Constitution and Rules
CONSTITUTION AND RULES OF WHITSTABLE LABOUR CLUB (REVISED 2009)
NAME
The name of the Club shall be the Whitstable Labour Club, hereafter known as “the Club”
PREMISES
OBJECTS
The object of the Club shall be to promote and support the Labour Party and its policies, principles and values and to provide recreation, entertainment and a sociable venue for interest groups for the benefit of its members, visitors and guests.
PRINCIPLES
At all times the Club shall be run in accordance with Labour Party values and principles.
Only printed literature and video or audio material approved by the Club Committee shall be displayed or broadcast in the Club. Material considered to be of a racist, sexist, homophobic or socially divisive nature shall be banned.
Defacing, removing or interrupting of approved material shall be construed as misconduct and liable to disciplinary action.
MEMBERSHIP
The Club shall be a Private Members Club. Membership is open to any person who is broadly in sympathy with the Labour Party and upon payment of the appropriate subscription fee set by the Club Committee. Categories of Membership consist of :
- Full Members ; are persons who are elected to the Club Membership, are also members of the Labour Party and have been so for a minimum of one calendar year. Full Members are entitled to vote at all General Meetings.
- Associate Members ; are persons who are elected to the Club Membership, are sympathetic to the aims of the Labour Party and give an undertaking through their application form not to engage in any actions that are deemed retrograde or harmful to either the Party or the Club.
c. Honorary Members; are persons who have given the Party and or the Club outstanding service and are granted Honorary Membership by a majority of two-thirds of the Full Members present and entitled to vote at a General meeting of the Club.
The conditions for nominating and proposing an Honorary Member to the Club Committee are particular to the circumstances prevailing at the time. However, in general a putative Honorary member should have shown an outstanding commitment to the Party and/or the Club over a sustained period of time and shall be broadly recognised amongst his/her peers as being worthy of the accolade.
An Honorary Member shall be entitled to all privileges of Full membership provided he/she remains a member of the Labour Party.
d. Founder Members ; are those original Full and Associate Members who helped to establish the Club at its inception and who have attained sixty years of age. The Committee alone is responsible for conferring Founder Member status. If any individual comes to light who may be entitled to be counted as a Founder Member, the usual nomination procedure (proposal, seconding and two thirds majority voting system) will apply.
Founder Members are entitled to all the privileges of Full Membership of the Club, including voting at General Meetings, provided they remain verifiable members of the Labour Party.
e. Trustees ; because the Club cannot be said to be “owned” by all its members, the property and assets of the club shall be legally vested in three Trustees who hold the property and assets “in trust” for its members.
Following a properly constituted resolution by the Committee (an entry shall be shown to this effect in the Club’s Minutes), the Trustees shall act on behalf of the Club in any legal transactions required, such as to give their names to the Deeds of the property, or to finance a Mortgage or a Bank loan, for example.
The Trustees shall hold office until death or resignation or if voted off by two thirds of members present and eligible to vote at a General meeting or at an AGM.
Trustees shall be indemnified against risk and expense out of the Club’s property and assets or through the Club’s Insurance Policy covering such risk. Where it is necessary to appoint a new Trustee(s), the Committee shall nominate the person or persons to be appointed. For the purpose of putting into effect the nomination, the Secretary of the Club shall be delegated to appoint any new Trustees within the meaning of The Trustee Act 1925, and the nominated Trustee shall be deemed to have been appointed by and on behalf of the Club and its Committee.
All Trustees are automatic members of the Club but they may not serve on the Club Committee nor be employed by the Club.
f. Employee Members ; Employees may be granted Employee Membership status at the Committee’s discretion so that employees may continue to use the Club’s facilities when off-duty. However, Employee Members may only attend Committee Meetings on the expressed invitation of the Chair or Secretary of the Committee and Employee Members shall not have voting rights at any General Meetings or the AGM.
