1. Name

The name of the Club shall be “Ashton & Lea Golf Club”, (hereinafter referred to as “The Club”). The Ashton & Lea Golf Club Limited, (hereinafter referred to as “The Company”), is a limited company whose objects are, amongst other things, to provide facilities for the Club in accordance with the Club’s objects as hereinafter defined and further to govern, manage and control the Club in the best interests of all its Members. The directors of the Company are hereinafter referred to as “The Board of Directors”.

2. Objects

The Club is formed to provide for the Members a golf course and Club house, and such further or other facilities for recreation, refreshment or otherwise as the Board of Directors shall from time to time determine. 

3. Categories of Membership

(a) Membership of the Club is open to all of the community without discrimination.

(b) The Club shall consist of the following categories of Member:

• Full Members
• Intermediate Members.
• Student Members
• Lifestyle Members
• Junior Members.
• Country Members.
• House Members.
• Honorary Members
• Golf Start Members
• CASC Members*
  
  

Of the foregoing classes of Membership only those classes marked with an asterisk thus “*” are entitled to vote at the Annual General Meeting of the Club and at such other meetings of the Club Members as the Board of Directors may from time to time convene, (such Voting Members being hereafter referred to as “the Voting Members”).

(c) It is at the discretion of the Board of Directors to create additional categories of membership to ensure the membership revenues of the club are maintained or increased.

(d) The overall number of Full Members of the Club at any one time excluding House Members shall not exceed 650. However, this may be exceeded in the short term at the discretion of the Board of Directors.

(e) The overall number of Junior Members of the Club at any one time shall not exceed 100.

(f) Honorary Members shall not be included when calculating the number of Members in each category of Membership. The rights of Honorary Members are maintained

4. Shares

The capital in the Company consists of “A” shares and “B” shares. Only presiding directors of the Company holding office as such are permitted and required to hold “A” shares and do so strictly upon trust for the Full Members, (the Voting Members), of the Club and for holders of the “B” shares.

Upon retirement, incapacity, expulsion or dismissal from the Board of Directors, a director shall under the terms of his appointment as such transfer his “A” shareholding to the incoming director replacing him.

All directors must hold an equal Shareholding thereby enjoy equal voting rights at meetings of the Board of Directors and at any Company meetings.

Holders of the “B” shares have no rights to attend or vote at Company Meetings.

DISTRIBUTION OF PROFITS

On dissolution, after discharging all proper debts and liabilities of the Club, its net assets are to be given or transferred to either the sports governing body for use in the community related sport or another Community Amateur Sports Club (CASC) within the scheme or charity.

5. Application for Membership

(a) Membership shall be at the sole discretion of the Board of Directors.

(b) The name, address and occupation of an applicant for any class of Membership shall be set out in a form from time to time prescribed by the Board of Directors.

(c) Names of all applicants must be displayed on the Club Members Web Site and any new membership acceptance will be subject to an initial 90 day probationary period.

(d) The Board of Directors shall maintain waiting lists of approved applicants for each category of Membership as defined in Rule 3(a). Such waiting lists shall be made available to members if they wish to see them.

6. Members

(a) Membership of the Club shall be under the sole control of the Board of Directors. The length of a Member’s Membership shall normally be one year but the Board of Directors shall be at liberty to grant Membership for any shorter period they shall deem appropriate in any particular instance. A list of Members showing thecategory of Membership shall be kept by the Board of Directors of the Club and be available for examination by any Full Member of the Club upon request.

(b) The confidentiality of the list of Members will be observed and respected by all Members at all times and no part of the content thereof will be revealed or disclosed to any non-Member of the Club or utilised for any purposes of private gain whatsoever without the prior permission in writing of the Board of Directors (subject to current Data Protection Legislation).

(c) Junior Members shall only be admitted as such whilst under the age of 18 years at the commencement of the Club and Company’s current financial year. Any person having been a Junior Member of the Club may upon attaining the age of 18 years transfer to Intermediate Membership without paying a joining fee.

(d) Intermediate Members shall be admitted as part of the Full Members category, as defined in rule 3 (b). The maximum age for Intermediate membership is up to and including 29 years of age.

(e) Any member between the ages of 16 and 25 years, and upon satisfactory proof of the place and course of study being furnished annually to the Board of Directors, shall be entitled to request concessionary membership until that course of study is completed.

