CONSTITUTION OF STIRLING GOLF CLUB (rev Jan 2017)
NAME AND OBJECTS
The name of the Club shall be STIRLING GOLF CLUB. It shall be a non-profit making body open to all persons and dedicated to the supply of sporting services. The objects of the Club shall be the furtherance and promotion of the Game of Golf, within The Royal Burgh of Stirling, the provision of facilities for playing the game of golf and the provision of suitable clubhouse accommodation for its members and, in pursuance of such objects, the Club shall have the following powers:-
(a) To provide a Golf Course at the King’s Park, Stirling, and to lay out, prepare and maintain such ground for the Game of Golf and to provide the usual facilities for the enjoyment of the Game.
(b) To establish and maintain a Golf and Social Club, and to provide and lay out a golf course, and to adapt, alter, add to, or rebuild or remove any existing buildings for the objects of the Club, and to erect and maintain a suitable Clubhouse, buildings and erections in connection therewith, including, as necessary, golfers’ shelters, and other offices for the use of the members of the Club, and their visitors and guests, and employees, and to furnish and maintain suitably the same, and to permit the same to be used by the members of the Club and visitors and guests, and employees, either gratuitously or on such terms as the Club may fix, and to provide employees as necessary for the Club, and to purchase and sell and deal in all kinds of provisions and refreshments, liquid and solid, and all kinds of apparatus required by persons frequenting the Club’s Course and facilities, and cater for the members of the Club, and to hold competitions, and to give or contribute to the medals or prizes at such competitions, and generally to do whatever the Club may deem best, calculated to promote the interests of the Club.
(c) To acquire by purchase or excambion, lease, hire or otherwise, and to occupy, and use any lands, buildings or other heritable or real rights and property, and also any moveable rights and property, and any rights and privileges which the Club may think necessary or convenient for any of the objects of the Club.
(d) To borrow money, and to give security (over heritable and/or other property of the Club) in support of any such borrowings by the Club, in support of any obligations undertaken by the Club or in support of any guarantee issued by the Club.
(e) To erect, maintain, improve or alter any building or erections, whether of a permanent or temporary nature, for the purposes of or capable of being conveniently used in connection with any of the objects or purposes of the Club, or for the purpose of being let, sold, surrendered, or otherwise disposed of, together with any lands and rights, as the Club may deem fit.
(f) To carry on business as club proprietors, and in that connection to obtain, and maintain, registration, as a registered club under the Licensing (Scotland) Act, 2005, as amended, or as may be amended, or any other Act dealing with Clubs in Scotland, for the sale of alcoholic liquor.
(g) To permit and allow any person or persons, company, society, association, or other body to use and enjoy the course, clubhouse, or the lands, buildings and other property of the Club, or any part thereof for such purposes and on such terms and conditions as the Club may fix and determine.
(h) To make and publish Local Rules regulating the playing of The Game of Golf on the Course, provided such Local Rules are consistent with the policy of The Royal & Ancient Golf Club of St Andrews.
(i) To make regulations, bye-laws, and orders for the full and efficient conduct of the affairs of the Club.
(j) To join and subscribe to any Union, Association or League, having similar Objects as those of the Club.
(k) To give, manage or promote dinners, balls, dances, concerts, and entertainments, musical, fund-raising or similar functions.
2. MEMBERSHIP OF THE CLUB
Membership is open to all and the Rules and Regulations governing membership will be as determined by the members at General Meetings of the Club.
3. REGULATION OF MEMBERSHIP
The Committee will have power to restrict total numbers of members or any class of membership should they deem such a course of action necessary.
4. MEMBERS ADDRESS
Any member changing his or her residential address shall be responsible for informing the Secretary of such change in writing as soon as possible. In the event of any notice being sent by the Club to a Member, this will be sent to his or her last known address as previously intimated to the Secretary.
5. MEMBERSHIP APPLICATIONS
(a) The acceptance of all classes of members shall rest with the Committee.
(b) Membership is open to all and no application for membership will be unreasonably refused. Membership applications must be submitted to the Secretary on a club membership application form. The form must be completed to show the full name and permanent address of the applicant. The Committee will consider all applications for membership and may reject such applications subject to the membership limit of the Club and otherwise for good and proper reasons only.
