CONSTITUTION AND RULES OF THE CLUB
CULLEN GOLF CLUB
Revised and Adopted November 1988, March 1992, November 1998 and October 2004, April 2009,
March 2015, February 2016.
I. NAME AND OBJECTS OF THE CLUB
- The Club shall be called Cullen Golf Club, and shall be a Non Profit making body with an open membership policy dedicated to the supply of sporting services to its members and the community.
- The objects of the Club shall be to provide facilities; for playing the game of Golf, to provide suitable Club House accommodation for its members for the Social Activities of the Club and for the community.
- The business affairs of the Club shall be managed by Office-Bearers: Council: Trustees: Directors, who shall form the Council of Management. The Office-Bearers shall comprise a Captain, Vice Captain, Secretary and Treasurer, and not more than ten Councilors. All Office-Bearers shall be ordinary or honorary members of the Club. In the event of the Offices of Secretary and Treasurer being combined an additional ordinary or honorary member shall be elected to the Council. Any five members of the Council shall form a quorum.
- The Captain, whom failing, the Vice Captain, shall preside at all Council meetings. In the absence of both, the meeting shall appoint a Chairman. The Chairman at all Council meetings shall have a casting as well as a deliberative vote.
- The election of Office-Bearers and Council members shall take place at the Annual General Meeting and shall be decided by the vote of the majority of the members present and voting. They shall retire annually but shall be eligible for re-election. Any vacancy in the council caused by death or otherwise, occurring during the year, may be filled by the Council.
- No member of the council or Club and no manager nor servant employed by the Club shall have any personal interest in the sale of excisable liquors therein nor in the profits arising from such sale.
- a) No office bearer shall rent or lease land to the Club.
- b) No office bearer shall be a relative, business partner or person acting under the direction of any person leasing or renting land to the Club.
- c) No office bearer shall be a relative, business partner acting under the direction of anyone associated with the Club who received emoluments based on the turnover of any aspect of Club activity.
- In addition to the powers and conditions conferred on it specifically by these rules or by necessary implications, the Council shall have the right to make Regulations and Bye-Laws for the general comfort and accommodation of members both as regards the Club House and the course and for any other purposes in connection with the running of the Club. The Council shall have powers to make special local rules. Copies of all such regulations, bye-laws and local rules shall be binding on all members of the Club. The Council shall not make any regulation or bye-law which is inconsistent with any rule of the Club. The Council shall also be vested with full powers to:-
- a) borrow money for the purposes of the Club;
- b) enter into leases of ground or premises required by the Club.
- In any question of doubt in the absence of a clear direction from a General Meeting, the Council shall be entitled to interpret the meaning and effect of any rule, regulation or bye-law.
- The Council shall from time to time define the duties of the Secretary and Treasurer and shall have power to fix any remuneration. Correct accounts and books shall be kept by the Treasurer showing the financial affairs and intromissions of the Club.
- The council may in any matter delegate its duties to Committees or to any person or persons who shall not incur any expenditure without the previous sanction of the Council.
- The council shall meet periodically for the disposal of the business of the Club at such times as and when may be necessary. The Captain or any two members of the Council shall have power to call a meeting of the Council. All differences of opinion between members of the Council shall be determined by the voice of the majority and such determination shall be the finding of the Council.
- At its first meeting which shall be held not later than fourteen days after the date of the Annual General Meeting the Council shall elect from its number:- (1) A Greens Committee; (2) A Match and Handicap Committee; (3) A finance and House Committee; and (4) such other Committees as it may consider necessary. The Captain and Secretary shall ex-officio be members of all Committees.
- After meeting all financial burdens and trading obligations, such balance as may be then in hand shall be expended in the following manner and order of priority: (a) for improvement of the Golf Course; (b) for improvement of the club House and its social facilities; ( c) for improvement of the environs of the Club House.
- IV. GENERAL MEETINGS
- The Annual General Meeting shall be held each year as soon as practicable after 30th September, but not later than 30th November.
- The financial year of the Club shall end on 30th September annually. Thereafter the Council shall prepare an annual report and the Treasurer shall prepare accounts of income and expenditure for the preceding year to, and a balance sheet at 30th September. The accounts shall be audited by Auditors appointed by the Council.