ELECTION OF CLUB MEMBERS
Every applicant wishing to join the Club must be Proposed by a current Club Member in writing. Additionally, every applicant must be Seconded by a current member of the Club Committee or a member of the bar staff of not less than six months employment.
All applications must make a commitment of support to the Labour Party, its principles and its values. By signing the application form applicants shall give an undertaking not to engage in any activity considered detrimental to the Party or the Club or exhibit behaviour which may bring either into disrepute.
The properly completed application form must be handed to the bar staff or an officer of the Club together with the appropriate subscription fee. A receipt shall be made out, signed and
handed to the applicant. The Membership Secretary shall periodically, say monthly, produce a list of the names of applicants, the category of membership applied for (Associate, Retired Associate, Full, etc.) and the names of the Proposer and Seconder. The list shall be displayed on the Club Notice Board for at least seven days before a Club Committee meeting.
Member(s) who wish to oppose an application must do so in writing, clearly stating the reasons for their opposition, and give their written objection to the Secretary to the Club Committee before the next Committee meeting where the application will be presented.
The Club Committee shall have the power to accept or refuse any application without stating a reason for refusal. However, at its discretion, the Committee may allow an appeal within one month of its decision.
Unsuccessful applicants may reapply for membership after 12 months have elapsed.
Any person accepted as a Club Member by the Committee shall be entitled to the rights and privileges of membership from the date when the Membership Secretary has received the appropriate subscription fee and confirmed the successful application in writing.
On acceptance new members shall be sent a copy of the Constitution and Rules of the Club along with their unique Membership Card.
Club Members renewing their membership each year within the stated deadline (28th February), shall be automatically accepted by the Committee without any further consideration.
SUBSCRIPTIONS
The annual subscriptions for all categories of membership (excluding Honorary and Foundation Members) shall be determined at the Annual General Meeting or at any General Meeting. Any recommendation to vary subscriptions requires a two thirds majority of members attending a General Meeting who are entitled to vote.
Subscriptions for new members are due and payable on the date of the applicant’s acceptance to the Club and before the end of the Financial Year thereafter (currently 28th February).
PAYMENT OF SUBSCRIPTIONS
Members subscriptions are due from 1st January and shall be paid by the end of the Financial Year (28th February) in every year. The Committee may terminate any membership outstanding on 1st March.
Members shall be required to complete a Renewal Form each year in order to update Club Membership records. Members who fail to renew their memberships or fail to pay their subscriptions by 31st January will be deemed “in arrears”. Members who have not renewed their membership or paid subscriptions by the end of the Financial Year will be deemed “lapsed” members and shall be required to re-apply to join the Club.
ADMISSION OF GUESTS
Members may introduce guests to the Club but each member may not admit any more than four guests per day. A member and his/her guest(s) must sign the Visitors’ Book. Individual guests may be signed-in up to a maximum of six times a year. Guests shall pay a Guest admission (minimum of £1) as determined and periodically varied by the Committee. Each guest admission expires at midnight. Members must accompany their guest(s) whilst on the Club’s premises and all signing members are responsible for ensuring the Rules of the Club are properly observed by their guest(s). Members should not sign-in a guest and then leave the premises or leave the guest unaccompanied.
Barred, suspended or excluded members may not enter the Club as a guest or under any circumstances.
ADMISSION OF VISITORS
The Club shall admit as visitors, members of affiliated societies and clubs; and members of visiting sports, social or recreation teams, who are playing matches against the Club. The organiser or team captain of such groups and teams shall only be required to sign the Visitors’ Book once, stating their Club name or the Organisation they represent. Visitors may purchase refreshments including intoxicating liquor on the Club premises in accordance with the Licensing Act 2003 (enacted 24th November 2005).
EXECUTIVE OFFICERS
The Executive Officers of the Club shall consist of a:-
Chairperson, who shall oversee the general running of the Committee and shall be accountable to the Committee.
