RULES
RULES FOR THE BELBROUGHTON WORKMEN'S CLUB
ALL PREVIOUS RULES RESCINDED
 
GENDER
 
Words of any gender used in these rules shall be held and construed to include any other gender.
1
NAME AND CONSTITUTION
(1)
The Society is a Working Men's Club. It shall be called "The Belbroughton Workmen's Club" and is hereinafter referred to as "the Club".
2
REGISTERED OFFICE
(1)
The registered office of the Club shall be The Club House, 5 High Street, Belbroughton, Stourbridge, West Midlands.
(2)
The registered office shall not be changed, except by resolution of a special general meeting.
(3)
In the event of any change in the situation of the registered office, notice of such change shall be sent to the Registrar in the form prescribed by the Treasury Regulations.
3
OBJECTS
(1)
The Club is established for the purpose of providing for its members the means of social intercourse, mutual helpfulness, mental and moral improvement and rational recreation.
4
APPLICATION OF FUNDS
(1)
All moneys received on account of entrance fees, subscriptions, levies, fines, donations, sale of rules or otherwise and interest on investments shall be applied in carrying out the objects of the Club, in accordance with the rules.
(2)
Any officer misapplying the funds shall repay the amount misapplied and be excluded without prejudice to his liability to prosecution for such misapplication.
5
INVESTMENT
(1)
So much of the funds as may not be wanted for immediate use, or to meet the usual accruing liabilities, shall, with the consent of the Committee, or of a majority of the members present and entitled to vote in general meeting, be invested by the Trustees in any National Savings Bank or Building Society in the public funds, or in the purchase of land, or in the erection or alteration of offices or other buildings thereon, or in any investment in which the Trustees are for the time being by law authorised to invest trust funds.
(2)
The Trustees, with the consent of a special general meeting, may hold, purchase or take on lease any land and may sell, exchange, mortgage or lease any such land and erect, alter or pull down buildings on it; and a purchaser, assignee, mortgagee, or tenant shall not be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the Trustees, and the receipt of the Trustees shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease.
(3)
Mortgages or other assurances for securing money to the Club may be vacated by a receipt endorsed or annexed, signed by the Trustees and countersigned by the Secretary, in the form contained in the Fourth Schedule to the Friendly Societies Act 1974.
6
BORROWING
(1)
The Trustees, with the consent of a special general meeting, may borrow money for the purposes of the Club upon the security of any assets of the Club and shall have power to execute all deeds or other documents which may be required for the purpose.
7
MEMBERSHIP
(1)
Any person shall be entitled to membership of the Club upon application made and, subsequent thereto, election to the Club as provided hereunder, provided that nothing shall preclude the Committee of Management excluding any person whom they consider to be undesirable as a member of the Club by reason of prior exclusion therefrom, failure to pay subscriptions or whose habitual way of life they consider to be undesirable and unbefitting a Club Member.
(2)
Every candidate for membership shall be proposed and seconded by two members of the Club. His full name and address and occupation and the names of the proposer and seconder shall be communicated in writing to the Secretary who shall cause these particulars to be exhibited prominently in the Club House in a part accessible to the members for a period of at least three days before his election as a member. Until the candidate is elected by the Committee of Management as a member he shall not be entitled to any privileges of the Club.
(3)
The Committee of Management shall be empowered to elect temporary members of the Club on such terms and at such subscription not exceeding 25p, as they shall by resolution decide, but no member shall be elected or re-elected for a period that shall exceed one month. The numbers of temporary members shall at no time exceed one-tenth of the membership of the Club (excluding such temporary members) and no person shall be elected to temporary membership unless he is precluded by distance or other circumstances from making full use of the privileges of membership.
(4)
Any member shall be entitled to introduce guests to the Club provided that no person whose application for membership has been declined or who has been expelled from the Club shall be introduced as a guest.
(5)
Any person becoming a member without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between his becoming a member and his admission.
8
SUBSCRIPTIONS
(1)
Every member of the Club (other than an Honorary member) shall pay a subscription of such an amount not exceeding £5.00 per annum, as the Club shall at General Meeting decide from time to time, such payment to be payable on the 1st day of January each year and any new member shall pay an entrance fee of such amount not exceeding £5.00 per annum as may be prescribed from time to time by the Committee. Such entrance fee and subscription shall be deemed to be a debt to the Club for the time being.