- At least seven days before the A.G.M. the Secretary shall insert in a newspaper circulating in the area a press advertisement giving notice of the following:-
- On any matter, except a matter involving an alteration to the Rules, a Special Meeting shall be called by the Secretary on the requisition of seven ordinary or honorary members of the Club and this by inserting in a newspaper circulating in the area (not later than seven days before the date of the Special Meeting) a press advertisement giving notice of the following:-
- At all such meetings of the Club the Captain shall be Chairman, failing whom the Vice-Captain, whom failing, any other ordinary or honorary member of the Club whom the meeting shall by a majority determine. All matters competently before the meeting shall be determined by a majority of the members present and voting. The chairman shall have a casting as well as a deliberative vote. A quorum for all meetings shall be ten.
- Only ordinary and honorary members shall have the right to vote at General Meetings and Special Meetings.
- No alterations of the Rules shall be competent except at a General Meeting. For the Annual General Meeting notice of motion by any ordinary or honorary member of any proposed alteration shall be sent, in writing to the Secretary, not later than the 15th of September. A copy of the proposal shall be exhibited in the Club House.
- V. MEMBERSHIP
- Membership is open to all and no application for membership will be refused on other than reasonable grounds. There will be no discrimination on grounds of age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, political or other opinion. Applications may be made by e-mail, in writing or by using an application form which can be obtained from the Secretary or website. Applications must contain the full name and permanent address of the applicant and lodged with the Secretary at least fourteen days before consideration by the Council of Management. A person may not be refused membership of Cullen Golf Club and it’s facilities without good reason. Should a person be refused membership they have the right of appeal, this should be in writing and addressed to the Council of Management for discussion at the next committee meeting.
- The election of all members shall rest with the Council.
- ORDINARY MEMBERS
- Except as otherwise provided in respect of country members and social members, temporary members, supernumerary members, gentlemen and ladies who have paid Annual Subscriptions shall be ordinary members of the Club. Every new application for membership must be submitted to the Secretary on the prescribed form. The Council shall consider applications for admission and if approved shall be signed by the Secretary. There is a right of appeal against any unsuccessful applications.
- Objections to the application may be lodged with the Secretary for consideration. All such objections shall be regarded by the council as strictly confidential. The applicant shall be advised before the application is placed on the board that any such objections would have the quality of absolute privilege.
- On admission of any ordinary member he or she shall be issued with a copy of the Constitution and Rules and request for the Subscription. Failing payment within one month thereafter, the new member’s name may be struck off the roll of members by the council and the member shall not be entitled to the privileges of the Club House until the Subscription is paid.
- Persons who have rendered outstanding services to the Club or in furthering the game of golf may be admitted as honorary members on such terms and conditions as the council May decide.
- Terms shall be as fixed by the Council from time to time and shall be displayed in the Club House, and the prescribed Green Fees shall be payable in advance.
- Gentlemen and Ladies temporarily resident in the district may be admitted as temporary members on payment of the Green Fee applicable which shall be paid before such member uses the Club House or the Course in any way. Such temporary membership shall be for periods as follows:- one day; one week; two weeks; three weeks; one month. On payment of the Green Fee by temporary members they shall obtain tickets of membership stating the name and address and period of membership and the fee paid and the ticket shall be produced on demand to any official or servant of the Club.
- The Council shall have power to admit as temporary members, with or without payment, to the privilege of the Club House and Course for one or more days, members of other recognised Golf Clubs or Associations for the purpose of engaging in a match or competition. The names and addresses of such members shall be exhibited in the Club House prior to the match. Such members shall be considered as members for the days of the competition only.
- Temporary members are debarred from competing in Club Competitions other than Open Competitions and from taking part in the management of the Club.
- COUNTRY MEMBERS
- JUNIOR MEMBERSHIP
- Junior membership is open to young persons who are under 18 years on 31st January. Junior members may take part in Club Competitions on payment of the full entrance fee for the Competition and subject to maximum handicap of 18 strokes. Junior members on reaching the age of 18 years may be transferred to the roll of ordinary members without application as required under Rule 23, provided they have been junior members for at least one year.