(f) Honorary Members: The Board of Directors may by a vote of two thirds of those present at any of their meetings appoint any person to be an Honorary Member of the Club either for life of for such other period as the Directors may deem expedient and may likewise rescind such appointments. An Honorary Member shall be entitled to full privileges of Membership without payment of the annual subscription to the Club. If an Honorary Member also qualifies as a Full Member of the Club then he shall also be a Voting Member of the Club.

(g) Country Members shall include Full Members from other Golf Clubs permanently residing outside a thirty-mile radius of the Club house but such Members shall not be entitled to play in Club Competitions. 

(h) House Members shall include those Members only entitled to participate in Club activities held within the Clubhouse

7. Subscriptions and Fees

(a) Subscriptions from Members shall be paid in accordance with their chosen membership payment option. Membership is a binding contract for the full agreed term and commits Members to pay the full term subscription.

(b) Entrance fees may be levied from time to time, the payment of entrance fees will be at the discretion of the Board of Directors,

(c) New Members shall be supplied with a copy of these Rules upon admission to Membership (and shall be expected to familiarise themselves with their contents) but shall not be entitled to any privileges of Membership until their entrance fee and any subscription dues shall have been fully paid. 4

(d) Subscriptions are due on the anniversary of their joining. Members shall not be entitled to enjoy any of the other privileges of the Club until full payment or a direct debit arrangement has been made of the subscription dues.

(e) Entrance Fees and Subscriptions are normally payable by all new Members or those renewing their Membership after a period of lapse but in respect of the latter an entrance fee may be waived by the Board of Directors in any particular case and at their discretion.

(f) Persons wishing to re-join after a Membership break shall be duly obliged to settle in full any outstanding amounts due from previous years or otherwise at the discretion of the Board of Directors.

(g) Refunds of any Subscriptions or Entrance Fees shall not normally be made although in appropriate circumstances and at their discretion, the Board of Directors may make a refund of all or part of any Subscription or Entrance Fee.

(h) Rates of Subscriptions, Entrance Fees and Green Fees and the dates upon which they are payable shall be fixed and revised by the Board of Directors as they in their absolute discretion shall determine and the same shall be displayed on the Club Web Site together with the appropriate due by date.

(i) The Board of Directors may make short term reductions or membership offers as they see fit to promote membership of the club.

(j) Any Member not having paid all Subscription or Entrance Fees within one Calendar Month of the due by date shall cease to be a Member of the Club and shall be obliged to reapply for admission to the Club, which shall be at the sole discretion of the Board of Directors.

(k) With the exception of Junior Members all other Members of the club will subscribe to the Club Subscription System (cashless bar). At the beginning of each calendar year a charge will be made on each member’s club Smartcard. This amount will be shown on the annual subscription renewal. The amount of money charged will not exceed £40.00 and any increase above this can only be agreed at the club’s Annual General Meeting. Upon resignation from the club all monies left in a members Club Subscription (Bar and/or Professional shop monies unspent will be forfeited 90 days after resignation) account will be forfeited.

8. Management

(a) The Management of the Club shall rest with the Board of Directors who shall be not less than 7 and not more than 12 in number and who shall be Full Voting Members of the Club. The Directors will hold their voting “A” shares in the Company upon the terms of declaration of trust set out (in a Trust Deed) and shall ensure that each successive Director enters into a similar declaration upon taking office.

(b) Directors will be elected to office by Voting Members at an Annual General Meeting of the Club and shall be elected to office for a period not exceeding three years.

(c) Election of Directors to the Board of Directors shall take place as follows:

(i) Not less than 28 days before the Annual General Meeting of the Club, the Board of Directors of the Club shall post on the Club Web Site the names of all Retiring Directors who offer themselves for re-election together with a list for nominations of other Candidates for election together with names of Proposers and Seconders all of whom must be Full Members.

(ii) No person shall be nominated as a Director who has not previously consented in writing to be so nominated, such consent to be deposited with the Board of Directors of the Club upon nomination.

(iii) The names of all persons for re-election or election as Directors shall remain posted until 14 days prior to the Annual General Meeting of the Club.

