Byelaws
BYE-LAWS OF
SCALING DAM SAILING AND WATERSPORTS CLUB (THE "CLUB")
ADOPTED: 8th NOVEMBER 2023
PART 1: INTERPRETATION
1.INTERPRETATION
1.1.These Bye-laws are made pursuant to Article 13.4.2.
1.2.In these Bye-laws, unless the context requires otherwise:
| Articles | means the Articles of Association of the Club from time to time and Article refers to a particular provision in them; |
| Associate Member | means a member of the Club who is not a Club Member, and who therefore neither has voting rights at General Meetings nor any other rights to which members of companies are entitled under the Articles or the Companies Acts, and Associate Membership shall be interpreted accordingly; |
| Bye-laws | means these Bye-laws of the Club made pursuant to Article 13.4.2, and Bye-law refers to a particular provision in them; |
| Club Facilities | means the Clubhouse, all premises of the Club, the water controlled by the Club, any equipment made available by the Club (whether for a fee or without charge), all changing and washing facilities, all storage facilities and any other facilities made available (whether for a fee or without charge) at the Clubhouse or on the Club's premises from time to time; |
| Clubhouse | means the clubhouse situated at Scaling Dam, Easington, Saltburn-by-the-Sea, TS13 4TP; |
| Club Member | means a company member of the Club, as that term is defined by section 112 of the Companies Act 2006, and Club Membership shall be interpreted accordingly; |
| Craft | means water borne vessels permitted by the Lease and these Bye-laws; |
| Fees | shall have the meaning given in Bye-law 6.1; |
| Lease | means the lease agreement between the Club and Northumbrian Water Limited; |
| Member | means all members of the Club, whether Club Members or Associate Members, and Membership shall be interpreted accordingly; |
| Officers | are the Secretary and Treasurer of the Club |
| Paddlesports | means sporting, recreational and other activities carried out in rowing boats (single oarsman only), canoes, kayaks and paddleboards propelled manually; |
| Representative Role | refers to a Member holding a post representing a particular group of Members within the Club. The number of Representative Roles and the groups they represent shall be determined by the Directors. A Member in a Representative Role shall have the rights and privileges of a Club Member; |
| Royal Yachting Association and RYA | means the Royal Yachting Association, a company limited by guarantee registered in England and Wales with registered company number 00878357; |
| Sailing | means sporting, recreational and other activities carried out in water-borne craft of any description powered by the wind permitted by the Lease and these Bye-laws |
| Swimming | means sporting, recreational and other swimming activities carried out at Scaling Dam. Swimming is permitted only at events organised by the Club Wild swimming (ie unsupervised swimming) is specifically excluded. |
| Temporary Members | Temporary Members (including Day Members) are members of other RYA recognised clubs or organisations, and any person who is granted Temporary Membership of the Club under specific terms and conditions ("Temporary Membership Terms") determined by the Directors. Temporary Members are Associate Members. The term Temporary Membership shall be construed accordingly |
| Water Safety Manager | The Water Safety Manager (WSM) is that person nominated by the Directors to be on site when the Club is open for Watersports as published in the Club Handbook or on the Club Website to oversee safety on the water. The WSM will normally be the Club Development Officer (CDO), but may be a Director or any Member approved by the Directors. |
| Watersports | means Sailing, Paddlesport and Swimming; |
| Writing | means the representation or reproduction of words, symbols or other information in a visible form by any method or combination of methods, whether sent or supplied in electronic form or otherwise. |
1.4.Unless the context otherwise requires words or expressions contained in this document bear the same meaning as in the Articles.
1.5.Unless expressly provided otherwise, a reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any subordinate legislation from time to time made under it, and any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts.
1.6.In these Articles, unless the context otherwise requires:
1.6.1.words in the singular shall include the plural and in the plural shall include the singular; and
1.6.2.a reference to one gender shall include a reference to the other genders.
PART 2: MEMBERSHIP
2.MEMBERSHIP
2.1.Membership shall be open to anyone interested in Watersports on application, regardless of sex, age, disability, race, sexual orientation, gender reassignment, pregnancy or maternity, religion or belief. Membership may, however, be limited according to these Bye-laws and to available facilities on a non-discriminatory basis.
2.2.Article 11.7 gives the Directors the power to create different Classes and Types of Membership, and to decide who will be eligible for admission to them and what their rights and obligations will be. For the avoidance of doubt, Associate Membership conveys neither Club Membership nor any of the rights or privileges of Club Membership under the Articles or the Companies Acts.