- SUPERNUMERARY MEMBERS
- Names of members leaving the district and members known to be living abroad shall be placed on a role of supernumerary members. Such members on their return to the district may be re-admitted as ordinary members on payment of the Subscription for the year then current.
- Gentlemen and Ladies may become non-playing members restricted to the privileges of the Club House on payment of the requisite Subscription. Non-playing members are debarred from taking part in the management of the Club. Conditions of application shall be as for ordinary members (Section VI. Items 23 to 25).
- All subscriptions are payable in advance. Subscriptions for all classes of members shall be fixed annually at the A.G.M. for the ensuing year commencing on 1st January. The subscriptions for the ensuing year shall remain in force until altered by an A.G.M.
- The annual Subscriptions are due on 1st January for the year commencing at that date and must be paid not later than 31st January, otherwise membership may be suspended, and no member whose Subscription is in arrears at 31st January shall play in any competition or vote at any meeting until the subscription is paid.
- In the event of any member willfully violating any of the rules of the Club or conducting himself or herself in such a manner as in the opinion of the Council is objectionable or likely to injure or discredit the character of the Club, the Council shall be entitled to suspend such members from all rights and privileges of the Club. Such suspension shall become final at the expiry of two months from the time of intimation to the member and his or her membership shall cease unless the Appeal Process has been entered into or the Council has withdrawn the suspension within that time or unless the Council’s decision has been over-ruled by a General Meeting or Special Meeting of the Club duly called within that time to consider the matter. Voting at such meetings shall be by ballot paper.
- Any ordinary, honorary, non-playing or temporary member may introduce not more than four guests per day to the privileges of the Club House and Golf Course. The introducing member shall be responsible for his or her guests’ compliance with the Rules and Bye-Laws of the Club. The introducing member shall enter his or her name and the names and addresses of the guests, with the date of visit, in the visitors’ book in the Club House and shall enter the names of the guests in the guest section of their diary which must be signed by the person responsible on the day for issuing tickets. A guest shall not be supplied with excisable liquors in the Club premises except on the invitation of, in the company of and bona fide entertained by a member. A guest may remain in the Club House only so long as accompanied by the introducing member.
- A member paying his or her Subscription is considered thereby to have submitted himself or herself to the Rules of the Club both as to the restrictions enjoined and the penalties imposed and on these conditions alone is entitled to enjoy the advantages and privileges of the Club. Each member shall communicate his or her address from time to time to the Secretary and all notices sent to that address shall be considered as duly delivered.
- The whole ordinary members of the Club shall be bound pro rata to indemnify the Council or any Committee or individual member thereof against all liabilities likely, properly or reasonably incurred by them in the management and for behalf of the Club and also against liability for all claims made against them as agents, trustees, and the official representatives of the Club in any decision or act either of commission or omission made or done in the exercise of their duties except in so far as such claims may be due to willful misconduct.
- The members shall defray whatever expense they have incurred before leaving the Club House and the Steward has strict orders to refuse credit. Names of members failing to comply with this rule shall immediately be reported to the Council.
- All complaints shall be made to the Secretary, in writing, and shall be signed by person or persons complaining. No complaint shall be considered unless this procedure is followed. The Secretary shall submit all complaints so made to the Council which shall take such action thereon as it may consider necessary. Except in the case where urgent action is required, any member against whom a complaint is made shall be given full opportunity to make representations on their own behalf prior to the Counil making a decision.
- No poster or document of any kind shall be placed on the notice board in the Club House or on the walls thereof without the consent of the Secretary or the Council.
- A certificate of registration of this Club under the Licensing (Scotland) Act 1976 is held on the premises.
- No excisable liquor shall be sold or supplied at any time to any person under the age of 18 years.
- No excisable liquor shall be sold or supplied in the Club premises for consumption off the Club premises on Sundays nor except to a member of the Club in person for his own consumption on any other day.
- The Club may be wound up at a Special General Meeting of which notice shall have been given in terms of Rule 17 provided that a resolution of such winding up is passed by a majority of not less than two-thirds of the members present and voting. At such a Special Meeting voting shall be by ballot paper.
