Club Rules

CLUB GENERAL RULES

1 The Club shall be known as the ‘Forth Cruising Club’ (hereafter known as the ‘Club’) and shall have its headquarters at Capernaum House, 40 Brucehaven Road, Limekilns, Fife. KY11 3JR.

2 The objectives of the Club are:
· To encourage locally all types of sailing and boating.
· To form a social centre and organize social functions for those interested in the sport
· To organize an annual regatta.

3 The Club burgee and official colours shall be executed in blue and yellow.

4 There shall be two General Meetings annually, the Spring meeting in March and the Annual General Meeting in October or November. At least seven days notice, in writing, shall be given of the General Meetings. A Special Meeting of members may be called by the Club Committee (Q.V.) or on the request, in writing, of at least three members, the object of any such meeting being specified to the Secretary and at least 72 hours notice being given. One-fourth of the membership of the Club to form a quoram at requested Special Meetings.

 5     The Club shall consist of the following Member categories and subcategories:

A    Single/Family Member

B    Junior Member

C    Community Member

D    Honorary Member

For a boat owner, the following subcategories are additional to any of the above:

1    All boats (including sailing dinghies)

2    Sailing dinghies (without mooring)

6    Subcategories 1 or 2 are for Members who wish to keep boat(s), trailers or other equipment on Club premises.  It also includes the use of all facilities (ie workshop/store, water, electricity), storage on Club hard standing and the participation in Club sponsored events, ie racing etc. (See also Rule 64 – insurance.)

Subcategory 1 has an additional entitlement to apply for a Club mooring and access to a crane hired for crane-in and crane-out on payment of a separate fee.

7    Application for membership will initially be via the Secretary.  Prospective applicant’s name, town of residence and proposed membership category will be displayed on the Club notice board for a period of not less than 2 weeks to allow current members to comment on the proposed membership.   The application, including category of membership, will be considered by the Committee and the outcome recorded in the Minutes.  Applicants will thereafter be informed of the Committee’s decision and successful applicants admitted as members of the Club on timeous payment of the specified fees.

8    Members may transfer from one category of membership to another subject to the approval by the Committee and payment of any specified fees.

9    SINGLE/FAMILY MEMBERSHIP (A) applies to those aged 18 or over.  Family membership includes husband/wife/partner and all children up to their 18th birthday, or 24th if in full time education or training and whose main residence is with their parents.  Each Single/Family Member aged 18 or over will have full voting rights at all General and Special meetings of the Club.

10    JUNIOR MEMBERSHIP (B) applies to persons aged 12 -17 years.  Although welcome to attend at all open meetings, Junior members will have no voting rights.

11    COMMUNITY MEMBERSHIP (C) applies to groups or Associations with an interest in boating.  Community membership will carry no voting rights.

12    HONORARY MEMBERSHIP (D) is conferred by the Committee on members who have rendered exceptional service to the Club.  These members may attend all meetings and functions of the Club and enjoy the same rights as Single/Family members (Category A).  For boat owning Honorary Members subcategories 1 and 2 will apply.

13    Not used.

14 The post of Honorary Commodore may be created as a special office, to be conferred upon a distinguished member of the community as patron of the Club, after a proper resolution passed at an A.G.M. or S.G.M. Thereafter the post will be held for life or until the resignation at his/her request of the Honorary Commodore.

15 All dues, charges and subscriptions are payable in advance and subscriptions must be paid by 1st September each year The amount of such dues, charges and subscriptions shall be recommended by the Treasurer at the A.G.M. .The committee has the discretionary power to modify any individual subscription, taking into account individual circumstances.

16 Any members in arrears after the 1st September will be deemed to have resigned. Re-application and payment of a joining fee will be required to reinstate membership.

17 The Club is a non-profit making organization. All profits and surpluses will be used to maintain or improve the Club’s facilities. No profit or surpluses will be distributed. In the event of dissolution the assets shall be applied to the Royal Yachting Association (Scotland) being the sports governing body, for use in related community sport (or failing this, a registered charity, to be determined by a General Meeting of the Members).

18 The Club shall be governed by the Club committee, which with the exception of the President shall be elected annually at the A.G.M.
The committee officers and duties are as follows:

19 HONORARY PRESIDENT The office of Honorary President shall be regarded as a distinction conferred on a member who is still actively interested in the Club and who has previously given exceptional service to the Club whilst an office bearer.

20 COMMODORE The Commodore will act as chairman at all Club Meetings and Club committee meetings and will have the casting vote at these meetings. He/she will be responsible for the general policy and activities of the Club and will supervise the functioning of all other office bearers and Committees.