Vice Chairperson, who will deputise for the Chairperson as required and, in the event of the Chairperson’s resignation, the Vice Chairperson shall act as temporary Chairperson until the position has been filled by another member of the Committee.
Club Secretary, who shall arrange for and ensure that Minutes are taken at meetings and that copies are properly corrected and filed. The secretary shall also be responsible for all other administrative functions of the Committee, including raising an agenda of business to be discussed; processing correspondence, ensuring it is acted upon, recorded and appropriately stored. The Secretary shall also provide monthly reports of all relevant business to the Committee and a Summary Annual Report to the Annual General Meeting (AGM).
Treasurer, who shall have overall responsibility for the Club’s finances and shall maintain all the Club’s accounts in liaison with the Manager as required by any relevant financial regulations. The Treasurer shall provide monthly reports to the Committee, being an up to date statement of the month’s income and expenses, and an audited Annual Report of the Club’s financial position to the AGM. The Treasurer may attend any sub-committee set-up by the Club Committee.
Membership Secretary, who shall be responsible for ensuring the Membership applications and renewals are processed. This includes ensuring subscription fees are paid on time and that new members are properly proposed, seconded and adopted in accordance with the requirements set down by the Committee.
The Officers of the Club shall be elected at the AGM and their terms of office shall be for 3 years. Each Officer may be eligible for re-election thereafter.
THE COMMITTEE
The affairs of the Club shall be governed by an elected executive Committee of up to 14 members which shall comprise the Officers of the Club (above) and three further Full Members who have been elected at the Annual General Meeting.
One additional Committee member shall be delegated by the AGM of the Whitstable Branch Labour Party (BLP). Eligibility of BLP Delegates is restricted to those who have been a Member of the Labour Party and the Club for a minimum of 12 months.
One further Committee member shall be delegated and elected by the AGM of the General Committee (GC) of the Canterbury Constituency Labour Party (CLP). Eligibility of CLP Delegates is restricted to those who have been a Member of the Labour Party and the Club for a minimum of 12 months.
A further four delegates who are Associate Members of the Club shall be elected at the Club’s Annual General Meeting. Only Associate Members of at least one years’ standing are eligible to be put forward to the Committee. Associate Member delegates cannot hold any Office of the Club (see “OFFICERS”) but may vote on Committee motions.
Full members (those who hold both Party and Club membership) cannot stand for election as an Associate member of the Committee.
In summary then, the Committee shall be:-
5 Officers (detailed in “OFFICERS”) elected from 8 Full Members of the Club
3 remaining Full Members (from the 8 above)
1 Whitstable Branch of the Labour Party (BLP) delegate
1
4 Associate Club Members
Total Committee Members, 14.
A quorum shall be at least 50% of the total number of the elected members of the Committee who are in post at the time of the meeting. If the total number of Committee members in post is an even number, a quorum shall be 50% plus one. If the total number of Committee members in post is an odd number, a quorum shall be 50% rounded up to the next highest number.
The Officers of the Club shall be elected by the Membership of the Club at its AGM.
Other duties and roles for the remainder of the Committee, such as members of sub-committees, shall be delegated at its first meeting after the AGM.
The Committee shall meet regularly to maintain the business of the Club, not less than 9 times per year.
The Committee may from time to time appoint co-opted members to sub-committees for specific periods of time and for specific jobs, such as to offer necessary expertise wherever and whenever it may be required. Co-opted members are not entitled to vote at any Club meeting.
The Officers and ordinary members of the Committee shall be elected every three years or, as/when a vacancy occurs. Officers’ terms of office shall cease at the Annual General Meeting at every third year. However, members of the Committee may be considered eligible for re-election by their respective bodies.
If a vacancy occurs for any reason during an Officer’s term, then the Committee shall have the power to appoint a person from amongst the remaining Committee members to fill that vacancy until the next Annual General Meeting.
A vacancy created in this way (a Committee member becoming an Officer) may be filled by any eligible Club Member but the new Committee member’s term will cease at the next Annual General Meeting.
