MONTROSE MERCANTILE GOLF CLUB CONSTITUTION
IT SHOULD BE NOTED THAT IN ANY CASE WHERE A CLUB RULE DOES NOT COMPLY TOTALLY WITH THE LICENSING (SCOTLAND) ACT 2005, THE LICENSING ACT TAKES PRECEDENCE
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1.0 NAME, PROPERTY, MANAGEMENT
1.1 The Club shall be known as The Montrose Mercantile Golf Club
1.2. The Club has its premises at East Links, Montrose. The whole property of the Club, both heritable and moveable at present belonging to, or which shall hereafter be acquired by the Club, shall be vested in the Captain, Vice-Captain, Secretary, Treasurer, Match and Handicap Secretary and Members of the Committee ex-officio on behalf of the Club.
1.3. The Mercantile Golf Club is a non-profit making organisation. All profit and surpluses will be used to maintain the Club’s facilities. No profit or surplus will be distributed other than to another non- profit making body or to members on winding up or dissolution of the Club.
1.4. The Management of the Club shall be vested in the hands of a Captain, Vice-Captain, Club Secretary, Treasurer, Match and Handicap Secretary and two further members, two of whom shall retire annually by rota but who shall be eligible for re-election. All offices shall be vacated annually. Five shall be a quorum. This group will be hereafter referred to as the Committee.
1.5 Nominees for office must be serving Committee Members or golfing members (over the age of eighteen years) proposed for election to Committee. Nominations for office should reach the Club Secretary not less than 14 day before the Annual General Meeting, duly proposed and seconded and with the permission of the Nominee. Should the Nominee be unable to attend the Annual General Meeting, his/her nomination cannot be accepted unless the Club Secretary has received a written, or in exceptional circumstances, verbal, conformation that the Nominee is willing to accept office if elected.
1.6. The procedure for nomination to Committee shall be by entering in full particulars requested on a nomination sheet which shall be displayed (not less than 14 days before the nomination closing date), in the clubhouse.
1.7. The Annual General Meeting shall be convened by notice in the Local Press for the last Wednesday in January at which the following will be on the Agenda of Business:
Minutes of the last General Meeting
Club Secretary’s Report
Treasurer’s report (the Accounts for the year having been independently examined by the firm of Professional Accountants appointed at the preceding A.G.M. or at a S.G.M. held subsequently. Such Professional Accountants to be qualified to carry out the audit of the accounts of limited companies as specified in the relevant statutes)
Election of Office Bearers and Committee
Any other competent business (only proposals submitted to the Secretary in writing at least 7 days prior to the A.G.M can be discussed).
1.8 A Special General Meeting may be convened at any time on the instructions of the Captain or Vice-Captain, or by a requisition of 25 Members. A Meeting requisitioned by 25 Members will only take place provided that 18 Members of the signatories are present. Notice of time, date and Agenda of the Special General Meeting shall be given in the Local Press at least 48 hours before such Meeting.
1.9 Any vacancies occurring in the Committee during the year may be filled by the Committee. Only golfing members over the age of eighteen years may be co-opted.
1.10 Should a member be absent from three consecutive Committee Meetings, except in circumstances acceptable to the Committee, the Committee may deem such member to have resigned from Committee and that member shall forthwith cease to be a member of Committee or Office holder. The Absentee shall be informed accordingly by the Club Secretary and the Committee may co-opt to fill this vacancy.
1.11. The Committee shall meet on at least ten occasions (circa every six weeks) during the calendar year on a date determined at the previous meeting
1.11.1 The Committee may, whenever they think it desirable in the interests of the Club, raise or borrow any sum of money for the purpose of the exercise of any of their powers, including (without limitation) the acquisition of any property or investment. The payment of the monies so raised or borrowed may be secured, if required, in such manner and upon such terms and conditions in all respects as the Committee think fit, and in particular by charge or mortgage of all or any of the property or investments for the time being of the Club.