2.3.There shall be the following Classes of membership:
2.3.1.Single Members;
2.3.2.Family Members (up to two adult members of a family group living at the same address);
2.3.3.Young Adult Members;
2.3.4.Parent/Guardian Members;
2.3.5.Junior Members.
2.4.Members may opt to join as one of the following Types of Membership and as such subject to Bye-laws 2.3 and 2.5 shall have the rights and privileges of Club Membership for that Type of Membership:
2.4.1.Sailing Membership as any membership Class;
2.4.2.Paddlesport Membership as any membership Class.;
2.5.There shall be the following Types of Membership as Associate Membership:
2.5.1.Family Members (all persons other than the Family Members defined in Bye-law 2.3.2);
2.5.2.Junior Members as any membership Class
2.5.3.Swimming Members as any membership Class;
2.5.4.Social Members as any membership Class;
2.5.5.Complimentary / Volunteer Members as any membership Class;
2.5.6.Care Members as any membership Class.
2.5.7.Group Members, and
2.5.8.Temporary Members as any membership Class;
2.6.Honorary Members are Club Members and shall have the same rights and privileges as Sailing Members
2.7.Club Membership shall be managed to ensure that the Sailing Type of Club Memberships comprise at least 60% of Club Memberships.
2.8.The following Craft are permitted by the Lease and may be operated by the following Type of Membership:
2.8.1.Sailing Members may operate all types of sailing dinghies, trimarans, windsurfers, sailboards rowing boats (single oarsman only), canoes, kayaks and paddleboards and may participate in Paddlesports and Swimming.
2.8.2.Paddlesport Members may operate rowing boats (single oarsman only), canoes, kayaks and paddleboards and may participate in Swimming,
2.8.3.Swimming Members are permitted to participate in Open Water Swimming sessions or organised swimming events. Wild swimming (ie unsupervised swimming) is NOT permitted,
2.8.4.Keelboats are not suitable to sail on the reservoir but may be accepted on a case by case assessment, particularly in direct support of disabled Members with special needs.
2.8.5.Powered Craft may be operated insofar as they are used for safety duties and training with the express permission of the Directors.
3.ELIGIBILITY FOR MEMBERSHIP
3.1.Single Membership is open to any individual aged 25 or over on the 1st March of the membership year who is interested in Watersports. Single Members are Club Members with the right to attend and vote at General Meetings in accordance with the Articles and the Companies Acts.
3.2.Family Membership is open to each of the members of a family grouping of one or two adults, together with any number of children within their guardianship under the age of 19, who are interested in Watersports. A maximum of two adults in the family group ("the adult family members") will be Club Members and, as such, will have and may exercise all the rights and privileges of Club Membership. Each other member of the family group will be an Associate Member. For the avoidance of doubt, only the adult family members will have the right to receive notice of, and to attend and vote at, any General Meeting in accordance with the Articles and the Companies Act.
3.3.Young Adult Membership is open to any individual who is interested in Watersports aged over 16 and either under 25 on 1st March of the membership year or in full time education. Young Adult Members are Club Members with the right to attend and vote at General Meetings in accordance with the Articles and the Companies Act.
3.4.Sailability Membership is open to Members who have a disability which restricts their participation in Club activities. Sailability Members may join as a Single, Family, Youth Adult or Junior Member and will be entitled to a discounted Membership Fee. Sailability Members shall be entitled to register their carer(s) as Care Member(s). A Care Member shall be entitled to full use of all the Club facilities but shall not have the right to vote at General Meetings and shall not be allowed to participate in Watersports at the Club except in direct support of the Member.
3.5.Junior Membership is open to any individual under the age of 16 who is interested in Watersports. Junior Members are Associate Members, and as such have no right to attend or vote at General Meetings. Junior Members must be supervised at all times while at the Club by a parent/guardian or an adult declared in loco parentis who is a Member of the Club.
3.6.Parent/Guardian Membership is open to one adult per Junior Member either a parent or guardian of or person nominated in loco parentis to their Junior Member. The Parent/Guardian member shall be entitled to full use of the Clubhouse but is not entitled to participate in Watersports. They shall have the right to attend and vote at General Meetings in accordance with the Articles and the Companies Act..