(iv) In the event of there being more Candidates than vacancies, a paper ballot of Voting Members shall be held prior to the Annual General Meeting as defined in Rule 8 (c)(v), Any tie shall be decided by a re-election between any two tying Candidates by paper ballot of all Voting Members present at the Annual General Meeting.

(v) Voting for any election of Directors, will take place as follows. A notice listing the names of all Candidates will be posted on the Club Web Site 13 days prior to the Annual General Meeting. Those Voting Members wishing to vote must register in person with the Office Administrator during normal working hours or such other times as specified on the notice of Candidates, not earlier than 13 days and no later than 17:00 hours on the day before the Annual General Meeting or attend the Annual General Meeting to register their vote. The Office Administrator will issue the voting slip at the time of registration which must be completed at that time and not taken out of the office. The completed voting slip shall be posted in a sealed box held by the Office Administrator and located in the office.

(vi) Voting Members must vote for the full number of vacancies and must not vote more than one vote to any one particular Candidate otherwise any ballot paper deficient in this respect will be void.

(vii) The result of the election will be announced at the Annual General Meeting and published on the Club Notice Board.

(viii) The Board of Directors shall ensure that Companies House are informed of any changes in the composition of the Board of Directors as a result of annual elections, retirement etc.

(ix) Any vacancy existing or arising after the Annual General Meeting may be filled at the discretion of the Board of Directors without calling a meeting of Voting Members. Such Director shall be entitled to vote at Board meetings. Any Director appointed in this way shall retire at the next Annual General Meeting but shall be eligible for election at that meeting. 

9. Directors and Governance of the Club

(a) The Board of Directors of the Company will manage and administer the Club’s affairs in accordance with the Club’s Rules and Constitution and in accordance with the Company’s Memorandum and Articles of Association and so far as possible with the wishes of the Membership as expressed at the Annual General Meeting.

(b) An Annual General Meeting of the Club will be held once in each year at which all Members will be entitled to attend. All Members will be entitled to express their views at such Meeting and non Voting Members questions will be taken under “Any other Business” at the end of the Meeting. Any motions upon which Voting Members wish the Voting Members to determine shall be submitted in writing to the Board of Directors 28 days in advance of the Annual General Meeting for inclusion in the agenda. All such submitted motions shall be debated at the Annual General Meeting and a vote taken upon them. The Directors will through the rest of the year use their best endeavours to manage the affairs of the Club in accordance with the outcome of such motions.

(c) Upon a petition signed by not less than thirty Voting Members of the Club being presented to the Board of Directors, the Board will convene a special meeting of the Club’s Voting Members for the purpose of debating any motion presented with such petition.

(d) The Club in Meeting whether Annual, General or specially convened shall have the power by a majority, provided 75% of the vote cast are in favour, of those Voting Members present to require the Directors to call for the resignation of one or more of their numbers.

(e) The Board of Directors of the Company shall once a year elect a Chairman of the Company who shall also be Chairman of the Club for the purposes of its Annual General Meeting and any other such meeting and they shall enjoy such Chairmanship for a period of twelve months. The Board of Directors shall not conduct any business whatsoever without first having appointed a Chairman.

(f) In the event of there being any hung vote at a Board Meeting, the Chairman shall have a second or casting vote.

(g) The quorum of the Directors for transacting business shall be a majority of the total serving Directors. 

10. Committees

(a) The Chairman shall as soon as possible after their appointment invite the Directors of the Board to form Committees for the ensuing year. Such Committees to consist of Board Members of the Company and such other Members of the Club as the Board may determine to co-opt. The Chairman shall be an ex officio Member of all such Committees.

(b) The purchase and supply by the Club of intoxicating liquor shall be controlled by a House & Bar Committee consisting of not less than three Directors.

(c) Each Committee shall meet as and when required.

(d) Each Committee shall at its first meeting elect a Chairman from its Members before proceeding to any other matters.

11. Officials

(a) All staff of the Club shall be appointed by the Board of Directors at such remuneration and upon such terms as they think fit.

(b) Minutes of all Board Meetings shall be produced and retained by the Office Administrator.

(c) The Board of Directors shall be responsible for the induction of Members and of ensuring that the requisite notice is given to all Members of Club Meetings stipulated by these Rules.

(d) All Members shall address any complaints or suggestions to the Board of Directors.

