Club Rules

Name of Society

  1. This Society is a Working Men's Club, and shall be called the "Malling Town Club", and its registered office shall be at the Club House, 4-8 Swan Street, West Malling, Kent ME19 6LP. In the event of any change in the situation of the registered office, notice of such change shall be sent, within 14 days thereafter, to the Registrar, in the form provided by the Treasury Regulation in that behalf.

The Objects of the Society

  1. The objects of this Society are to afford to all classes the means of social intercourse, mutual helpfulness, mental and moral improvement, and rational recreation. The rooms of the Club shall not be used for any purpose which in the opinion of the Trustees, would be opposed to the objects for which it was established.

Membership

  1. Persons applying for membership of the Society must be nominated by an existing
    Member, who has known the applicant for at least 12 months, and seconded by another Member. The Committee shall have the power to expel from membership such nominating Member should the applicant be so expelled within 12 months of being granted membership.

    Under the rules of the Society, persons may not be admitted to the Club premises or be admitted, as candidates for membership, to any of the privileges of the Society, without an interval of at least two days between their application for membership and their admission.

    No person under 18 years of age to be admitted to membership. No more than 1,000 persons may be Members of the Society at any given time.

    The Annual Subscription and Joining Fee for the following year commencing 1st January shall be decided at the A.G.M and the Annual Subscription for the forthcoming year shall be paid on or before 31st January in each year. Any Member, who does not pay the Annual Subscription when due, shall immediately cease to be a Member. Any subsequent application for re-election as a Member shall be subject to payment of arrears. Members must apply by the following provisions whilst on Club premises:

    3A) No child under the age of 14 shall be admitted to the snooker and pool area and those between the ages of 14 and 18 must always be accompanied by a Member when in such area.

    3B) No child under the age of 18 shall be allowed at the bar at any time. No child under the age of 14 shall be on Club premises after 9 pm.

    3C) Children under the age of 18 must be accompanied by adults at all times and it shall be the responsibility of the Member signing in children guests to ensure that they do not cause a disruption whilst on Club premises.

    3D) Only staff and Committee members shall be permitted to press the release button for the door entry system operating at the Club premises.

    3E) Smoking and the use of e-cigarettes is always prohibited in the Club premises.

    3F) No animals, other than accredited assistance dogs, shall be permitted in the Club premises at any time save as previously authorised in writing by the Committee.

    3G) No member or guest in a state of intoxication shall be allowed in the Club premises.

    3H) Every Member and guest is expected to respect the property of the Society whilst in the Club premises.

    3J) Members and guests are required to wear a shirt or t-shirt and should not wear any headwear or hoods.

    3K) No swearing, betting or unreasonable noise shall be allowed on Club premises.

    3L) No criminal activity, illegal drug use or verbal or physical abuse of staff or other Members or guests shall be permitted on Club premises.

    Any breach of the provisions set out at Rules 3A to 3L (inclusive) by a Member may result in termination or suspension of their membership of the Society, at the discretion of the Committee. The individual in question shall have the right to appeal against such termination, in accordance with Rule 17, save where such termination arises in respect of Rule 3L where no right of appeal shall exist notwithstanding any other provision of these Rules.

    Additionally, Members must use the services and facilities of the Society for a minimum of six visits per annum commencing Sunday 28th April 2019 (agreed at the AGM of that date).

    Usage will be checked by the Committee each November and the Committee will write to any Members who have not satisfied such requirement at the time of checking to advise them that their membership may be subject to termination at the discretion of the Committee. The individuals in question shall have the right to appeal against such termination, in accordance with Rule 17.

    On termination of membership of the Society by the Committee, the ex-Member in question shall not be entitled to re-apply for membership of the Society for a period of 12 months.

Honorary Members

  1. Members of the West Malling Branch of the Royal British Legion shall be honorary members of the Society for the evenings on which the Meetings of the Branch are held in the Club premises. Honorary Members shall not be entitled to any rights of the Society and shall be subject to such regulations as the Committee may from time to time determine. The Secretary of the Branch shall supply a list of the names and addresses of the members of the Branch, together with all alterations thereto, to the Secretary and a member of the Branch shall not be admitted to the Club premises as an Honorary Member unless his name and address has been notified to the Secretary at least 48 hours prior to such admission.

Composition of Committee

  1. The Committee of Management, referred to as the Committee, shall consist of 8 Members who shall each have been a Member for at least 5 years. Any Member who is suspended from membership of the Society at any time shall be suspended from serving as part of the Committee throughout the period of suspension from membership of the Society. In the event of the termination of any Member's membership of the Society, such Member shall be deemed to resign from any service on the Committee with immediate effect and be prohibited from so serving at any time in the future.