Vacancies created by the delegates appointed by the Whitstable Branch (BLP) or the Canterbury Constituency Labour Party (CLP) can only be filled by a further nomination put forward at a properly constituted meeting of the Branch or the Constituency.
An Officer or Committee member shall be deemed to have resigned when he/she has been absent from three consecutive Committee Meetings without providing apologies.
Officers and Committee Members have a corporate responsibility to work in the interests of the Club at all times and to support the democratic decisions of the Committee.
The maximum number of the Committee, including Officers and Delegates, shall be fourteen. If the membership of the Committee falls below eight for any reason, the Committee shall have the right to co-opt new committee member(s) from within the current club membership, whose term(s) of office shall expire at the next Annual General Meeting.
No Committee Member shall be eligible for election as an Officer of the Committee until he/she has been a member of both the Labour Party and the Club for at least one calendar year at the time of the election.
Only Associate Members of at least 12 months duration may be delegated or elected to the Committee.
Each member of the Committee (Officers and Delegates) shall be entitled to one vote on every motion. In the event of equal votes cast the Chairman shall not have a second or casting vote. In the event of a tied vote, the motion shall be held to be lost.
All Committee meetings shall be held on the Club’s premises except when it is expedient not to (for example, if the premises are closed during a flood or some other emergency) or when it has been agreed by the majority of the Committee to remove to another venue. In these circumstances every effort should be made to advise the Members.
All Club Members are eligible and welcome to attend Committee meetings but they shall not be entitled to speak or vote. They may be invited to speak at Committee Meetings if they have been expressly invited to do so by the Committee. Members may be excluded from any Committee Meeting where the Committee considers agenda items too sensitive and confidential, such as (but not exclusively) Finance and Personnel matters, or for any other business reasons.
POWERS OF THE COMMITTEE
The Committee shall only be empowered to borrow money and only on the most favourable rates, terms and conditions after a majority vote of a General Committee. Any loan so arranged shall not exceed the assets of the Club.
All current Committee members, including those who did not attend or vote at any meetings, shall be bound by decisions taken at those meetings.
Club Members shall only be held personally or individually liable for the limited repayment of any loan (or part thereof), up to the value of their own individual membership subscription. (See also “LIABILITIES OF THE CLUB”.)
The Committee shall have the power to appoint and dismiss any paid employee as it may deem necessary.
Committee members shall not be employed by the Club. Committee members working in any capacity on behalf of the Club shall not be paid a wage nor receive any kind of remuneration whatsoever.
Committee members may claim the refund of justifiable, small sums of out of pocket expenses spent for the benefit of the Club from Petty Cash where those expenses have been agreed in advance and only up to a maximum limit determined by the Treasurer and/or Finance sub-committee.
SUB-COMMITTEES
The Committee shall establish sub-committees as necessary and the Treasurer shall have the right to attend ex-officio, any sub-committee meeting.
ANNUAL GENERAL MEETING
The Committee shall fix a date for the AGM to be held no later than 24th June each year.
The Statement of Accounts, Balance Sheet and Auditor’s Report for the preceding year shall be available for inspection by Club Members for a period of not less than seven days prior to the AGM.
Notice of the date of the AGM shall be published for not less than fourteen days in advance. The Notice shall include an invitation for Members to put forward nomination for election to the Committee. Each Full Member candidates for election to the Committee must be proposed and seconded in writing by two Full Members (See “Membership, a. Full Members”).
Each Associate Member candidates for election to the Committee must be proposed and seconded in writing by two Associate Members (See “Membership, b. Associate Members”).
The Agenda for the AGM, together with the names of any nomination received, shall be displayed on the Club’s Notice Board and/or on the Club’s website for a period of seven days prior to the meeting. However, nominations for election to the Committee shall close 48 hours before the AGM.
The Agenda shall include:-
The Minutes of the previous AGM.