12. Officers of the Club

The following officers of the Club (with the exception of the Presidents) shall be formally elected by way of confirmation each year at a special meeting of members held prior to the AGM. The Presidents shall be elected in accordance with paragraph (c).

(a) CAPTAINS. There will be a Men’s Captain and a Ladies’ Captain. The Captains’ year of office will follow their year as Vice-Captain. They shall be eligible for reelection to either office. They shall have the right to attend all Meetings of the Directors and Committees but as Captains’ they shall have no vote at these Meetings.

(b) VICE-CAPTAINS. There will be a Men’s Vice Captain and a Ladies’ Vice Captain. The invitation to the Vice Captaincy shall be made by the existing Captain, Vice-Captain and not less than three Past Captains. The Vice Captains must be Full Members of the Club. They shall have the right to attend all Meetings of the Directors and Committees but as the Vice Captains they shall have no vote at these Meetings.

(c) PRESIDENTS. There will be a Men’s President and a Ladies’ President. The invitation to be President shall be made by the Directors and shall be for a term of 2 years with an option for a further year if invited. The Presidents shall have the right to attend all Meetings of the Directors and sub-committees but as Presidents shall have no vote at these Meetings. The Offices of President shall be the Senior Offices of the Club.

(d) VICE PRESIDENTS. No more than two Members may be invited by the Directors to be Vice Presidents. A Vice-President may hold Office for a maximum of two years and shall have the right to attend all Meetings of the Directors and Committees but as Vice President shall have no vote at these Meetings.

(e) Honarary positions may be granted, these positions will be at the discretion of the Board of Directors. 

15. Intoxicating Liquor

(a) The Board of Directors shall have the power to fix the hours for the supply by the Club of intoxicating liquor during the hours permitted by law to Members and Visitors under the authority of the premises licence.

(b) Intoxicating liquor shall not be purchased by or supplied for persons under the age of 18.

16. Legal Proceedings

If any prosecution or other legal proceedings shall be taken against the Board of Directors or other Officers (or any of them) or Committees, for any act or omission in carrying out these Rules or any Club Business, then the same shall be defended by and at the entire expense of the Club

17. Conduct of Members.

(a) If the conduct of any Member of the Club shall give rise to complaint it shall be made in accordance with the clubs Disciplinary Procedure Rules.

(b) The Clubs Disciplinary Procedure Rules will be published on the club web site and updated by the Board of Directors as appropriate.

(c) The Board of Directors shall have power to deal with a Member in any manner they think fit including requesting a Member to resign, suspension or immediate expulsion.

(d) The Board of Directors shall have the power to suspend or expel any Member whose conduct outside the Club is or has been such as would bring the reputation of the Club into disrepute if it were known that the Member concerned was a Member of the Club.

(e) A Member requested to resign, suspended or expelled shall forfeit any Entrance Fees or Subscriptions which he has paid to the Club.

(f) The provisions of this Rule apply to all Members of the Club equally including the Board of Directors of the Company.

18A. Rules

(a) All Members will adhere to these Rules at all times and to any Bye-laws of the Club from time to time in force. It shall be the obligation of Members to keep themselves fully acquainted with such Bye-laws and with the provisions of these Rules.

(b) These amended Rules and this Constitution shall take effect from and supersede the preceding Rules as from 4 th April 2017.

(c) A copy of the Rules and the Club’s Bye-laws will be published on the clubs web site. 

18B. Alteration

(a) These Rules may be altered at the Annual General Meeting or at Special General Meetings.

(b) In the case of revisions proposed to be passed at the Annual General Meetings or Special General Meetings, Notice of any proposed revision must be given with Notice of the Meeting to be convened to consider such revision.

(c) No revision shall be carried into effect at an Annual General Meeting or Special General Meeting unless 75% of votes cast are in favour.

(d) In the case of any proposed revision to the Rules to be passed at an Annual General Meeting or a Special General Meeting such proposed revision will be posted on the Club Web Site at least 14 days before such Meeting shall be held.

19. Bye-Laws.

(a) All Members shall acquaint themselves with and abide by all Byelaws from time to time in force in the Club. In particular all Members shall abide by any published on course and clubhouse etiquette and dress codes.

(b) Any breach of Bye-laws or rules shall be dealt with by the way of the Clubs Disciplinary Procedure.