Trustees and Officers

  1. There shall be four Trustees, in whom shall be vested all the property purchased by, or given to, the Society, who shall be responsible for the carrying out of the objects of the Society as above recited. The Trustees shall be admitted to all meetings of the Committee, and shall be at liberty to take part in the proceedings thereof, and vote on any question under discussion. All Trustees shall be considered to hold office permanently, until resignation, death, or removal.

    A trustee shall be removable only by the votes of three-fourths of the Members present at a Special General Meeting. In the case of removing or appointing any Trustee, 14 days' notice shall be given; (1) by a circular sent to all members who are original donors of £5 and upwards, and to the Trustees; and (2) by a notice posted in the Club premises. In the event of any Trustee dying, resigning, or being removed from office, another shall be elected by a majority of the members present at the Annual General Meeting or at a special general meeting to supply the vacancy. Every resolution appointing a Trustee shall be entered on the minutes of the meeting at which he is appointed. A copy of every resolution appointing a Trustee shall be sent to the Registrar, within 14 days signed by such Trustee and countersigned by the Secretary in the form provided by the Treasury Regulations. The Trustees for the time being, of the Society, may, with the consent of a Quorum of the Committee, for the time being, borrow such sum, or sums of money, as in their opinion may be necessary for the purposes of the Society, upon such terms as to interest and otherwise, as they may think fit, and may execute a Mortgage of the Club premises, to secure such sum, or sums of money and the interest thereon.

Committee of Management

  1. One third of the Committee shall retire annually on rotation (such retiring Members being eligible for immediate re-election). Persons may be nominated and elected to serve on the Committee for a three-year term and as the Treasurer (who shall have the right to attend and vote at any meeting of the Committee) and Auditors, at the Annual General Meeting. This Committee, as well as the Treasurer, Secretary, and Auditors, shall continue in office until the period of appointment expires, retirement or removal by a resolution of the majority of Members present at any Special General Meeting.

    The Committee shall have power to appoint and determine, the appointment of the Secretary and any other paid servant, provided that the first Secretary of the Society shall be appointed at the first General Meeting. The Secretary shall have the right to attend and vote at any meeting of the Committee.

    If any of the Committee, Treasurer, Secretary or Auditors die, are removed, or retire the Committee shall appoint persons to fill the vacancies for the period to the next A.G.M. All retiring members of the said Committee, or other officers of the Society (other than those retiring by rotation as required above), shall not be eligible for re-election until such time as their appointment would have expired had they not resigned. Any member of the Committee, who shall omit to attend the meetings of the Committee for a period of three months without prior authorisation by the Committee, shall cease to be a member of the Committee.

    The business of the Society shall be conducted by the Committee together with those who have the right to attend and vote at any meeting of the Committee and they shall have the full control of all the affairs of the Society in conformity with these Rules. The Committee shall meet at least once a month, and four of those persons entitled to attend and vote at the meeting shall form a quorum and all questions shall be determined by a majority of votes. The Chairman shall not have the right to vote unless the votes are equal when the Chairman shall have a casting vote. The Committee shall elect persons as Members of the Society, and shall have power to expel Members for failure to abide by the Rules, to enforce the Rules, and to make such regulations, from time to time, as may be necessary for the conduct of the Club, provided there be nothing contrary to the Rules.

    The Committee may grant life membership of the Society to: any person who became a Member prior to 30 April 2014, who is over 65 years old and has been a Member for at least 5 years; and to any person who became a Member after 30 April 2014 and is over 65 years old and has been a Member at least 10 years. Such life membership remains subject to termination or suspension for failure or suspected failure to abide by the Rules.

    It shall be the duty of the Committee to provide the Secretary with enough copies of the Rules, to enable them to deliver to any person on demand, a copy of such Rules.

The Treasurer

  1. The Treasurer shall be responsible for such sums of money as may from time to time be paid into their hands by the Secretary, or by any person on account of this Society; they shall render their cash account quarterly, and shall, if required, attend every General Meeting where they shall have the right to vote.

The Secretary

  1. The Secretary shall keep minutes of all meetings, shall receive subscriptions and other monies, and shall hand over all monies received by them on account of the Society, to the Treasurer weekly. They shall enrol the names of the Members and receive their subscriptions. they shall prepare the quarterly report and act generally as the official organ of the Society.

General Meetings

  1. The Annual General Meeting shall be held prior to the end of April in each year at a venue to be determined by the Committee. A Special General Meeting of the Members shall be called by the Secretary, on a requisition signed by Twenty of the Members qualified to vote, specifying the object of the meeting, and giving fourteen days' notice of such meeting.