Secretary’s Report
Treasurer’s Report
Auditor’s Report
Membership Secretary’s Report
Election of (i) New Officers, (ii) Committee Members, (iii) Delegates (see “COMMITTEE” above).
Election of Auditors
Determination of Subscriptions for the following year.
GENERAL MEETING
A General Meeting may be convened at any time by the Club Committee. A Notice shall be issued to that effect by the Committee Secretary and ensure it is displayed for at least fourteen days on the Club’s Notice Board prior to the meeting.
A General Meeting may be called by Members when a Notice to the Committee requesting a General Meeting has been published and displayed on the Club’s Notice Board for at least fourteen days. The Notice must be signed by at least 15 Full Members of the Club stating clearly the nature of business they wish to be discussed.
Those entitled to attend and the rights of Members to attend such a meeting shall be the same as for an Annual General Meeting but the business shall be restricted to those items listed in the Notice convening the meeting.
VOTING AT AGMs OR GENERAL MEETINGS
Only Full Members (see “MEMBERSHIP”, a., of the Club shall be entitled to vote at a General Meeting or at an AGM. Each Full Member of the Club shall have one vote on each motion. Only the votes of Full Members present at the meeting shall be counted. The votes of Full Members not present shall be discounted. Members entitled to vote but not attending such a General meeting shall be bound by the decisions of that meeting.
A simple majority (over 50%) shall be sufficient to carry ordinary motions put to the meeting, but alterations to the Rules or amendments to the Constitution must receive a majority of at least two thirds (66%) of the Members present. In the case of a tie, the motion shall be lost (there shall not be a chairperson’s casting vote).
Associate Members are entitled to attend and take part and be heard at all General Meetings and non-confidential parts of Committee meetings. However, they may not vote on any motion or resolution.
Delegated Associate Members elected to the Committee are only entitled to vote at Committee meetings.
BYELAWS
The Committee may from time to time make byelaws that are consistent with this Constitution and Rules, for example, on the conduct of members and the day to day governing of the affairs of the Club. A copy of these byelaws must be made available for inspection on request by any member. All byelaw enacted by the Committee during its term of office shall be ratified at the next Annual General Meeting.
GAMING, BETTING AND LOTTERIES
Gaming of a nature that does not contravene the provisions of the Gambling Act 2005 (enacted 1st September 2007) or any further statutory modification in force may be permitted on the Club premises at the discretion of the Club Committee.
MISCONDUCT OF MEMBERS
Any member(s) or guest who is, in the view of a present Committee Member or Staff member on duty, guilty of misconduct shall be required by the Committee Member or the Staff Member to leave the Club.
Any member refusing to leave the Club when so requested shall be subject to Police action and eviction. In this circumstance the Member or guest shall be immediately banned from re-entering the Club and membership suspended until further notice.
Club Staff, Members and members of the Committee have a duty to investigate, report and take appropriate necessary action if/when they witness or hear of incidents of misconduct when they occur.
A written and verbal report shall be given to the Club Committee as soon as possible after the incident and the member(s) shall continue to be temporarily suspended until the Club Committee has met and considered the facts of the case.
The Club Committee shall have the responsibility to decide each case of alleged misconduct and shall have the power to reprimand, suspend or expel any member who has been found guilty of infringing any Rule or Byelaw.
The Club Committee shall also have the power to exonerate and reinstate any member found not guilty of contravening any Rule or Bye Law.
Members who have been suspended or expelled shall be invited to appear before a meeting of the full Club Committee, or a sub-Committee properly appointed for this purpose, to explain his/her conduct.
Any decision concerning the misconduct of a member shall be subject to a simple vote of the Club’s Committee. A member who is formally suspended shall forfeit all rights and privileges under these Rules during the period of suspension.
A member who has been expelled from the Club will also lose all rights and privileges of membership and may not re-apply to join the Club for the period of time specified by the Committee up to a maximum of three years.