3.7.Swimming Membership is open to any individuals with an interest in Swimming and do not wish to participate in Boating activities. Swimming Members are Associate Members, and as such have no right to attend or vote at General Meetings.
3.8.Honorary Membership may be awarded to individuals as a mark of distinction. The Directors may nominate for election at an AGM such persons as Honorary Members as they think fit. The total number of Honorary Members shall not, however, at any time, exceed 5% of the total number of Members. The election of Honorary Members shall be put to the vote at the AGM each year and such persons shall be granted Honorary Membership if approved by Special Resolution of the Club Members at the AGM. Honorary Members are Club Members and as such have the same rights and privileges as Sailing Members and the right to attend and vote at General Meetings.
3.9.Social Membership is open to any individuals with an interest in Watersports, but who wish to attend the Clubhouse for social purposes only and do not wish to participate in Watersports activities. Social Membership is limited to 30 memberships. Social Members are Associate Members, and as such have no right to attend or vote at General Meetings.
3.10.Complimentary or Volunteer Membership may be offered to individuals at the discretion of the Directors in recognition of their contribution to Club activities. The number of Complimentary and Volunteer Members will be limited to 5% of the total number of Members. Complimentary and Volunteer Members are Associate Members, and as such have no right to attend or vote at General Meetings.
3.11.Group Membership shall have those rights and privileges as specified in their Group Membership Terms. Group Members shall not have the right to attend or vote at General Meetings
3.12.Temporary Membership is open to members of other RYA recognised clubs or organisations. Also any person interested in Watersports may be granted Temporary Membership of the Club under specific terms and conditions ("Temporary Membership Terms") determined by the Directors. The term Temporary Membership shall be construed accordingly. Temporary Members are Associate Members, and as such have no right to attend or vote at General Meetings.
3.13.For the avoidance of doubt, where the type of Membership available to, or subscription payable by, an individual is related to age it will be determined by the age of the individual on 1st March of the membership year.
4.BECOMING A MEMBER
4.1.An application for Membership shall be in the form from time to time prescribed by the Directors, and shall include the name, address and if possible an electronic address of the applicant.
4.2.New applications for Membership may be accepted subject to Bye-laws 4,3 and 4.4 provided that, at the time of receipt, acceptance of the application will not reduce the number of Sailing Memberships below the minimum specified in Bye-law 2.6.
4.3.Upon receipt of an application for Membership, the Membership Secretary may approve the application but does not have the authority to reject an application for Membership. If the Membership Secretary is unable to approve an application for Membership for whatever reason then the application shall be referred to the Directors for determination by a simple majority decision.
4.4.The Directors may refuse applications for Membership only for good cause, such as conduct or character likely to bring the Club or Watersports into disrepute. Appeals against the Directors' decision to reject an application for Membership may be made to the Club Members in General Meeting.
4.5.The Membership Secretary shall inform each applicant in Writing as to whether or not the applicant's application for Membership has been approved and the Membership Secretary shall provide successful applicants with access to a copy of the Articles and these Bye- laws, and the Membership Secretary shall also request payment of any applicable fees.
4.6.Every successful applicant shall, upon becoming a Member, provide the Membership Secretary with an up-to-date postal address and if possible an electronic address which shall be recorded in the Register of Members. Any notice sent to such postal address shall be deemed to have been duly delivered.
4.7.In the event that a prospective Member's application is rejected solely for the reasons of limiting the number of Members, the name of the prospective Member shall be placed on a waiting list and the application reviewed, on a non-discriminatory basis and in the strict order in which it was placed on the waiting list, as and when the number of Members falls to below the upper limit set by the Directors.
5.RIGHTS AND PRIVILEGES OF MEMBERSHIP
5.1.The rights and privileges of each Class of Membership shall be as follows, subject in each case to the provisions of the Articles and these Bye-laws:
5.1.1.All Members shall have the full use of the Clubhouse.
5.1.2.Members shall have rights and privileges according to their Membership Type as follows:
5.1.2.1.Sailing Members and Honorary Members may participate in all Watersports activities,
5.1.2.2.Paddlesports Members may participate in all Watersports activities except Sailing and Windsurfing
5.1.2.3.Swimming Members may participate in Swimming activities only
5.1.2.4.Parent / Guardian Members and Care Members may use the Club facilities in support of their Junior Member or Disabled Member respectively.