21 VICE-COMMODORE .The Vice-Commodore will be concerned with all matters pertaining to racing. He/she will also deputise for the Commodore at meetings, as required. He/she will be responsible for all Club trophies

22 REAR COMMODORES – there will be three Rear-Commodores:

23 REAR-COMMODORE (CLUBHOUSE). The R-C (Clubhouse) will be concerned with the organization of maintenance work etc, on the Clubhouse and Starters Box, and will be responsible for all matters pertaining to them.

24 REAR-COMMODORE (PIER & MOORINGS). The RC (Pier and Moorings) will be concerned with the organization of maintenance work etc, on the Pier, moorings and equipment and will be responsible for all matters pertaining to them.

25 REAR-COMMODORE (CLUB BOATS) The R.C. (Club Boats) will be solely responsible for the Maintenance of Club boats, engines and approval of crews. The Club boats will be based on and operated from the Club pier. He will also have responsibility for the workshop and the contents therein.

26 CRUISING CONVENOR – The Cruising Convenor’s duties will be to promote an interest in cruising among Club members. He/she will prepare the annual Club cruising Programme and will be responsible for all arrangements pertaining to each cruise. He/she will also organize Crane-in and Crane-out.

27 SECRETARY – The secretary will keep a record of the Minutes of General and special meetings of the club. He/she may also be asked to keep records of meetings of the club Committee. He/she will attend to all correspondence and general business of the Club and will inform the Club Members of all forthcoming meetings

28 TREASURER –The Treasurer will keep correct accounts and books showing the financial affairs and intermissions of the Club. He/she shall prepare an annual Balance sheet as at the 31st August for submission to A.G.M. and will advise the members at that meeting of the financial status and commitments of the Club, making recommendations as to the amount of future expenditure and Annual Subscriptions. All withdrawals from the Club accounts will require two signatures, the Commodore, Treasurer and Secretary having authority to sign. The accounts and balance sheet will be audited before the A.G.M. by an auditor who will have been appointed at the Previous A.G.M. but who will not be a member of the Club committee. The committee may request a statement of the Club’s financial position at any of their meetings.

29 SOCIAL CONVENOR –The Social Convenor will organize all social functions of the Club, and will also be responsible for all aspects of running the bar.

30 The Club Committee will therefore comprise of the Honorary President; the Commodore; Vice-Commodore; 3 Rear Commodores; Cruising Convenor; Secretary; Treasurer; and Social Convenor. They will meet monthly or as required to discuss all matters pertinent to the well being and progress of the Club. All major decisions affecting policy and finance at committee meetings shall be ratified by the membership at a General or Special meetings.

31 With the approval of the Committee any member of the committee may be assisted in his/her duties by other members of the Club.

32 The committee may appoint a replacement in the event of a committee member being unable/unwilling to continue in the post during the year. That post will then be open to election at the next General Meeting.

33 A member may resign during the sailing season on giving a fortnight’s notice to the Secretary.
And provided that the current subscription and all other dues are paid, the Club will accept such resignations. Otherwise the Club member remains liable for his\her share of any liabilities incurred by the Club. A resignation having been accepted, the resigning member will immediately return to the Rear Commodores any Club property in his\her possession and will, ipso facto, forfeit all rights and claims on the Club, its properties and funds.

34 The Club will have the power to expel any member, by ballot, at a General or Special meeting. The motion to expel will be moved by the chairperson and will not require to be seconded. A member expelled will, ipso facto, forfeit all rights and claims upon the Club, its properties and funds and immediately returning to the Rear Commodores any Club property in his\her possession

35 All sailing races will be held under current RYA Rules. The Vice Commodore will have full control of all races. All disputes will be decided by a committee decided by the Vice Commodore using the procedures laid down by the RYA. In all Club events personal buoyancy aids are to be worn by each member of the crew of dinghies and dayboats. This will also apply when the Club boats are used.

36 The Club may amend the Rules or add to them at any General Meeting, provided that four fifths of the members present agree to such alterations or additions.

37 The Committee may delegate any specific matter to a sub-committee chosen by them.

38 All boats operating from the Club will require to be indemnified for Third Party liability (see rule 64).

39 The Club does not accept responsibility for the security of members’ property left or stored on Club Premises.

40 On resigning from the club, a member should remove all personal property from Club premises. Any unidentified property that has not been removed and remains unclaimed, after having details displayed on the Club notice board and in the Club newsletter will be handed to the police as lost property. Any derelict/deserted gear should be notified to the committee to consider disposal.