In the case of a refused application for membership, the applicant will be informed of the grounds for refusal and will be offered, if appropriate, a right of appeal.
(c) On the admission of a Member the Secretary will notify him or her thereof furnishing him or her at the same time with a copy of the Constitution and requesting him or her to pay the entry fee and the appropriate proportion of the subscription for the year then current. On payment of the subscription and entry fee the name of the new Member will be added to the Roll of Members by the Committee. A new applicant will not be entitled to the privileges of the Course or Clubhouse until the subscription and entry fee, where appropriate, for the current year have been paid.
6. TEMPORARY MEMBERS
Persons holding a Round or Day Green Fee Ticket from the Club will be considered a Temporary Member entitling them after payment to the use of the Course and Clubhouse on that day only. The committee will have the power to admit as temporary members, members of other recognised golf clubs or attendees for the purpose of holding events, competitions, matches or tournaments when such members /attendees will be considered as members for the day only or for the duration of the event, competition, match or tournament.
7. ENTRY FEES
The persons elected to certain categories of membership of the Club will pay an entry fee of an amount to be resolved from time to time at the Annual General Meeting of the Club.
Young Person Members will pay an entry fee based on the following sliding scale :
No of consecutive years as YPM % discount of Ordinary Entry Fee
The annual subscriptions payable by each category of membership will be decided at the Annual General Meeting and all subscriptions will be payable before 1st March following the Annual General Meeting in each year or at the date of admission.
Any Member who fails to pay his or her subscription before 1st March of that year will cease to be a Member and his or her name shall be removed from the Roll of Membership.
Prior to 1st November each year, each member in the following categories – Ordinary, Senior, Young Person and 5 Day, shall make a payment of £100 towards their annual subscription. This will only apply to those who are not paying their subscriptions by the club’s standing order method.
Any Member wishing to resign from membership must do so by written intimation to the Secretary before 1st November failing which he or she will be liable for the current subscription.
The Committee will have the authority, if required, to alter the fees for specific membership categories once per year for the purposes of recruitment of members. The committee will circulate the details of any annual one off alteration to the subscriptions to the membership with at least 2 months’ notice prior to the proposed effective date.
9. OFFICE BEARERS AND MANAGEMENT
(a) An Honorary President and Honorary Vice-President(s) may be elected at any Annual General Meeting, but they shall not by virtue of such offices have any voice in the management of the Club. As long as they hold such offices the Honorary President and Honorary Vice-President(s) will be exempt from payment of an annual subscription of the Club but shall retain all rights and privileges of Ordinary Members.
(b) The Captain, Vice-Captain and Finance Convener will be elected at the Annual General Meeting.
(c) The affairs of the Club will be managed by the Committee which will comprise the Captain, Vice-Captain, Past Captain and Finance Convener and up to eight elected members. The Committee may co-opt Members to fill vacancies.
(d) The Committee will manage the Club for the benefit of all Members without discrimination and will meet monthly to conduct the business of the Club. The Minutes of such meetings will be made available to all members via the noticeboard seven days after approved by the Committee. All differences among the Committee Members will be determined by the vote of the majority and such determination will be the finding of the Committee.
(e) The committee may appoint such employees as the Committee considers appropriate to further the conduct of business of the Club.
(f) Members of the Committee will serve for three years but may be elected for further period of three years. Such re-elected Members shall not be eligible for subsequent re-election to Committee for a period of one year after demitting office. All election of Committee Members will take place at the Annual General Meeting. The quorum for a Committee meeting shall be seven members in attendance.
(g) In addition to the powers and conditions conferred upon it specifically by this Constitution or by implication, the Committee will have the power to make rules and regulations both as regards the course and the clubhouse or for any other purpose in connection with the running of the Club. The Committee will also have the power to determine the conditions and hours of playing for the various classes of members. Copies of all such rules and regulations made by the Committee will be made available for inspection by Members in the Clubhouse and will be binding on all Members of the Club. The Committee will not make any rules and regulations which over-rule or are inconsistent with the Constitution of the Club. The decision of the Committee with regard to the meaning of any rule or regulation shall be final and binding.
(h) The Committee will have the power to begin or defend any proceedings taken by or against the Club.