5.1.2.5.Complimentary Members and Volunteer Members shall have the use of the Club facilities as agreed at the time of the approval of their Membership;
5.1.2.6.Social Members shall have the use of the Clubhouse only;
5.1.3.The use of the Club Facilities by Temporary Members and Group Members shall be defined in their Temporary Membership and Group Membership Terms, but they:
a)shall have no right to enter Club races or regattas unless specifically authorised by the Sailing Secretary or the Directors;
b)shall have no right to bring guests to the premises of the Club;
c)shall have no right to take any part in the management of the Club;
d)are deemed to have notice of and impliedly undertake to comply with the Articles and these Bye-laws; and
e)shall be liable to be expelled from the Clubhouse and/or prohibited from using the Club Facilities if, in the opinion of the Secretary or Directors, they have not reasonably complied with the conditions set out in the Articles and these Bye-laws in force from time to time and their Temporary Membership Terms.
5.2.Applicants for Membership whose applications have not yet been approved shall have no rights or privileges whatsoever in relation to the use of the Club Facilities.
6.MEMBERSHIP SUBSCRIPTIONS AND FEES
6.1.The following fees (the Fees) shall be payable by Members, as applicable in accordance with this Bye-law 6:
6.1.1.annual subscription fee in respect of their Membership; and
6.1.2.for those Members wishing to store their own Craft and or launching trolley on the boat park controlled by the Club, an annual boat park fee, which shall entitle the Member to a space in the Club's boat park and to sail or otherwise propel his or her own boat on the water controlled by the Club.
6.1.3.For members who have paid their annual boat park fee, a trailer park fee may be levied for the storage of their boat trailer which entitles the Member to store their boat trailer in an area set aside for that purpose.
6.2.The Fee rates for each Class and Type of Membership and for Craft and trailer storage shall be proposed by the Directors to the Club Members at the AGM in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of March in the year following.
6.3.Sailability Members may be granted a discount on their Fees at the discretion of the Directors.
6.4.The current Fee rates shall be prominently displayed in the Clubhouse and on the Club's website.
6.5.Subject to Bye-laws 7.1, 7.2 and 7.3 all Members shall pay the applicable Fees for their first year of Membership within one calendar month of becoming a Member, and thereafter on or before the first day of April in each year.
7.EXCEPTIONS TO THE REQUIREMENT TO PAY FEES
7.1.Any person who becomes a Member shall pay the full annual subscription fee applicable for the year in which they join and may be credited with a discount on their renewal fee for the following year.
7.2.Members who pay their membership renewal fee before a date specified by the Directors, typically the end of February, shall be entitled to receive an Early Payment Discount against the relevant membership fee.
7.3.Members who live more than one hour's drive from the club as determined by the Directors, shall be entitled to receive a Distant Membership Discount against the relevant membership fee.
8.TERMINATION OF MEMBERSHIP
8.1.If a Member fails to pay any applicable Fees that are due within one calendar month of becoming a Member or within one calendar month of the renewal date, their Membership shall be automatically terminated.
8.2.A Member wishing to cancel their Membership shall give notice in writing to the Membership Secretary before the last day of January and shall not then be liable to pay the subscription for the following year. A Member who retires in accordance with this Bye-law shall not be entitled to have any part of their Fees refunded.
8.3.The Directors may terminate, without notice being given, the Membership of any Member whose Fees are more than one month in arrears (in whole or in part), provided that the Directors may, at their sole discretion, re-instate any such Member upon payment of arrears. No Member whose Fees are in arrears (in whole or in part) may enter any Club event or regatta or (if applicable) attend or vote at any General Meeting.
8.4.Appeal against termination of Membership may be made to the Club Members by submitting a written notice to the Secretary, who shall, upon receipt of such a notice, include the appeal on the agenda for the next General Meeting.
8.5.Upon termination of Membership, the Directors may dispose of the former Member's boat and/or trailer in accordance with Bye-law 15.
9.CONDUCT OF MEMBERS & DISCIPLINARY ACTION
9.1.Every Member is deemed to have notice of, and undertakes to comply with, the Articles and these Bye-laws.
9.2.Members shall immediately comply with reasonable directions given by a Director, Officer, Duty Officer, the Water Safety Manager or an authorised person from Northumbrian Water Limited.
9.3.Members shall comply with the requirements of the Club Water Safety Policy (appended to these Bye-laws) at all times on or near the water controlled by the Club
9.4.All Craft must leave the water when the Clear the Water signal is made by showing 4 white lights together with a red light and repeated sound signals.