Any suspended or expelled member has the right of appeal to an Appeals Panel which will consist of three committee members not involved in the initial decision.
SETTLEMENT OF DISPUTES
Any dispute between members shall br referred to the Club Committee for settlement. If the need arises the Committee shall have the power to appoint independent arbiters. The independent arbiters shall not be Members of the Club or personally known to any party of the dispute.
NOTICES
Each Member, Committee member and staff member shall keep the Secretary informed of the address to which communications shall be sent to him/her.
Except where specifically directed by any rule, Notices to members must be posted prominently on the Club Notice Board. It shall be the duty of the Secretary to ensure that Notices remain properly displayed for any period required by these Rules.
AMENDMENTS AND CHANGES TO THE CONSTITUTION & RULES
This Constitution and Rules may be augmented, revoked or amended at an Annual General Meeting or at a General Meeting called for that purpose. Any amendments, revisions or updates to the Rules shall be voted-in by a two-thirds majority of those present and entitled to vote at an AGM or General Meeting of the Club.
Any proposed alterations, additions or revisions to the Rules should be referred to the Canterbury Constituency Labour Party for advice before the Rule change(s) may be put to an AGM, be enacted, come into force, or be written into the Club Rules/Constitution.
The Constitution & Rules including any duly authorised amendments and changes, are binding on all members from the date they are enacted.
In the event that such alterations, additions or revisions are approved, the Secretary shall give notice to the Local Authority (Canterbury City Council) Licensing Team in accordance with regulations governing Personal and Premises Licences (Club Premises Certificate) and Temporary Events Notices under the Licensing Act 2003 (enacted 24th November 2005).
PROPERTY OF THE CLUB
The Club’s property and assets along with any financial gains made from its business or fund raising activities shall only be used to enhance and develop the Club’s facilities, or to support the Club’s approved charities or the Labour Party.
LIABILITIES OF THE CLUB
The Club and its officers shall not be liable for any loss or damage to any property occurring from whatever cause in or about the Club premises, nor for any injury sustained by any person whilst on or entering or leaving the Club premises. A Notice to this effect shall be displayed at all times in a prominent position on the Club premises.
Members shall only be held personally or individually liable for the limited repayment of any loan (or part thereof), up to the value of their own individual membership subscription. (See also “POWERS OF THE COMMITTEE”.)
The Committee shall only be empowered to borrow money and only on the most favourable rates, terms and conditions after a majority vote of a General Committee. Any loan so arranged shall not exceed the assets of the Club.
CESSATION OF MEMBERSHIP
Members shall cease to be members through:
- non-payment of subscriptions by the due date,
- expulsion by the Committee following due process,
- resignation in writing to the Secretary.
DISSOLUTION
A General Meeting of the Committee shall be called for the single purpose of dissolving the Club and winding-up its affairs if the membership of the Club drops to less than 50 combined members of all categories, (Founder, Honorary, Full and Associate Members).
A Committee decision to dissolve the Club and cease trading shall only be made by a vote of two-thirds majority of those Members present and entitled to vote at such a meeting.
Following a successful resolution/vote to dissolve the Club, the Committee shall be charged with the responsibility of immediately winding-up the Club’s affairs and converting some or all of the Club’s property and assets into cash to discharge the Club’s debts and liabilities.
From the proceeds the Committee shall decide upon and discharge all the Club’s debts and liabilities including any expenses incurred in the dissolution. The remaining balance shall be used for the benefit of the Labour Party. This final act and discharge of duties shall for all purposes signal the final dissolution of Whitstable Labour Club.
It shall be the responsibility of the Secretary to ensure Notices convening any General Committee meeting(s) under the period of dissolution to be sent by post to each and every existing Club member 14 days before any meeting. Every reasonable effort shall be made to advise all members who may have moved or changed address without notifying the Membership Secretary. In such cases the omission or non-receipt of an official Notice or communication shall not invalidate the resolutions of any meeting or the proceedings of the final dissolution.