1.12. Minor alterations or additions to the Club Rules may be made by Committee when deemed appropriate.
1.13. All the regulations made by the Committee and orders given by them for the general comfort and accommodation of the members shall be binding on every member until set aside by a General Meeting or Special General Meeting. The Committee shall have the sole right to interpret the rules and give direction in cases not provided for therein.
1.14 The Financial year of the Club shall commence on the first day of December.
2.1 The Membership shall consist of Ordinary Members, Senior Members, Young Adult Members, Junior Members, Student Members, Social Members, Winter Social Members, Life Members, Honorary Members, Temporary Members and International Members.
2.2. Ordinary Members shall consist of all golfers who are 25 years of age and over and not included in any other membership category.
2.2.1 Every Ordinary Member shall have the privilege of introducing to refreshment not more than four guests, no guests to be introduced an unreasonably large number of times; the Committee shall decide what is reasonable in particular cases. The bill incurred for such guests must in every case be paid by the Members introducing them, and the guests can only remain in the Club while the Member introducing them is there. Visitors shall not be supplied with alcohol in the Club premises except on the invitation and in the company of a Member. The Member shall, upon the admission of such visitors to Club premises, or immediately upon there being supplied with such alcohol, enter his/her own name and the names and addresses of the visitors in a book which shall be kept for the purpose and which shall show the date of each visit.
2.3 Senior Members shall consist of all golfing persons on reaching National State
retirement age. Senior Members shall have all the rights and privileges of
Ordinary Members and shall have the benefit of a reduced annual subscription.
2.4 Young Adult Members shall consist of all golfing persons who are aged 18 to 25 years of age. Young Adult Members shall have all the rights and privileges of Ordinary Members and shall have the benefit of a reduced annual subscription.
2.4.1 Junior Members shall consist of all members from 5 up to 18 years of age. A junior member will be subject to the same rules as a social member except that they may not sign anyone into the club.
2.4.2 Student Members shall consist of all persons over the age of 18 on a full-time education course at university or college, on provision of proof that they are attending such a course. A student member is a golfing member but will be subject to the same rules as a social member.
2.5 Social Members (non-golfing) shall consist of persons over 18 years of age. All rules of the club shall apply to social members except that:
2.5.1 They shall not attend any official Meeting of the Club unless invited to do so by the Committee.
2.5.2. They shall not be entitled to vote at any such official meeting of the Club to which they are invited.
2.5.3. They shall have the privilege of introducing to refreshment not more than two guests, no guest to be introduced an unreasonably large number of times; the Committee shall decide what is reasonable in particular cases. The bill incurred for such a guest must in every case be paid by the Member introducing them, and the guest can only remain in the Club while the Member introducing them is there. Visitors shall not be supplied with alcohol in the Club premises except on the invitation and in the company of a Member. The Member shall, upon the admission of such a visitor to Club premises, or immediately upon there being supplied such alcohol, enter his/her own name and the name and address of the visitor in a book which shall be kept for the purpose and which shall show the date of each visit.
2.5.4 Winter Social Member: All identical to social member except that the membership is only applicable from 01 November to 31 March.
2.6 Life Members: Persons who have as Ordinary Members completed 30 years consecutive membership of the Club at or after their national state retirement age. Life Members shall have all the rights and privileges of Ordinary Members and shall be free (with the exception of the relevant SGU subscription) from Club Annual Subscriptions.
2.7 Honorary Life Members and Honorary Members: Persons who have rendered special services in furtherance of the interests of the Club or the game of golf. Honorary Life Members and Honorary members may only be proposed and elected at an Annual General Meeting or Special General Meeting and shall be freely entitled to all the privileges of Ordinary Members and shall be free of all encumbrances.