9.5.Members shall carry out, with due regard to their abilities or inabilities, any reasonable duties associated with the day-to-day running of the Club for which they are nominated by the Officers or any person to whom the Officers shall delegate this power.
9.6.Any breach of Bye-law 9.1 or any conduct which, in the opinion of the Directors, is either unworthy of a Member or otherwise injurious to the interests of the Club, shall render a Member liable to disciplinary action by the Directors, which may include suspension for a specified period of time or expulsion.
9.7.Before taking any disciplinary action against a Member, the Directors shall ask the Member in question to provide a written explanation of their conduct and shall give the Member the opportunity to explain their conduct to the Directors or to voluntarily cancel their Membership.
9.8.The Directors (or any person to whom the Directors shall delegate this power) may temporarily suspend or exclude a Member from particular training sessions, racing and/or wider Club activities, if they consider in their sole discretion that such action is in the best interests of the Club.
9.9.A Resolution to apply any sanction shall be carried by a simple majority vote by those Directors present and voting on the Resolution.
9.10.Appeal against suspension/expulsion may be made to the Members in General Meeting.
9.11.Upon suspension / expulsion the Member / former Member shall not be entitled to have any part of the annual Membership fee refunded and must return any Club or external body's trophy or trophies held forthwith.
9.12.Upon expulsion of a Member, the Directors may dispose of the former Member's boat and/or trailer in accordance with Bye-law 15.
9.13.A Member shall not knowingly remove, injure, destroy or damage any property of the Club and shall make restitution for the same if called upon to do so by the Directors or by the Secretary upon the instructions of the Directors.
9.14.A Member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of the Secretary.
9.15.A Member shall settle any indebtedness for hire fees, refreshment or otherwise before leaving the Club premises, or in accordance with any Club rule relating to the settlement of such indebtedness.
9.16.All suggestions shall be entered in the suggestion book and signed by the Member.
9.17.Complaints of any nature relating to the management of the Club shall be addressed in writing to the Secretary. Under no circumstances shall a servant of the Club be personally reprimanded by a Member.
10.GUESTS
10.1.Members shall enter the names of all guests in the guest book. Not more than two guests or one family unit may be introduced in any one day and the same guest may not be introduced more than four times in any calendar year.
10.2.Guests of Members may participate in Watersports at the Club using a Craft owned and sailed by the host subject to that Craft having, at all times, valid insurance cover to the level required by the Insurance Clause Bye-law 16. For the avoidance of doubt, the guest may not sail any other Craft at the club. Guests wishing to do Watersports at the Club may become Temporary Members.
10.3.The Secretary or any other person who has received the authority of two Directors, may expel, temporarily or permanently, any person who has the right to the use of the Club Facilities under this Bye-law 10 whose conduct they consider is unsafe or offensive or potentially injurious to the interests of the Club.
11.LIMITATION OF CLUB LIABILITY
11.1.Members, Guests and Visitors are deemed to have accepted the terms of this Limitation of Liability Clause, the essence of which shall be exhibited in a prominent place at the main entrance to the Club Premises.
11.2.Members use the Club Facilities entirely at their own risk and accept that:
11.2.1.the Club will not accept any liability for any damage to or loss of property belonging to Members, Guests or Visitors;
11.2.2.The Club will not accept any liability for personal injury to a Member, Guest or Visitor arising from that person's entry onto Club Premises, use of Club Facilities, participation in Club activities, or use of Club Property, or arising from the entry onto Club Premises, use of Club Facilities, participation in Club activities, or use of Club Property by another Member, Guest or Visitor irrespective of whether or not such personal injury could have been attributed to or was occasioned by the neglect, default, negligence, actions or omissions of any one of the aforementioned or the Club, the Directors, the Officers, the Directors, Sub-Committees, servants of the Club or Members.
11.3.Bye-law 11.1 shall be exhibited in a prominent place within the Clubhouse:
PART 3: MANAGEMENT
12.OFFICERS
12.1.Only Club Members shall be eligible to stand for election as Officers, to be appointed in accordance with Article 6.