41 ABANDONED BOATS:
If at any time any charges payable to the Club by any member or former member are three months or more in arrears:
· The committee will be entitled to move the boat to any part of the premises without being liable for any loss or damage to the boat howsoever caused.
· The committee will be entitled upon giving one month’s notice in writing to the member or former member, at his/her last known address, shown in the register of members, to sell the boat any monies due to the Club (whether by way of arrears of subscription or mooring fees or otherwise) from the net proceeds of sale before remitting the balance (if any) to the member or former member.
· Alternatively, any boat, which in the opinion of the committee cannot be sold, may, upon such notice as aforesaid, be disposed of in any manner the committee may think fit and any expenses incurred, recovered from the member or former member. Any arrears as aforesaid will be deemed a debt owing to the Club by the member or former member.
· Further, the club will, at all times, have a lien over members’ or former members’ boats parked or moored on the Club’s premises or club moorings in respect of monies due to the Club, whether in respect of arrears of mooring fees or subscriptions or otherwise.

REAR COMMODORES’ RULES

42 CLUBHOUSE/WORKSHOP – The facilities of the clubhouse will only be available to members of the various categories who are currently in good standing with the Club. These Clubhouse rules will be interpreted in this light.

43 Friends of members are welcome to make use of the facilities of the Clubhouse when accompanied by said member, but any friends of members who make more than casual use of the facilities will be expected to apply for membership of the Club.

44 Visiting members of other yachting or sailing clubs who arrive by sea will be welcome to use the facilities of the Clubhouse for the period of their visit.

45 Every member is entitled to entry to the Clubhouse and Workshop and the key to the Starters Box, obtainable from the RC (Clubhouse).

46 The last member to leave Club premises are to ensure that they are left lockfast.

47 The Office, Storerooms and Bar are to be regarded as out-of-bounds to ordinary members. Access to those areas is reserved for the use of Committee Members and other authorized members.

48 The general tidiness of the Clubhouse and all the property occupied by the Club is every member’s responsibility. Members are exhorted to all areas tidy.

49 Wet sailing clothes and soiled working clothes are not to be worn by persons using the Club Lounge.

50 Light craft, inflatables, masts, spars, oars and other gear belonging to members may be kept or repaired in the workshop at the discretion of the RC (Club Boats) and should be clearly marked with the owner’s name.

51 During the sailing season the exit of and for, the Club boats must not be impeded.

52 Animals are not permitted in the Clubhouse.

53 The Clubhouse May be closed by decision of the committee provided an appropriate notice has been posted in advance on the Clubhouse notice board.

54 BAR – The committee will have the authority to prescribe the hours during which the bar will be open for the sale of alcoholic liquor within the provisions of the hours granted by the local licensing authority as permitted by the Licensing (Scotland) Act

55 No person under the age of 18 will be served with alcoholic liquors.

56 No member of the committee, manager or servant employed in the Club may not have any personal financial interest in the sale of drink or other goods.

57 No visitor will be supplied with alcoholic liquor on the Club’s premises unless on the invitation and in the company of a Member, and that member will, upon the admission of such visitor to the Club or immediately upon his being supplied with such liquor, enter his own name and the name and address of the visitor in a book which will be kept for that purpose and will show the date of each visit.

58 No liquor will be sold or supplied in the Club Premises for consumption off the premises except to a member of the Club in person,

59 PIER AND MOORINGS – Moorings policy with regard to layout, type and method of allocation, will be decided by Club members at a General Meeting.

60 Physical location/layout of moorings will be set by the RC (Pier and Moorings) in line with prevailing policy.

61 Application for moorings is to be made annually on the Boat Registration Form

62 Allocation of moorings will be at the discretion and decision of the R.C. (Pier and Moorings) in line with current mooring policy and will be published in ample time prior to the sailing season.

63 Allocation of moorings will be made to current members in the Boat Owner Category, See ‘Cadet Membership’ for rules pertaining to cadets.

64 All craft whilst within the boundary of the Club premises, or while participating in Club events, are to be insured to at least third party standard, the insurer and policy reference number being given on the Boat Registration Form.

65 There is no right to a mooring by a new owner if a craft changes hands during a sailing season. There is no automatic right to a mooring if a craft changes hands during the sailing season, nor is there an automatic right to retain a Club mooring if a member ‘upsizes’ his boat. This must be discussed and approved by the RC (Pier and Moorings) who will determine the current mooring’s suitability or the possibility of re-location.

66.    Supply and maintenance of ground tackle (ie chains etc) is the responsibility of the craft owner and must be as follows:

Craft up to 22 ft LOA         -  min 10 mm new wearing to 6 mm min
Craft 23 ft to 30 ft LOA      -  min 12 mm new wearing to 8 mm min
Craft 31ft LOA plus           -  min 16 mm new wearing to 12 mm min

The specification for new/replacement chains will commence 2012 and will not apply retrospectively.  RC Pier and Moorings will carry out random checks throughout the season.

67 Ground tackle must form a ‘V’ at bow and stern, right up the waterline for connection to strops. The purpose of this being to hold the craft within its 4 sinker ‘box’ at all positions of wind and tide.