(i) The Committee will have the power to acquire by purchase or excambion, lease, hire or otherwise any lands, buildings or other heritable or real rights and property as may be authorised at a General Meeting of the Club. The Clubhouse, the Course and other heritable property of the Club shall be vested in the Captain, Vice Captain, and Finance Convenor of the Club and their successors in office, as trustees for behoof of the Club. In the case of any lease of the Course, said lease shall be taken in the names of the Captain, Vice Captain and Finance Convener, and their successors in office, as Trustees for behoof of the Club.
(j) The Committee will have the power to:-
(i) borrow such sums (without limitation) on such terms as the committee considers appropriate from time to time on behalf of the Club in such manner as the Committee deems advisable; and
(ii) in security of such borrowings, to enter into such security of the heritable and/or other property of the Club (including without prejudice to the generality, any Standard Security) as may be required by any lender;
provided always that, save as provided in sub-paragraph (k) below, such borrowing and/or grant of security is approved by the Members of the Club at a General meeting of the Club. Any Standard Security or other documents to be granted in connection with the exercise of the said borrowing powers shall be executed by the Captain, the Vice-Captain and the Finance Convener for the time being as Trustees ex-officio.
(k) Notwithstanding the generality of the foregoing sub-paragraph (j), in order to defray the cost of maintaining premises owned, leased and/or occupied by the Club or the cost of alterations thereto or the furnishing thereof or for such other purposes of the Club as the Committee may consider appropriate from time to time, the Committee will have power if and when they see fit to borrow such sum or sums of money that may in their opinion be necessary upon such terms and conditions as they think proper up to a maximum sum of £50,000.00 and furthermore will have the power to enter into any Standard Security or Bond or Obligation or other document of debt. All necessary documents will be signed on behalf of the Club by the Captain, Vice Captain and Finance Convener of the Club or otherwise as the Committee may from time to time direct.
(l) The Committee may in any matter delegate its duties either to sub-committees or any other person or persons.
(m) No member of the Committee and no Employee of the Club will have any personal interest, direct or indirect, in any contract arrangement or transaction entered into by or on behalf of the Club, nor in the sale of alcoholic liquor therein nor in the profits arising from such sale.
(a) The Annual General Meeting of the Club will be held during the month of January at a place and on a date to be fixed by the Committee.
(b) The Committee will have power to call Special General Meetings of the Club and a special meeting will be called within fourteen days of a written requisition signed by not less than twenty Ordinary Members and stating the business to be discussed.
(c) At least seven days before any General Meeting of the Club the Secretary will give notice to each Member entitled to attend of the date and place of the meeting and intimation of any notices or motions to be submitted to the meeting. A copy of such notice shall be affixed to the General Notice Board in the Clubhouse.
(d) Only members who are entitled to take part in the management of the club will be entitled to attend and vote at General Meetings of the Club.
(e) At all meetings of the Club the chair will be the Captain, whom failing the Vice Captain whom failing another Member of the Committee who the Committee by majority shall determine. The Chair will have a casting as well as deliberative vote. The quorum for all General Meetings of the Club will be sixty.
(f) No alteration to the constitution shall be competent except at a General Meeting and to become effective any motion seeking to alter the constitution must be passed by a majority of two thirds of the Members present and voting. For the Annual General Meeting, notice of a motion to alter the constitution or of any other competent business must be sent in writing to the Secretary and must be received by him or her no later than the first day of December preceding the meeting. Motions proposing to alter the constitution must be proposed and seconded by a member entitled to attend and vote at said meeting.
(g) Any amendment to a motion proposing an alteration to the constitution must be received by the Secretary within 7 days of the date of the publication of the notice of the meeting to the Membership. Any proposed amendment to the proposed motion must be proposed and seconded by members who are entitled to attend and vote at the Annual General Meeting.
(h) The financial year of the Club will run from First November to Thirty first October following. There will be prepared annually an income and expenditure account for this period and the balance sheet as at Thirty First October.
(i) A member is entitled to appoint another member as his/her proxy to exercise all or any of his/her rights to attend and speak and vote at meetings of the club. Proxy voting forms will be available from the office or can be downloaded from the website. All proxy forms must be returned to the Office no later than seven days prior to the meeting.
11. CONDUCT OF MEMBERS
(a) Members of the Club will be bound by the terms of the Constitution and all rules and regulations of the Club.