12.2.The Secretary shall:
12.2.1.keep a register of Members' names and addresses, including the class of Membership for each Member;
12.2.2.conduct the correspondence of the Club;
12.2.3.keep custody of all Club documents;
12.2.4.keep full minutes of all Directors' meetings, General Meetings (including AGMs), and meetings of any committees established by the Directors from time to time, and all minutes shall be confirmed and signed by the appropriate chairman upon the agreement of the Directors, Club Members, or relevant committee (as appropriate) at the next following Directors' meeting, General Meeting, or relevant committee meeting;
12.2.5.administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its Directors, Officers, employees, and Members;
12.2.6.maintain contact with the Club's legal advisor to ensure that the Club's affairs are managed in accordance with all applicable laws; and
12.2.7.maintain any such certificates or registrations, and complete any such non-financial returns as may be required by law.
12.3.The Treasurer shall:
12.3.1.cause such books of account to be kept as are necessary to give a true and fair view of the state of finances of the Club, in compliance with all legal requirements applicable to companies;
12.3.2.cause all returns as may be required by law in relation to the accounts of the Club to be rendered at the due time; and
12.3.3.prepare annual report and accounts as at the last day in February in each year and cause such report and accounts (as necessary) to be reviewed at least once annually and shall then cause the same to be exhibited in the Clubhouse and placed on the Club's website for at least fourteen days before the date of the next AGM.
13.DIRECTORS
13.1.The board of Directors shall consist of the Officers (ex officio) and not less than five nor more than eight Club Members elected at the AGM each year to hold office until the termination of the next following AGM. A retiring Commodore shall serve as an ex officio director in the year immediately following his retirement.
13.2.The Directors may at any time co-opt any individual who is a Club Member to fill a vacancy in their number or (subject to the maximum stated in Bye-law 13.1) as an additional director, but a co-opted director holds office only until the next AGM.
13.3.At the AGM each year, the two Directors who are not Officers and who have been longest in office shall retire or may stand for re-election. In the case of equal length of service in office, the order of retirement shall, failing agreement between the Directors concerned, be determined by lot.
13.4.Candidates for election as Directors (not being Officers) shall be those Club Members and Members in Representative Roles whose nominations (duly proposed and seconded in writing by other Club Members) have (with their consent) been received by the Secretary at least fourteen days before the date of the AGM in each year. Such nominations, together with the names of the proposer and seconder shall be posted at the Clubhouse and on the Club's website at least seven days prior to the date of the AGM.
13.5.If the number of candidates for election as Directors at any AGM is equal to or less than the number of vacancies to be filled then all candidates shall be elected if two thirds of those present in person or by proxy and entitled to vote at the AGM vote in favour of such election.
13.6.If the number of candidates for election as Directors at any AGM is greater than the number of vacancies to be filled then there shall be a ballot. If the ballot fails to determine the Directors to be appointed because of an equality of votes, the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
13.7.The Directors shall meet at least every two months making such arrangements as the conduct, place of assembly and holding of such meetings as they wish, in accordance with the provisions of the Articles.
13.8.The quorum for meetings of Directors shall be four Directors.
13.9.The Directors may nominate suitably qualified individuals to advise on policies required by law including but not limited to Safeguarding, Data Protection and Health and Safety.
PART 4: MISCELLANEOUS
14.SALE OF INTOXICATING LIQUOR
14.1.The Clubhouse shall be open to Members at such times as the Directors shall direct.
14.2.The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively and solely under the control of the Directors, or of a special committee appointed by the Directors.
14.3.Intoxicating liquor may only be sold for consumption in the Clubhouse to persons over the age of eighteen who are entitled to the use of the Clubhouse in accordance with the Articles and these Bye-laws. No Junior Member may purchase or attempt to purchase intoxicating liquor within the Clubhouse nor may any Junior Member purchase or attempt to purchase tobacco or cigarettes within the Clubhouse. An adult shall not purchase intoxicating liquor for anyone under 18 whether for consumption in the Clubhouse or elsewhere.
14.4.The Directors shall cause the bar in the Clubhouse to be opened (subject to terms of the Clubhouse certificate) at convenient times (and such times shall be prominently exhibited in the Clubhouse) for the sale of excisable goods to persons stated in Bye-law 14.3, PROVIDED THAT guests' names and addresses and the name of their introducer shall have been entered in the guest book upon entry to Clubhouse.
14.5.No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Any profit deriving from the supply of such goods shall (after deduction of the costs of providing such goods for the benefit of the Club) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the Club.