9
ARREARS
(1)
Any member who has not paid his subscriptions by January the 31st shall have his membership terminated.
10
DISQUALIFICATIONS AND FORFEITURES OF MEMBERSHIP
(1)
The Committee of Management shall have power to expel any member who shall offend against the rules of the Club or whose conduct shall in the opinion of the Committee of Management render him unfit for membership of the Club. Before any such member is expelled the Secretary shall give him seven days' written notice to attend a meeting of the Committee of Management and shall inform him of the complaints made against him. No member shall be expelled without first having an opportunity of appearing before the Committee of Management and answering complaints made against him, nor unless at least two-thirds of the Committee of Management then present shall vote in favour of his expulsion.
11
CHANGE OF RESIDENCE
(1)
Any member who changes his residence shall forthwith notify the Secretary or the Committee of Management thereof and his change of address shall be recorded in the Register of Members.
12
MEETINGS
(1)
The annual general meetings of the Club shall be held in the month of March in each year at the Club's premises.
(2)
A special general meeting shall be held whenever the Committee of Management think expedient and whenever thirty members or one-fifth of the total number of members, whichever is the less, so request in writing signed by them and delivered to the Secretary.
(3)
Seven days' notice of any general meeting stating the business to be transacted at such meeting, shall be notified in the local press and posted up in the Club.
(4)
All general meetings shall be held at the registered office unless the Committee of Management (either generally or in a particular case) otherwise decide.
(5)
At all general meetings the Chairman, or if he be not present, the Vice-Chairman, shall preside. Five members shall form a quorum.
(6)
At all general meetings of the Club each member shall have one vote.
13
OFFICERS
(1)
The Club shall have the following officers who shall form the Committee of Management (herein called "the Committee"):- Three Trustees, a President, a Chairman, a Vice-Chairman, a Treasurer, a Secretary, and Nine Twelve Committeemen.
(2)
No person who is a minor shall be elected to any office. No one person can hold more than one position in the club.
(3)
The Trustees, Treasurer and Secretary shall hold office during the pleasure of the Club. All the other officers shall continue in office until the next annual general meeting, and at every such meeting the said other officers shall be elected by a majority of the members present and entitled to vote, or on failure of such election those last appointed shall continue in office. The Treasurer and. Secretary shall be elected by a majority of the members present and entitled to vote at an annual or special general meeting.
(4)
Any officer may be removed by resolution of a special general meeting which may proceed to fill the vacancy.
(5)
In case any officer (other than a Trustee) shall die, resign, be removed, or become unfit or incapable to act, the Committee may at any time appoint a person to fill the vacancy until the next annual general meeting, unless the vacancy is previously filled at a special general meeting.
(6)
In the event of any Trustee dying, resigning, or being removed from office, another shall be appointed by a resolution of a majority of the members present and entitled to vote at the annual general meeting or at a special general meeting. Every resolution appointing a Trustee shall be entered on the minutes of the meeting at which he is appointed.
(7)
A copy of such resolution, signed by such Trustee, shall be forwarded by the Secretary to the Registrar in the form prescribed by the Treasury Regulations.
(8)
At their first meeting following each annual general meeting the Committee shall elect a sub-committee to be called the Finance committee. It shall consist of three committeemen and any other officers who may be elected for the purpose. It shall be the duty of the Finance Committee to take a record of the stock of goods held on the first convenient day of each month unless an agent has been duly appointed by the Committee of Management for that purpose, to check all demands for payment with the order book, delivery notes and invoices and report to the Committee of Management whether such stock vouches the correctness of the returns made by the steward and whether the demands are in order and correct. The Finance Committee shall also see that vouchers are produced by the Secretary for all payments made by him and shall report at each meeting of the Committee of Management whether the Secretary's cash book has been duly made up and that the amount there shown as standing to the credit of the club appears also in the Treasurer's book or books and in the Club's bank pass book. These books duly made up to date shall be laid on the table at each meeting of the Committee of Management. All cheques drawn on the club's account shall be signed by at least one member of the Finance Committee and the Treasurer.
(9)
The Steward and other servants of the Club shall be appointed and be subject to dismissal by the Committee.