68 Responsibility for the suitability (ie fitness for purpose) and the integrity of the complete mooring lies wholly with the boat owner.  This includes all strops, chains, shackles and the mooring sinkers.  This equipment should be regularly checked by the boat owner and RC Piers and Moorings notified if a replacement/more suitable sinker is thought to be required.  Mooring strops should be protected from chafe where the owner feels it to be appropriate.

69 RC (Pier and Moorings) has the right to re-allocate any mooring not taken up by mid-June.

70 The location of craft and equipment (laid-up or otherwise) on the pier is at the discretion of the RC (Pier and Moorings)

71 Application for space near davits for tenders is to be made on the Boat Registration Form and will be allocated by RC (Pier and Moorings)

72 Use of slipways is for members only and any use by non-members should be challenged

73 In the interests of keeping facilities tidy all members are required to remove as much gear as possible during the sailing season, i.e. trailers, blocks cradles etc.

74 Dog fouling is prohibited and owners should be challenged if witnessed.

75 Operation of powered davits is restricted to those members aged 18 or over. Non-powered davits are restricted to those members 12 years or over unless accompanied by an adult.

76 Both North and South pontoons have a maximum stay limit of two days in any one week for short term maintenance, visitors, catching the tide, loading /unloading etc.

77 The mid pontoon is available for; loading/unloading only but may be used by visitors or for emergencies if the other pontoons are in use.

78 Members/visitors are to contact RC (Pier and Moorings) if extended time limits are envisaged.

79 Pontoons are not to be used as an alternative mooring as they are not designed for this purpose and contravenes mooring policy.

80 Members and visitors must adhere to any additional guidelines on pontoon use displayed at the pier and included in this handbook.

81 The Club will not in any way, be held wholly or partly responsible for any damage incurred for whatever reason to any person/vessel using the Club facilities. Members are strongly advised to remove all sails; sail covers; dodgers; spray hoods and any other equipment vulnerable to damage prior to any craning operation.

82 No smoking is to take place within any enclosed space controlled by the Club.

83 Sailing is not permitted in the harbour (except in the case of an emergency on return to port.)

84 All inflatable dinghies must be removed from the workshop in the period between crane-out and crane-in. All ladders must be removed between crane-in and crane-out.

85 PRIVATE CRANE-IN/CRANE-OUT
· Any crane must be fully insured for all third party risks
· The lifting/swinging area must be cordoned off to all those not involved in the operations, including members of the public
· All those involved in the lift must wear hard hats
· The crane or other lifting vehicle must be of sufficient capacity and swing to undertake the operation.
· The date selected must not be a day when a Club event is on the calendar. i.e. Race/Cruise start or finish, or any other main event.
· Wherever possible, weekends should be avoided when the Club is liable to be busy.
· The R.C. (Pier and Moorings is to be informed, in writing, of the proposed date as soon as possible. A written response will be made indicating whether the date chosen is suitable, or not.
· Failure to conform to these procedures may result in the lift being stopped and the crane turned away. The Club has a duty of care to all those on its premises, Club members or otherwise

Addendum 1 -
Modifications to the Club’s rules required by the Fife Licensing Board
(their letter FJ/NC/LB735/JK Dated 5 May 2009 refers.)
In addition to those existing rules in the Club’s handbook relating to the operation of the bar and other requirements of the The Licensing (Scotland) Act 2005 The following mandatory provisions are required to be stated specifically as part of the License terms:

1. The business of the club is to be under the management of a committee or other governing body elected by the club.

2. No person under the age of 18 is to be admitted as a member of the club (unless the club is devoted primarily to some sporting purpose or is a students’ union); students union of university or further education college).

3. No member of the committee or other governing body and no person employed by the club is to have any personal interest in the sale of alcohol on the club premises or in the profits arising from such sale.

4. Other than when an occasional license has effect, no person is to be supplied with alcohol on the premise sunless that person is
(i) a member of the club;
(ii) a person who is on the premises at the invitation of a member of the club and is accompanied by that member; or
(iii) a member of another club which meets the requirements of 125(1) of Licensing Scotland Act 2005

5. Where a person referred to in sub-paragraph (4)(ii) is supplied with alcohol on club premises when an occasional license is not in effect, there is to be entered in a book kept for the purpose-
(i) the date in question;
(ii) the name and address of the person; and
(iii) the name of the member accompanying the person.

6. Correct accounts and books are to be kept showing the financial affairs and intromissions of the club.

7. The club has to have at least 25 members to be properly constituted.

8. No member of the club is to be allowed honorary or temporary membership of the club or to be relieved of the payment of the regular entrance fee or subscription:
(i) except to allow participation in the activity which is the prime purpose of the club; and
(ii) except in accordance with the specific provision set out in the club rules.

Updated 2008 (with 2009 License Addendum (1) July 2009)