2.8 Temporary Members: Individual Temporary Members: Any Member of a recognised Golf Club temporarily resident within a radius of 25 miles from Montrose, and any person bona fide accompanying the member, may be admitted as a Temporary Member for a period not exceeding 3 months subject to payment of a subscription fixed beforehand by the Committee and upon application to the Club Secretary or other person authorised by the Committee. The name, address, date of admission and duration of Membership of the Temporary Member shall be recorded in a book kept for this purpose.
2.8.1 Party/Society Temporary Members: Each member of a visiting party of golfers, along with one person accompanying any such visiting golfer, temporarily resident within a radius of 25 miles from Montrose, and granted the facilities of the Club by Committee, shall be admitted as a Temporary Member of the Club, upon payment of a subscription to be fixed beforehand by the Committee for the period of their temporary residence, not exceeding 3 months in total. On or before admission to the Club, the names and permanent address of all members of the party, date of admission and duration of membership shall be recorded in a book for this purpose.
2.8.2 Individual Day Members: Any person not normally resident within Montrose, and any one person accompanying him or her, upon production of a Montrose Golf Links day, round or weekly ticket, may be admitted as a Day Member by any person authorised by the Committee either free from subscription or upon payment of a subscription fixed beforehand by the Committee. Immediately upon admission, the authorised person shall enter the name, address and date of admission of the Day Member in a book kept for this purpose.
2.8.3 Party/Society Day Member: Each member of a party/society which plays golf on Montrose Links on a particular day, granted the facilities of the Club by the Committee, and any one person accompanying that golfer, shall be admitted as a Day Member of the Club either free from subscription or upon payment of a subscription fixed beforehand by the Committee for the day, or each, day upon which the said party/society plays golf on the Montrose Links. On or before admission on each day, the names and permanent addresses of all members of the party/society and the date of admission shall be recorded in a book kept for this purpose.
2.8.4 Temporary and Day members: shall not be entitled to attend or vote at meetings of the Club, introduce others or play in Club competitions.
2.9 The serving Captain of Ladybank Golf Club shall be an Honorary Member.
2.10 In the event of an Open Tournament, County Cup, Inter Club Match or similar competition taking place on Montrose Links, the Committee shall have the power to admit as Temporary Members, free of subscription, those taking part in the competition or match. The time, for which the Competitors or Players may be Temporary Members shall not exceed one week, including the period of the Competition or Match, and in every case, the names of the Competitors or Players shall be submitted beforehand to the Club Secretary.
2.11 The application for membership of every candidate must be in such a form as the Committee may from time to time prescribe. Applications will be submitted to Committee for approval.
2.12 On admission of a New Member, the Club Secretary, shall notify the same to him/her, furnishing him/her with a copy of the Rules of the Club and requesting him/her to pay the Annual Subscription. Until such fees have been paid he/she shall not be entitled to the privileges of the Club.
2.13 A Member, on having paid his/her Subscription, is considered thereby to have submitted him/herself to the Rules of the Club, and on these conditions alone is entitled to enjoy all the advantages of the Club pertaining to his/her Membership. This shall apply to all Members of the Club except when an Ordinary Member is on the Council of another Golf Club in the town thereby rendering him/her ineligible to act as an Office-Bearer of this Club.
2.14 Members shall give notice of change of address to the Club Secretary.
2.15 International Members. Any person normally resident in a country out with the United Kingdom may be admitted as an International Member subject to payment of a yearly subscription fixed beforehand. International member must not be resident in UK for more than three weeks per year
2.15.1 International member shall not be permitted to vote in club AGM or SGM. International member shall not be permitted to enter club competition unless he/she holds a certified handicap from a recognised golf association.