(10)
Every officer or servant having the receipt or charge of money shall, before taking upon himself the execution of his office or service, give security to the Trustees through a Guarantee Society or by a bond in pursuance of the Act, in such sum as the Committee may direct, being not less than a sum sufficient to cover the maximum amount of cash which the officer or servant is likely at any time to hold.
(11)
No member is allowed to be a committee member is they have offended against the rules of the club within the last three years.
14
TRUSTEES
(1)
All deeds, documents of title and securities for money shall be held by the Trustees, who shall take such measures for the safe custody and preservation thereof at the expense of the Club as they may think fit, and they shall be responsible for the safe custody of all such deeds, documents and securities as are placed in their hands or under their control, and shall produce them for inspection by the auditors when required by them, and whenever else required by a resolution of a general meeting or of the Committee.
(2)
The Trustees shall be the persons to sue and be sued on behalf of the Club.
(3)
If any Trustee, being removed from his office, refuse or neglect to assign or transfer any property of the Club as a general meeting may direct, such Trustee shall (if he be a member) be expelled, and cease to have any claim on the Club without prejudice to any liability to prosecution.
15
TREASURER
(1)
The Treasurer shall pay all moneys received by the Club from any source whatever without any deduction for any purpose whatever to the credit of an account opened in the name of the Club at such bank and in such manner as the Committee shall direct. He shall keep such accounts as the Committee shall direct. He shall produce all books, documents, property and money of the Club in his possession and render a full and clear account at each audit, and whenever required by resolution of the Club or of the Committee or by the Trustees. He shall also give up all books, documents, moneys and property of the Club in his possession when required so to do by a resolution of the Club, or of the Committee or by the Trustees. For his services he shall receive such sum as the Committee shall determine.
16
SECRETARY
(1)
The Secretary shall attend all meetings of the Club, and of the Committee; he shall record correctly the names of the officers there present, and the minutes of the proceedings, which he shall transcribe into a book to be authenticated by the signature of the Chairman as the proceedings of the meeting; he shall receive proposals for admission to the Club; he shall forthwith hand over all moneys received by him to the Treasurer (other than moneys drawn from the bank as an imprest account). He shall produce all books, documents, property and money of the Club in his possession, and render a full and clear account at each audit and whenever required by resolution of the Club or of the Committee or by the Trustees. He shall also pay over all moneys, and give up all books, documents and property belonging to the Club when ordered to do so by a resolution thereof or of the Committee or by the Trustees. He shall summon and give due notice of all meetings of the Club and of the Committee and keep the accounts, documents and papers of the Club in such manner and for such purposes as the Committee may appoint, and shall prepare all returns and other documents required by the Act or the Treasury Regulations and duly forward them to the Registrar. The Secretary shall on all occasions, in the execution of his office, act under the superintendence, control, and direction of the Committee. For his services he shall receive such sum as the Committee shall determine.
17
OTHER OFFICERS
(1)
The Club in general meetings shall from time to time appoint a sub-committee of not less than four members being members of the Committee appointed by the Committee for that purpose for the purchase for the Club and the supply by the Club of intoxicating liquor. In the event of any member for any reason ceasing to be a member of the Committee, he shall automatically cease to be a member of the sub-committee and another member of the Committee shall be appointed in his place by the Management Committee. Such sub-committee shall in no way be restricted otherwise than by resolution of a general meeting of the Club in freedom of purchase.
(1a)
The Club in general meetings shall from time to time appoint other sub-committees of not less than one member of the Committee. This member of the Committee can enlist invited volunteers to be on the sub-committee. In the event of any member for any reason ceasing to be a member of the Committee, he shall automatically cease to be a member of the sub-committee and another member of the Committee shall be appointed in his place by the Management Committee. Such sub-committee shall in no way be restricted otherwise than by resolution of a general meeting of the Club in freedom of purchase.
(2)
No person shall at any time be entitled to receive at the expenses of the Club or of any member thereof any Commission percentage or similar payment on or with reference to purchases of intoxicating liquor by the Club; nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests apart from any benefit accruing for the Club as a whole and a part also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.
