and including this date shall be presented at the Annual General Meeting of the Club. Copies of the audited accounts shall be displayed on the Club notice board at least 14 days prior to the Annual General Meeting.
v. The funds of the Club shall be lodged at a bank or Building Society approved by the Committee in an account in the name of the Club, and all cheques, drafts etc drawn on these accounts shall be signed by the Treasurer or the Commodore. No Officer shall sign a blank cheque drawn upon the Club account.

11. Annual General Meeting (AGM) and Other Meetings
i. The Annual General Meeting of the Club shall be held every year during the month of November on a date fixed by the Committee when the annual report of the Committee and the audited statement of accounts up to the end of the financial year shall be presented.
ii. Not less than fourteen days notice of the date and of the agenda of the AGM shall be given to all members by the Secretary.
iii. No business except reporting by the Officers, the passing of the accounts and the election of Officers, Committee, Trustees and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such a meeting
iv. The AGM shall elect such officers of the Club as it may from time to time determine.
v. The Committee shall have the power to call an Extraordinary General Meeting (EGM) by decision of a simple majority of its members.
vi. An EGM shall be called by an application in writing to the Secretary signed by not less than ten members.
vii. The quorum for general meetings shall be 25% of the voting membership.
viii. The dates of Committee meetings shall be determined at the previous meeting. In addition the Commodore may, through the Secretary, call a meeting when s/he considers it necessary or desirable, or upon written request of at least four members of the Committee.

12. Voting Procedures
i. Family members and partners, Honorary members, Single members, Student members over the age of 18, and Group members shall each have one vote; Junior members shall not be entitled to vote but shall be entitled to attend a general meeting.
ii. Those entitled to vote at a General meeting of the Club shall vote by a show of hands.
iii. A motion shall be carried by a simple majority of those present and voting, except:
a. When the motion is a constitutional amendment, which shall require a two-thirds majority.
b. When the motion is related to dissolution as detailed under section 15.
iv. The Chair shall have a casting vote in addition to a deliberative vote.

13. Property and Staff
i. All property of the Club, including land and investments shall be held by the Trustees for the time being in their own names so far as is necessary and practicable, on trust for the use and benefit of the Club. On death, resignation or removal from office of a Trustee, the Committee shall appoint a new Trustee and 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 such appointments.
ii. 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 Committee and shall have 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 Committee's directions but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
iii. The Trustees shall be indemnified by the Committee 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 legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.
iv. Responsibility for all property owned or leased by the Club and for the employment of paid staff and volunteers rests with the Committee.
v. Responsibility for property brought to the Club premises by a member is the responsibility of the individual member.

14. Discipline and Appeals
i. In accepting membership, a person implicitly undertakes to comply with the constitution, rules of the Club, Conditions of the Lease with Hamdden Limited and the rulings of the Club Committee.
ii. Any complaint against a member shall be brought to the attention of the Commodore who shall have the power to take such complaints to the Disciplinary Committee. The Disciplinary Committee shall have the authority to terminate the membership of any member guilty of conduct deemed to be to the detriment of the Club.
iii. There shall be the right of appeal to the Appeals Committee, whose decision shall be final.
iv. The appeal should normally be considered within 21 days of it being received by the secretary.

15. Dissolution Procedures
i. The Club may be wound up on a resolution of the members, passed by a two thirds majority at an EGM convened for that purpose upon the request of 10% of the members of the Club. At least fourteen days notice of the meeting shall have been sent to all members of the Club.
ii. In the event of the passing of the resolution to wind up the Club, the members of the Club shall appoint a representative committee which shall be empowered to:
a. firstly, discharge of all debts and liabilities;
b. secondly, distribute the assets, including cash and investments to Clubs having similar objectives as their own.
iii. No member shall obtain any asset from the Club except at open market prices.

16. Review of the Constitution
i. This constitution shall be reviewed on a five-yearly basis.
ii. Amendment to the constitution shall be consistent with the terms of the Lease.
iii. Amendment to the constitution shall only be agreed at an AGM or EGM.
iv. Motions to amend the constitution may be proposed by the Committee or by five or more members of the Club and shall be submitted in writing to the Secretary not less than twenty eight days before the date of the A/EGM and shall be posted on the Club notice board by the Secretary not less than twenty one days before the A/EGM.
v. Any amendments to the proposed motion to amend the constitution, proposed and seconded by two Club members, shall be submitted in writing to the Secretary not later than twenty-one days before the said meeting.
vi. In event of a proposal for amending the constitution being submitted, the Secretary shall inform the membership of the proposed motion not less than fourteen days before the A/EGM.
vii. No resolution involving an amendment to the constitution may be proposed or amended from the floor of a meeting.
viii. In the event of any question or matter arising that is not provided for in the constitution, such question or matter shall be dealt with by the Committee, whose decision shall be final.