2.15.2 International member shall be permitted to sign in four guests. The bill incurred for such guests must in every case be paid by the Members introducing them, and the guests can only remain in the Club while the Member introducing them is there. Visitors shall not be supplied with alcohol in the Club premises except on the invitation and in the company of a Member. The Member shall, upon the admission of such visitors to Club premises, or immediately upon there being supplied with such alcohol, enter his/her own name and the names and addresses of the visitors in a book which shall be kept for the purpose and which shall show the date of each visit
2.15.3 If international member wishes to be affiliated to SGU etc. He/she must also pay yearly dues to that body. The international members shall not be expected to pay any club loyalty fees
2.15.4 If international member moves permanently to the UK, he/she cannot then be an international member but will automatically qualify for acceptance as ordinary member. If international member wishes the Mercantile to handle handicap, then that member shall send correctly completed scorecard/s to club and club shall process the same as an away player and send (by e-mail) notification of club handicap.
2.15.5 If Montrose golf clubs amalgamate, then international member becomes member of new club automatically.
2.15.6 International Member shall be entitled to 1 (one) free round of golf on the Montrose Links per year. Member shall inform in writing or e-mail Secretary at least 14 days prior to allow booking of the tee time (subject to availability).
3.0 Complaints and Conduct
3.1 All complaints from Members shall be made to the Club Secretary in writing and he/she shall submit them to the Committee at their next Meeting.
3.2 Any misconduct on the part of a servant of the Club shall be notified in writing to the Club Secretary, giving the nature of the offence in detail. The Club Secretary shall refer same to the Committee who shall give it their immediate consideration.
3.3 In any case where the conduct of any Member either in or out of the Club shall in the opinion of the Committee be injurious to the character or interests of the Club, the Committee shall be empowered to impose the following penalties:
3.3.1. A ban from all Club facilities and/or Club competitions for a period not exceeding 3 months.
3.3.2 Request the resignation of such Member and if he/she consents, his/her subscription for the current year shall be returned. If he/she does not resign within 14 days from the date of the letter of such request the Committee shall be empowered to cancel his/her membership. It shall be the member’s option to obtain the necessary 25 signatories to call a Special General Meeting to lodge an appeal. In order for the member to retain membership, a ballot shall be held at which he/she requires two thirds of members present to vote in his/her favour. Failure to gain this majority, his/her subscription for the current year shall be forfeited and he/she shall cease to be a member of the Club.
3.3.3 If the Committee feel that the misconduct of a Member is of a serious nature, then the Committee may impose an immediate ban on that member from the Club facilities and Club competitions while asking that Member to resign his/her membership of the Club. It shall be the member’s option to obtain the necessary 25 signatories to call a Special General Meeting to lodge an appeal. In order for the member to retain membership, a ballot shall be held at which he/she requires two thirds of members present to vote in his/her favour. Failure to gain this majority, his/her subscription for the current year shall be forfeited and he/she shall cease to be a member of the Club.
3.4 No Member shall take or permit to be taken from the Club premises any article belonging to the Club except when prior permission has been given by the Committee for the removal of such article.
4.0. Fees and Subscriptions, etc.
4.1 Annual Subscriptions of New Members shall be payable immediately upon election to the Club. Renewal Subscriptions shall be payable to an Official of the Club in the Clubhouse on specific dates prescribed by the Committee. If this method is not possible you may either hand your subscription in a sealed envelope with your name and address on it to the bar staff or post it to the club. Whichever method is used, your annual subscription must reach the club by closing time on the 31 March. Any member failing to pay the subscription fee by this date shall cease to be a member of the club. Any member wishing to resign their membership shall notify the club secretary in writing.
4.2 Annual Subscriptions of all members as prescribed at 2.1, shall be as agreed by Annual General Meeting or Special General Meeting.
5.0 Management of the Club
5.1 The Committee, chaired by the Captain, shall:
- establish six sub-committees (per 5.2 below)
- establish club policies and oversee the administration of those policies
- oversee the fiscal management of the club
- be responsible for the creation and enforcement of bylaws of the Club
- be responsible for ensuring the Club, its office-bearers and employees including any franchised/contracted arrangement, have in place adequate and relevant insurance cover at all times
- approve membership applications and welcome new members
- oversee, review and approve recommendations made by the clubs appointed sub-committees
The Captain shall have a deliberative as well as a casting vote.