18
THE COMMITTEE
(1)
The Committee shall meet on every 3rd Sunday in each succeeding month at the hour of 11.30 a.m. and on such other days and hours as may be agreed from time to time. The Chairman or, if he be not present, the Vice-Chairman, shall preside. Any seven shall form a quorum, and shall have the full power to superintend and conduct the business of the Club according to these rules and shall in all things act for and in the name of the Club. Every question shall be decided by a majority of votes and if the votes are equal, the Chairman or in his absence the Vice-Chairman shall have a casting vote in addition to his vote as a member. Any three of the Committee may call a special meeting thereof by giving 7 clear days' notice in writing to the Secretary, but at such special meeting no other business than that specified in the notice shall be taken into consideration. The Finance Committee shall meet every Thursday at 7 p.m. unless the date and time of such meeting shall at any time be altered by the Committee.
19
ACCOUNTS
(1)
The Committee shall cause proper accounts of the Club to be kept by the Secretary in accordance with the requirements of Section 29 of the Friendly Societies Act 1974.
(2)
It shall be the duty of the Committee to keep a copy of the last annual balance sheet and of the report of the auditor on the balance sheet always hung up in a conspicuous place at the registered office of the Club.
20
INSPECTION OF BOOKS
(1)
The Committee shall cause the books to be available for the inspection of any member or person having an interest in the funds of the Club at all reasonable hours, at the registered office or at any place where the books are kept, and it shall be the duty of the Secretary to produce them accordingly.
21
AUDIT
(1)
The Club shall in each year of account appoint a qualified auditor or, subject to paragraph (2) of this rule, two or more persons who are not qualified auditors to audit its accounts and balance sheet for that year. For the purposes of this rule "qualified auditor" means a person who is a qualified auditor under section 36 of the Friendly Societies Act 1974.
(2)
Subject to paragraph (5) of this rule and to any direction given by the Registrar the Club may appoint as auditors two or more persons who are not qualified auditors to audit its accounts for any year of account if:
(a) the receipts and payment of the Club in respect of the previous year of account did not in the aggregate exceed £5,000.
(b) the number of its members at the end of that year did not exceed 500 and
(c) the value of its assets at the end of that year did not in the aggregate exceed £5,000.
(or in each case, such other sum or number as may be prescribed by regulations then in force).
(3)
Save as provided in paragraph (4) of this rule every appointment of an auditor shall be made by resolution of a general meeting of the Club.
(4)
The committee may appoint an auditor to fill any casual vacancy occurring between general meetings of the Club. Any auditor appointed by the Committee who is not a qualified auditor shall hold the appointment until the conclusion of the first or next annual general meeting as the case may be.
(5)
A qualified auditor appointed to audit the accounts and balance sheet of the Club for the preceding year of account (whether by a general meeting or by the Committee) shall be re-appointed as auditor of the Club for the current year of account (whether or not any resolution expressly re-appointing him has been passed) unless
(a) a resolution has been passed at a general meeting of the Club appointing somebody instead of him or providing expressly that he shall not be re-appointed or
(b) he has given to the Club notice in writing of his unwillingness to be re-appointed or
(c) he is ineligible for appointment as auditor of the Club for the current year of account or
(d) he has ceased to act as auditor of the Club by reason of incapacity.
Provided that a retiring auditor shall not be automatically re-appointed by virtue of this rule if notice of an intended resolution to appoint another person in his place has been given in accordance with paragraph (6) of this rule and the resolution cannot be proceeded with because of the death, incapacity or ineligibility of that other person.
(6)
A resolution at a general meeting of the Club
(i) appointing another person as auditor in place of a retiring qualified auditor or
(ii) providing expressly that a retiring auditor shall not be re-appointed
shall not be effective unless notice of the intention to move it has been given to the Club not less than twenty-eight days before the meeting at which it is moved. On receipt by the Club of notice of the intention to move any such resolution the Club shall give notice of the resolution to the members in accordance with Section 34 of the Friendly Societies Act 1974. The Club shall also give such notice to the retiring auditor in accordance with Section 35 of the Friendly Societies Act 1974 and shall give notice to the members in accordance with that section of any representations made or intended to be made by the retiring auditor.
(7)
None of the following persons shall be appointed as auditor of the Club.
(a) an officer or servant of the Club.
(b) a person who is a partner of or in the employment of or who employs an officer or servant of the Club or
(c) a body corporate.
(8)
The auditor shall in accordance with section 38 of the Friendly Societies Act 1974 make a report to the Club on the accounts examined by him and on the revenue account or accounts and the balance sheet of the Club for the year of account in respect of which he is appointed.