14.6.Proper accounts of all purchases and receipts shall be kept and presented at the AGM in each year and such information as the Secretary or Treasurer may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.
14.7.The permitted hours for the supply of intoxicating liquor are as follows:
14.7.1.Monday Thursday: 12:00 to 23:00
14.7.2.Fridays and Saturdays: 12:00 to 23:00
14.7.3.Sundays, Good Friday and Christmas Day: 12:00 to 22:00
14.8.The bar in the Clubhouse will be open at the hours set out in Bye-law 14.7 or at such other hours as may be decided by the Directors, subject to any restrictions imposed from time to time by the Licensing Authority.
15.ABANDONED BOATS AND/OR TRAILERS
15.1.If, at any time, any Fees payable to the Club by any Member or former Member shall be one month or more in arrears and a boat and/or trailer and/or any other property of a Member or former Member remains upon the Club premises then that Member or former Member shall remove the boat and/or trailer and/or any other property from the Club immediately. If the Member or former Member fails to remove the boat and/or trailer and/or any other property then the Directors may:
15.1.1.move the boat and/or trailer and/or any other property to any part of the Club premises without being liable for any loss or damage howsoever caused;
15.1.2.give three months' notice in writing by registered post to the Member or former Member at his last known address as shown in the register of Members and then either:
a)sell the boat and/or trailer and/or any other property and deduct any monies due to the Club from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member; or
b)if the boat and/or trailer and/or any other property is unsaleable, dispose of the boat and/or trailer and/or any other property in any manner the Directors may think fit and deem the cost of doing and any arrears to be a debt owing to the Club by the Member or former Member; and
c)the Club reserves the right to charge storage for the boat and/or trailer and/or any other property including any associated Membership Fee until such time as the owner collects the boat and/or trailer and/or any other property or until notice has been served under Bye-law 15.1.2,
PROVIDED ALWAYS THAT proper evidence is available to show that all reasonable steps have been taken to trace a Member or former Member and that, when and if the boat and/or trailer and/or any other property is sold, if the Club is unable to account to the Member or former Member for the balance of the proceeds of sale, then the balance of the proceeds of sale shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether they be the said Member or former Member or otherwise) for a period of six years.
15.2.In addition to Bye-law 15.1, the Club shall at all times have a lien over Members' or former Members' boats and/or trailers belonging to Members or former Members parked on the Club's premises or other property in respect of all monies due to the Club, whether in respect of arrears of Fees or otherwise and shall be entitled to retain possession of the boat and/or trailer and/or any other property until such time as all monies due to the Club have been paid in full.
16.INSURANCE AND RESPONSIBILITY
16.1.No Craft shall be launched at Scaling Dam unless its owner/helm holds a current certificate of insurance for Third Party Liability of at least £5,000,000 which covers the Helm and Craft whilst at Scaling Dam. Failure to arrange adequate insurance cover will render the member liable for third party claims and the club shall be under no legal responsibility to the member or the third party.
16.2.Northumbrian Water Limited (NWL) and Scaling Dam Sailing and Watersports Club are not responsible for any loss, damage or injury sustained by any person, their property, or any third party in consequence of his/her entering or remaining on NWL/SDSC property and engaging in Watersports or any other activity.
17.USE OF THE WATER
17.1.No Craft shall enter the part of Scaling Dam defined as the Nature Reserve at the southwest corner of the reservoir, the limit of which may be marked by a row of mooring buoys and is shown on the map of the reservoir at the clubhouse, which will also indicates below water hazards known by the club.
17.2.No Craft shall be used for fishing, and sailors shall avoid causing annoyance to bank fishermen.
17.3.The sailing area/time may be restricted by the Directors or Officers or an individual appointed by them having regard to its use and prevailing conditions.
17.4.All Craft must leave the water when 4 white lights together with a red light and repeated sound signals are made.
17.5.Other than in an emergency or by agreement with Northumbrian Water Ltd, wading, paddling or swimming is not permitted except for purposes of normal Watersport activities including organised Swimming and launching and beaching of Craft on the jetty and the shore area in front of the clubhouse.
17.6.A buoyancy aid shall be worn by all Members and Guests when they are on the jetty or on or near the water unless specifically exempted in the safety policy for example while engaged in an organised swimming activity.