5.2 There shall also be the following sub-committees of the Club:
- Match and handicap
- Health and Safety
5.2.1 The remit for each sub-committee shall be set by Committee.
5.2.2 Each Committee shall have a chair who will be a member of (and report to) the Committee and shall agree its own rules of operation subject to the terms of this Constitution. In the event that he/she is unable to attend a Committee meeting he/she can nominate a representative from the relevant sub-committee to attend in his/her place.
5.3 The duty of the Vice-Captain shall be to provide help and support to the Captain, and in his/her absence exercise all the powers and privileges as above.
5.4 The duty of the Club Secretary shall be to convene all Meetings at which he shall attend and record the proceedings in the Minute book. He/she shall forward all correspondence to the Committee. A register of Membership shall be kept on Club premises.
5.5 The duty of the Treasurer shall be to receive all the fees and to receive and pay
all monies on account of the Club, of which he/she shall keep a correct
account, and submit:
- a quarterly statement thereof to Committee, and
- a yearly statement thereof to the Committee for their attention, previous to it being laid before the Independent Examiner.
All sums collected by the Treasurer shall be deposited by him/her in the Bank in the way to be decided by Committee, and cheques on the Clubs Bank Account shall be signed off by any two of the Office Bearers.
5.6 The duty of the Match Secretary shall be to maintain a list of home Club Members Handicaps. He/she will also organise all Stroke Play, Match Play and Inter-Club Competitions etc.
5.7 The duty of the Committee shall be to assist the Captain in the management of all matters which may be brought before him/her and to conduct the affairs of the Club to the best of their judgement.
6.0 Clubrooms, and sale of alcohol
6.1 The Public Rooms of the Club shall be open for the use of Members from 6 a.m. Any alcohol purchased must be consumed by 30 minutes after the end of any licensing period as stipulated by Angus Licensing Board.
6.2 The core hours, during which the bar will be open for the sale and supply of alcohol in the Club, are those permitted under the current Licensing (Scotland) Act and are displayed behind the bar.
6.3 No alcohol shall be sold or supplied to any person under 18 years of age.
6.4 No Office Holder or Member of the Committee, and no Manager or employee of the Club shall have any personal interest in the sale of alcohol therein or the profits arising from such sale.
6.5 Notices: No paper, Notices or Posters, written or printed shall be displayed in or about the Club’s premises without the permission of a Committee Member.
6.6 No Member should interfere with or alter any Notice without the permission of a Committee Member.
7.1 The Rules for playing the Game of Golf as printed and used by the Royal and Ancient Golf Club of St Andrews with such modifications as may from time to time be made thereon by the said Club, shall be the Rules for the Game of Golf to be played by the Members of the Montrose Mercantile Golf Club. Local by-laws as may be made from time to time shall be strictly adhered to. All Competitions shall be played under the above Rules plus any Rules laid down by Committee. Rules made by Committee or by a General Meeting of the Club, shall be posted by the Club Secretary on the Notice Board of the Club. No Member may take part in any Club Competitions until his/her subscription for the current year is paid.
7.2 The trophies and prizes of the Club shall be played for each year under such conditions as the Committee decides.
7.3 Trophy winners may remove trophies from the Club only on written authority and that they are subject to liability for any loss or damage whilst in their possession.
7.4 In order to keep his/her Handicap, a Member must return a minimum of 3 completed returns per year, no returns included, but Winter Competitions excluded. The club may at times alter its rules surrounding Handicaps as guidance is received, and in accordance with CONGU rules.
8.0. Other Rules.
8.1 A Bonus may be granted at the discretion of the Committee.
8.2 Honoraria may be granted at the discretion of Members.
8.3 These Rules and Regulations shall be printed for the use of the Members.