22
ANNUAL RETURN
(1)
Every year before the 1st June the Secretary of the Club shall send to the Registrar an annual return relating, to its affairs for the period required to be included in the return. The return shall be made up for the period beginning with the 1st January of the year preceding the year in which the return is required to be sent and ending with the 31st December then last inclusively. The return must be made in the form prescribed by the Chief Registrar and contain such particulars as may from time to time be required by the form. A copy of the report of the auditor on the accounts and balance sheet contained in the return must be sent with the annual return.
(2)
The Secretary shall supply gratuitously to every member or person interested in the funds of the Club on his application either a copy of the last annual return or a balance sheet or other document duly audited containing the same particulars relating to the affairs of the Club as are contained in the annual return together with a copy of the report of the auditor on the annual return or his report on the balance sheet or other document supplied in lieu of the annual return.
23
DISPUTES
(1)
If any dispute shall arise between a member or person claiming through a member or under the rules, or any person aggrieved who has ceased to be a member, or any person claiming through such person aggrieved, and the Club, or any officer of the Club, it shall be decided by reference to arbitration.
(2)
Five arbitrators shall be elected at a general meeting, none of them being directly or indirectly interested in the funds of the Club, and any vacancy or vacancies shall be filled at a general meeting. The complaining party to a dispute, or someone appointed by him, shall draw three names out of the five by lot in the usual way and the three arbitrators whose names are first drawn shall decide the dispute.
(3)
In this rule the expression "dispute" includes any dispute arising on the question whether a member or person aggrieved is entitled to be or continue to be a member or to be reinstated as, a member but, save as aforesaid, in the case of any person who has ceased to be a member, does not include any dispute other than a dispute on a question between him and the Club or an officer thereof, which arose whilst he was a member or arises out of his previous relation as a member of the Club.
24
APPLICATIONS TO THE REGISTRAR
(1)
One-fifth of the total number of members, or if the number of members is 1,000 or more, then such number of members as is prescribed by the Act, by an application in writing to the Chief Registrar, signed by them in the Forms respectively provided by the Treasury Regulations in that behalf, may apply -
(a) For the appointment of one or more inspectors, to examine into and report on the affairs of the Club.
(b) For the calling of a special meeting of the Club.
(c) For an investigation into the affairs of the Club with a view to the dissolution thereof where the funds are insufficient to meet the existing claims thereon.
25
VOLUNTARY DISSOLUTION
(1)
The Club may at any time be dissolved by the consent of three-fourths of the members, testified by their signatures to an instrument of dissolution in the form prescribed by Treasury Regulations.
26
NOTICES
(1)
All summonses and notices shall be deemed to have been duly served if delivered at or sent by post addressed to the last known address of the member or person for whom they are intended.
27
COPIES OF RULES
(1)
The Secretary shall be supplied by the Committee with copies of these rules and shall deliver to every person on demand a copy on payment of 10p. Also the Secretary shall put a copy of the rules in a prominent position in the Club.
28
AMENDMENT OF RULES
(1)
No new rules, shall be made, nor shall any of the rules herein contained or hereafter to be made be amended or rescinded unless with the consent of a majority of those members present at a general meeting of which notice has been given specifying the intention to propose such new rule or amendment.
(2)
No new rule or amendment of rule is valid until registered.
29
HOURS OF OPENING AND CLOSING AND PERMITTED HOURS
(1)
The Club shall be opened and closed at such hours as may from time to time be fixed by the Committee and posted in the Club premises.
(2)
The Committee shall have power to fix permitted hours for the supply of intoxicants in the Club and from time to time to alter the hours so fixed provided that:-
(a) the hours fixed shall not on any day be longer, nor begin earlier or end later, than the general licensing hours for the time being in force for the district in which the Club is situate and
(b) there shall be a break in the after-noon of not less than two hours and
(c) on Sundays, Christmas Day and Good Friday the break shall include the hours from three to five, and there shall not be more than three and a half hours after five.
30
INTERPRETATION
(1)
In these rules, unless the contrary intention appears -
(1) Words in the singular shall include the plural and words in the plural shall include the singular.
(2) "The Act" means the Friendly Societies Act 1974, and any Acts amending or substituted for it and for the time being in force.