(b) In the event of any Member violating any part of the Constitution or the rules and regulations of the Club, or conducting himself or herself in such manner as is, in the opinion of the Committee objectionable or likely to injure or discredit the character of the Club, the Committee will have the power, after calling upon the member for an explanation, to suspend such member from any or all rights and privileges of the Club for a stated period of time.
(c) Any member so suspended will be advised by the Committee in writing of the suspension and that the member has the right of appeal to the Committee. Any such appeal will only be valid if made in writing within seven days of the date of intimation of the suspension. Within seven days of receipt of any appeal, the Secretary will call a meeting of the Committee and written notice of this meeting will be given to the appellant who shall be entitled to appear before the Committee at the said meeting and make such representations as the appellant deems relevant. The Committee will them consider the relevant facts, outwith the presence of the appellant, and arrive at their decision.
(d) While under suspension the person concerned will continue to be a member of the Club, will be subject to the discipline of the Club and will be responsible for the payment of his or her subscription. At the end of the stated period of suspension, provided that his or her behaviour has been satisfactory to the Committee the member will resume all rights and privileges of the Club without further application.
(e) In the event of a violation of any part of the Constitution or the rules and regulations of the Club deemed to be of a serious nature or of very serious misconduct, the Committee, after calling upon the member for an explanation and after giving the Member the opportunity to present his or her case will have the power to expel the member from the Club.
(f) Any member so expelled will be advised by the Committee in writing of its decision to expel him or her and that he or she has the opportunity to resign from the Club voluntarily or to accept expulsion or to appeal against the Committee’s decision. Any such appeal will require to be in writing to the Secretary stating the grounds of appeal within fourteen days of receipt of written intimation of the Committee’s decision. Any such appeal will be dealt with by a Sub-Committee of three persons appointed by the Captain whom failing the Vice Captain (whether or not such persons are members of the Committee) providing always that they have not previously been involved in the disciplinary procedure. The Committee will be appraised of the decision of the Sub-Committee and will thereafter decide whether to uphold or dismiss the appeal or to modify any penalty previously imposed.
(g) For the avoidance of doubt, during the period of expulsion up to any subsequent appeal being held the Member concerned will not be entitled to any rights or privileges of the Club.
(a) A Member may personally introduce guests to the facilities of the Clubhouse and upon the admission of such guests to the Clubhouse the member will enter his or her own name and the name and address of the guest in a book which shall be kept for this purpose and which shall show the date of each visit.
(b) The member introducing a guest will be responsible for his or her guest strictly observing the Constitution and the Club rules and regulations and will not leave the Club premises before his or her guest.
(c) No person whose membership of the Club has been suspended or terminated or which has lapsed or whose application for membership has at any time been rejected will be introduced as a guest. The Committee may refuse admission to any guest.
13. EXCLUSION OF LIABILITY
Neither the Club nor any official thereof will be liable to any member or guest for any loss or damage to any property occurring from whatever cause on or about the Club premises or the course nor for any injury sustained by any member or guest while on or entering or leaving the Club premises or the course.
14. SALE OF ALCOHOLIC LIQUOR
(a) The sale or supply of alcoholic liquor will at all times be carried out in compliance with all relevant legislation.
(b) Guests will not be supplied with alcoholic liquor on the Club premises unless on the invitation and in the company of a member and providing such guests have been satisfactorily introduced to the Club in accordance with the Constitution.
(a) The Club may not be dissolved except on a vote by ballot paper at a General Meeting of which notice shall have been given in accordance with the required General Meeting procedure provided that a resolution of such winding up is passed by majority of not less than two thirds of the members present.
(b) If in the passing of any such resolution it is ascertained that there is an excess of liabilities over assets each member who is entitled to take part in the management of the Club and Life Member of the Club at the time of passing of such resolution will be liable for his or her share of such excess liabilities and shall make payment thereof to the Committee within one month of receiving a notice demanding payment. Failing payment within the said period the Committee will be entitled to take all necessary steps against such defaulting member to recover the amount due by him or her.
(c) If in the passing of such resolution it is ascertained that there remains after satisfaction of all of its debts and liabilities any property whatsoever it will be given or transferred to the Office Bearers of the Scottish Golf Union to be held in trust for the then current members of the Club and their survivors until such time as the Club has been reconstituted at which time such remaining property will be transferred back by such Office Bearers to the Club.
Revision : January 2017