- If in the passing of such a resolution it is ascertained that there is a surplus of liabilities over assets each ordinary member of the club at the time of passing such resolution shall be liable for his or her share of such surplus liabilities up to an amount not in excess of one year’s subscription and shall make payment thereof to the Council within one month of receiving a notice demanding payment. Failing payment within the said period the council shall be entitled to take all necessary steps against any such defaulting member to recover the amount due. No profits or surpluses will at any time be distributed to members and if upon the winding up or dissolution of the club there remains after satisfaction of all its debts and liabilities any property whatsoever the same shall be given or transferred to some organisation or organisations having objects similar to the objects of the Club, such organisation or organisations to be determined by the members of the club by resolution passed at a General Meeting at or before the time of the dissolution and insofar as effects cannot be given to such provision then to some charitable object. All profits or surpluses generated by Club activities shall be devoted to maintenance or improvement of Club facilities.
- The whole property of every description belonging to the Club shall be vested in the Council for behoof of the Club and the Council shall have full power to act in all actions or proceedings it may consider necessary and shall be taken in the name of the Council representing the Club.
- Neither the Club nor the Council shall be responsible for any property belonging to a member left by him or her in any locker or other place in the Club House or on the Course.
III. POWERS OF COUNCIL
(a) Intimation of the place and time of the meeting;
(b) Intimation of any motion to be submitted to the meeting;
(c ) A note of the ordinary business to be transacted at the meeting.
Copies of the audited Accounts will be available at the meeting to members attending at the A.G.M.
(a) The place, time and date of the meeting;
(b) The persons at whose request the meeting is called;
(c ) The purpose for which the meeting is called.
21A. The membership of the club shall comprise:-
(a) Ordinary Members
(b) Honorary Members
(c) Junior Members
(d) Country Members
(e) Temporary Members
(f) Supernumerary Members
(g) Non-Playing Social Members.
VII. HONORARY MEMBERS
VIII. TEMPORARY MEMBERS
31 Gentlemen and Ladies permanently resident outside the district of Cullen and Portknockie and who are fully paid ordinary members of another recognised Golf Club, may be admitted as country members subject to the same procedure as laid down for ordinary members. Country members are debarred from competing in Club Competitions other than Open Competitions and from taking part in the management of the Club.
XII. NON-PLAYING SOCIAL MEMBERS
XIV. EXPULSION OF MEMBERS
X1V(1) APPEALS PROCESS
37 (a) In the event of a member being suspended under Rule 37 the member shall have the right to appeal,. Written request for the right to appeal must be communicated to the Secretary within four weeks of the date of suspension. As soon as reasonably practicable copies of any complaints and other relevant documentation will be sent to the member. The member shall have three weeks from the date of the documentation being sent to communicate in writing to the Secretary written representations and any other relevant documentation that the member wishes to be considered. If additional time is required by the member to submit the representations and documentation this must be requested by writing to the Secretary. As soon as reasonably practicable a quorum of Council members shall be randomly selected to consider the Appeal, The member will be advised in writing as soon as reasonably practicable of the name of the Council members forming the quorum. The member will have a period of seven days from the date of the Council members names being sent to communicate to the Secretary any written objections (together with the reasons for the objections) to the Council members selected. Requests for additional time or objections to the Council members will be considered by a separate quorum of Council members. The decision of the separate quorum shall be communicated to the member in writing within fourteen days of receipt of the request for additional time or objection, their decision shall be final and binding. The quorum of Council members shall meet as soon as reasonably practicable and consider all the documentation submitted. The decision of the quorum shall be communicated to the member in writing within fourteen days of receiving the written representations or the decision of the separate quorum whichever is the latter, their decision shall be final and binding. It shall be at the discretion of the Council to retrospectively allow the right of appeal to any member who has been suspended between 1st January 2003 and the date of adoption of this rule. It shall be at the discretion of the Council to vary time limits contained in this rule, in these circumstances the member will be advised in writing of the varied time limits. For the purposes of Appeals Process only three Council Members shall form a quorum.
XVII DISSOLUTION OF THE CLUB