17. Supply of Intoxicating Liquor
i. The purchase for the Club and the supply of intoxicating liquor shall exclusively be controlled by a General Meeting or the Committee. Before intoxicating liquor may be sold, the approval of Hamdden Ltd must be obtained.
ii. Intoxicating liquor may only be sold for consumption on the premises of the Club in pursuance of these rules. No junior member may purchase or attempt to purchase intoxicating liquor within the Club premises.

18. Miscellaneous
i. The Club Burgee shall be approved by the Committee.
ii. The Committee may affiliate the Club to any other organisation, as it may deem necessary.
iii. Any member may introduce as his/her guest any person provided that the member, so introducing, enter the name and address of the guest in a register for such purposes and at no time leaves the premises whilst the guest is thereon. No member may introduce more than three guests in any week and nor introduce the same person as a guest more than three times in any season.
iv. Any person who is a competitor or crew member in any race sponsored by or on behalf of the Club is entitled to use the Club premises on the day of the race in which they are competing.

19. Club Rules
The premises are leased from Hamdden Ltd who encourage recreational use of the lake and the estate and has encouraged and supported the club since its founding. It is essential that before using the lake, new members are familiar with the rules and conditions laid down by Hamdden Ltd and the club. These rules are intended to protect the environment and provide for the safety and pleasure of all users of the estate.
i. All boats must be registered with the club by name or number before use on the lake.
ii. All boats must be removed from the site at the end of the sailing season.
iii. Empty trailers must not be left on site.
iv. Only sailing as a sport is permitted. Motor-boating, rowing, canoeing or swimming are not allowed except in emergency or where specifically permitted.
v. Certain areas of the lake are prohibited for sailing. New members must aquaint themselves with these areas before sailing.
vi. Boats may not be beached anywhere on the lakeshore other than in the permitted sailing area, except in an emergency.
vii. Personal buoyancy aids must be worn at all times on the water, whatever type of craft is use, and on the pontoons.
viii. Sailing without proper safety boat cover is not permitted, except where allowed under club rules.
ix. Use of the safety boat must be strictly for Club business. Joy riding is not permitted.
x. Racing is held under I.S.A.F rules. However, the lake is used for tuition and by occasional day sailors who hire boats and members should not assume that other boat users know the rules on the right of way.
xi. Llyn Brenig is a premier fly fishing lake. Every courtesy and consideration should be given to anglers whether fishing from a boat or from the shore.
xii. Fishing by club members from club premises or club boats is not allowed.
xiii. Nothing must be done which could contaminate the water or harm the animal or plant life on or around the lake.
xiv. Boats must be insured with third party liability of not less than £1,000,000.
xv. All boat buoyancy must be in good condition and in accordance with its class regulations.
New members should study the full rules and Constitution as soon as possible.

20. Summary of Conditions of Lease
i. One of the conditions of the Lease is that a summary should be on display for members to read and observe. These are for guidance only. For precise definition, reference should be made to the Lease document. The Lease requires us to keep the site tidy and has clauses covering pollution of the lake, doing nothing "deleterious to the quality of the water". Hamdden Limited may require us to disinfect the boats if they have cause to believe diseases may be transmitted to the fish stock from elsewhere.
Specific clauses are as follows:
ii. We must not permit the capture, or attempt to capture any fish, either from the shore or any Club boat.
iii. All eggs, nests etc of game birds must be preserved. Shooting or trapping of game birds from our premises or boats is forbidden. Birds and wild fowl must not be unduly disturbed.
iv. Animals are not permitted in our boats on the reservoir.
v. The use of radios, tape recorders etc is not permitted except in the clubhouse.
vi. Overnight sleeping in tents or caravans is not permitted except with the permission of Hamdden Limited.
vii. Only boats registered with the Club may be used. Visitors should register with the club in the separate "B" Register. Special conditions apply to regattas.
viii. No motor boats are permitted except Club safety boats.
ix. Rowing as a sport is not allowed.
x. Sailing without safety boat cover is not permitted unless a minimum of two boats are sailing, each with a competent crew or unless the boat sailing is a keelboat.
xi. Personal buoyancy aids must be worn at all times when on the water.
xii. All dinghies must have inherent buoyancy in accordance with their class regulations and this is to be tested by a deliberate capsize.
xiii. Boats may not be beached on the lakeshore other than in the permitted sailing area, except in an emergency.
xiv. Swimming or paddling is not permitted except to launch or recover boats.
xv. Motor vehicles shall not enter the Boat Park except to unload or deliver boats. Boats and trailers shall be stored in an orderly manner.
xvi. The Club and its members shall abide by the byelaws of Hamdden Limited and the rules of the R.Y.A. applicable to affiliated clubs, and the rules and constitution of the Club.
xvii. Members shall be familiar with and observe the fire regulations.
xviii. Fires shall not be lit without permission of Hamdden Limited.