17.7.During Open Meetings and Special Events as displayed in the programme of activities, casual Watersports are only allowed by agreement with the Water Safety Manager whilst the event is in progress. The Water Safety Manager will take into account the area of water being used, the availability of Safety Boat cover, the competence of the members involved and the weather conditions. They will also discuss the request with the event organisers before taking a decision. The presumption is that casual Watersports should be allowed if at all possible.
17.8.A limited number of Club boats is available for Members holding a minimum qualification of RYA Dinghy Sailing Level 2 or appropriate equivalent to hire for casual sailing or general club racing. Junior members have priority in the use of Club Junior boats including but not limited to Toppers, Optimists, RS Fevas and Mirrors. A list of current charges and conditions may be obtained from the Club Development Officer.
18.CLUBHOUSE AND GROUNDS
18.1.The Club will normally be open at times displayed in the Club calendar.
18.2.Clubhouse facilities shall only be available when there is a Duty Officer authorised by the Directors on duty.
18.3.The Club's wifi is available for use by Members subject to the Club's fair use policy.
18.4.Persons dressed in sailing clothing are not allowed on the carpeted area and soft furniture.
18.5.It is against the law to smoke within the clubhouse.
18.6.Grounds
18.6.1.Dogs other than disability assistance dogs are not allowed in the clubhouse.
18.6.2.Dogs kept on a lead and under control are permitted to be brought onto the club grounds. The owners shall take responsibility for clearing up after their dog. If the dog is reported as not being kept under control twice during the season, it will be banned from the grounds.
18.6.3.Use of radios, television sets, record players and musical instruments is prohibited in the boatpark unless approved by the Directors.
18.7.Kitchen facilities are available for Members' use when not in use by the club for events. Members are expected to keep the area clean and tidy after use.
18.8.Boatpark
18.8.1.Boats are left in the boatpark at the owner's risk. Members shall keep their boat park space in good order including cutting the grass and ensure their craft and equipment are securely tied down and do not encroach on adjoining spaces.
18.8.2.Road trailers can be left in the designated spaces in the boat park subject to agreement with the Membership Secretary and payment of a fee. All road trailers left on site must be disabled and marked or tagged so the owner can be identified. Road trailers may be stored on member's own dinghy park spaces without additional charge.
18.8.3.Road trailers and trolleys are left at the club at the owner's risk.
18.8.4.The club reserves the right to request the removal of road trailers if necessary.
18.9.Members may be issued with a permit to display on their windscreen which will entitle them to use the Club car park without charge. Vehicles must be confined to the car park except when actually loading/unloading their Craft. The parking space next to the Club entrance is reserved for disabled Members.
18.10. Camping and caravanning in the club grounds is permitted by general agreement with the Directors. Depending on the space available permission shall not be withheld unless there is evidence of unreasonable behaviour or damage to club property.
18.10.1.A camping and caravanning fee together with a fee for use of the Club's electrical supply is payable to the Club.
18.10.2.The electrical supply shall not be used to charge vehicles and only used for reasonable domestic purposes.
18.10.3.Barbecues and open cooking devices and camp fires are not permitted on the grassed areas
18.10.4.Caravans, motorhomes and campervans may not be left unoccupied overnight in the camping area unless agreed.
19.NORTHUMBRIAN WATER REGULATIONS
19.1.No person shall commit any act which may result in the fouling of the premises, the clubhouse area or of water into the reservoir.
19.2.Only the lavatories provided in the clubhouse shall be used for sanitary purposes.
19.3.The needs of wildlife shall be respected.
19.4.No interference shall take place with the machinery, valves, drains, fences, gates and roads or other apparatus or works of Northumbrian Water Limited.
19.5.Boats and equipment shall be stored in the boat park.
19.6.No gun shall be brought into the area of Scaling Dam.
20.BYE-LAWS
20.1.These Bye-laws may be amended by the Directors from time to time subject to Article 13.5.2
21.ACKNOWLEDGEMENT
21.1.The Members acknowledge that these Bye-laws constitute a legally binding contract to regulate the relationship of the Members with each other and the Club.
APPENDIX A
Club Membership and Associate Membership
The table below displays Membership by Class and Type of Membership
| Membership Type Membership Class | Sailing | Paddlesport | Honorary | Swimming | Social | Group Temporary | Volunteer Complimentary Care |
| Family | Club Members ` | Associate Members | |||||
| Single | |||||||
| Young Adult | |||||||
| Parent / Guardian | |||||||
| Junior | |||||||