(c) The Directors are able at Meetings of the Board of Directors to effect or rescind any rule or Bye-law they may from time to time consider necessary for the well being of the Club, its property and its Membership.

20. Greens Committee Bye-Laws.

(a) The responsibility of the Greens Committee are:

(i) The general condition and upkeep of the Course;

(ii) To site the position of the tees for Competitions and Matches;

(iii) To determine practice areas.

(b) It is prohibited to bring any dogs or other animals on to the Course with the exception of assistance dogs.

(c) Members and other players will at all times observe the requests of Greens Committee Members in respect of the use of the Course.

(d) The Greens Committee shall be responsible for the upkeep of the Course, the Access Road, Car Park, Boundary Fences and Buildings upon the Course and also for the upkeep and renewal of Machinery used upon the Course and within the Club Workshop. 

21. Handicap Committee Bye-Laws.

1. The responsibilities of the Handicap Committee are:

(a) To fix and alter Handicaps;

(b) To arrange Club Competitions and Inter-Club Matches;

(c) To provide prizes for Competitions;

(d) To arrange the Annual Fixture List;

(e) To be responsible for the starting times Regulation.

(f) To produce and maintain the Handicaps policy document.

2. The Regulations governing entry to Competitions are as follows:

(a) The allocation of starting times and the constitution of Matches are at the absolute discretion of the Handicap Committee or their duly appointed Officer, except that the Captains, Vice-Captains, Presidents and Vice-Presidents are entitled to choose their own times for starting.

(b) No Member may enter a Competition until all Subscriptions and other Monies are paid.

(c) Members without an active handicap may enter any competition at the discretion of the handicaps committee.

(d) The Club will hold Men’s, Ladies and Mixed competitions. Members shall only be eligible to play in competitions applicable to their gender.

(e) Other regulations applicable to competitions are detailed in the Handicaps Policy document available in the Competition Room.

3. Members requiring Handicaps must submit 3 cards for consideration by the Committee.

22. House & Bar Committee Bye-Laws.

(i) The Clubhouse is to be open daily during the hours and on such conditions as may be decided from time to time by the House & Bar Committee save that the Board of Directors may at any time overrule any such determination of the said Committee and impose conditions of their own if in their absolute discretion they deem it appropriate to do so in the best interest of the Club.

(ii) No Paper or Notice, written or printed shall be put in the Clubhouse without the permission of the House & Bar Committee, or the Board of Directors.

(iii) No Member shall remove books, magazines or any article whatsoever which is the property of the Club.

(iv) Any loss or damage to the Club or its property by a Member of the Club or their Guest shall be made good by that Member of the Club. The responsibility of the Member for such damage shall be determined by a Disciplinary Sub-Committee at first instance and if the Member disputes liability then, upon an appeal to the Board of Directors, the Member shall be entitled to be heard on their liability at both instances. The damage caused shall be paid for on an indemnity basis by the Member in that the Club will be entitled to make good its loss upon the first estimate or price obtained and the Member will be contractually bound as a result 12 of their Membership of the Club to repay the expenditure incurred by the Club and Company. 

(v) Neither the Club nor the Company shall be responsible for the property of Members, Members Guests or Visitors and it shall be the obligation of every Member to convey this to their Guests.

(vi) It is prohibited to bring any dogs or other animals into the Clubhouse with the exception of assistance dogs.

(vii) No children under the age of 18 shall be permitted to use any Gaming Machine in the Clubhouse.

(viii) Any Member wishing to complain about the Catering Service or with the conduct of any employee of the Clubhouse should make their complaint in the first instance to the Chairman of the House & Bar Committee who shall refer any such complaints to the following meeting of the House & Bar Committee.

(ix) The House & Bar Committee shall be responsible for ensuring the general working of the Bar and must display a Notice showing the prices of Beers, Wines and Spirits on offer.

(x) The House & Bar Committee shall be responsible for ensuring the regular checking of the Bar Stock at intervals to be agreed by the Directors and for maintenance, upkeep and cleanliness of the inside of the Clubhouse.

(xi) The House & Bar Committee shall recommend Bye-laws from time to time regarding dress at the Clubhouse and within parts thereof which shall be considered by the Board of Directors.

(xii) No Member may conduct any Gaming or Lottery within the Club without the express permission of the Board of Directors.