    Fourteen days’ notice of any general meeting, stating the business to be transacted at such meeting, shall be posted on the Club Notice Board.

    The Committee shall have the power to call an Extra-Ordinary Meeting of the Members.

Audit of Accounts

  1. The Committee shall cause the accounts of all business carried on by the Society to be regularly entered in proper books (including a separate account of the expenses of management and of all contributions and other moneys which may be applied to those expenses), and shall cause a statement of the accounts of the Society, with all necessary vouchers, to be made out and laid before the Auditors appointed for that purpose each year, and at the yearly meeting of the Society, shall lay before such meeting a balance sheet, signed by the Auditors, showing the receipts and expenditure and the assets and liabilities of the Society in accordance with the provisions as provided in Sections 29 to 40 of the Friendly Societies Act 1974; and the Auditors shall make to such meeting, a report upon the balance sheet as laid before them, and in case they do not adopt the same, or any part thereof, shall specially report thereon to such meeting. The books and accounts of the Society shall be produced by the Secretary, for the inspection of any Member or person having an interest in the funds at all reasonable times.

    It shall be the duty of the Committee of Management to post the balance sheet for 14 days prior to the A.G.M. and to keep a copy of the last annual balance sheet of the Society, together with any special report of the Auditors, always available to any member upon application to the Secretary and publicly displayed on the club notice board for all members to view. 

Annual Returns to the Registrar

  1. Every year before the 1st of June, the Secretary shall send to the Registrar, the Annual
    Return required by the Friendly Societies Act 1974, in the form prescribed by the Financial Conduct Authority, of the receipts and expenditure, funds, and effects of the Society, and of the number of Members of the same, up to the 31st December last inclusively, as audited and laid before a General Meeting, showing separately the expenditure in respect of the several objects of the Society, together with a copy of the Auditors' report.

    Such return will state that the audit has been conducted by a Qualified Auditor appointed in accordance with the Friendly Societies Act 1974.

    It shall be the duty of the Committee to provide the Secretary with a sufficient number of copies of the Annual Return, or of some balance sheet or other document, duly audited containing the same particulars as are contained in the Annual Return, as to the receipts and expenditure, funds and effects, of the Society, for supplying gratuitously, every Member or person, interested in the funds of the Society, on their application, with a copy of the last Annual Return of the Society, or of such balance sheet, or other document as aforesaid for the time being; and it shall be the duty of the Secretary to supply such gratuitous copies on application accordingly.

Investment of Funds

  1. All monies received on account of contributions and donations, admission fees or otherwise, shall be applied according to the Rules, no surplus shall be divisible among the members individually. Any officer or officers, Member or Members, misapplying the funds shall repay the same and be expelled, without prejudice to liability to prosecution for such misapplication. Funds not immediately required for the purposes of the Society, shall be invested by the Trustees with the consent of the Committee, in a Savings Bank certified under the Act of 1863, or in the Post Office Savings Bank, or in the Public Funds, or in the purchase of land, or in mortgage or freehold securities.

Hours

  1. Save as previously agreed by the Committee from time to time, the Club premises shall be opened on weekdays and Saturdays (not including Bank Holidays in England) between 11:30 a.m. and 11 p.m. and on Sundays between 11:30 a.m. and 9.00pm notice of which shall be affixed at the entrance of the building, or in some conspicuous position. In any event the Club premises, will close 30 minutes after the Bar has been legally closed and Members and their guests must finish drinking 20 minutes after the Bar has been legally closed.

    The Bar will be open for the sale of intoxicating liquor during the legally permitted opening hours.

Right of Voting

  1. Voting is based upon one member one vote, save that no Member shall be entitled to vote at any Meeting who is in arrears with their subscription. In the case of meetings held for the alterations or rescinding of any Rule, they must have been in membership for the preceding three months.

    For the removal or appointment of Trustees the Member must have been in membership for not less than twelve months.

Making or Altering Rules

  1. No new Rule shall be made, nor any of the Rules herein contained or hereafter to be made shall be amended, altered, or rescinded unless with the consent of a majority of the Members present at a General Meeting of the Society specially called for that purpose, fourteen days' notice of proposed alteration being given. No amendment of Rules is valid until registered.

Settlement of Disputes

  1. Save where expressly excluded by these Rules, any dispute between an aggrieved Member or ex-Member and the Society, following a Committee decision affecting their membership, can be appealed to a panel of external independent arbitrators, whose decision will be final and binding.

    The panel of arbitrators shall be comprised of two officials of management committees from other similar clubs who have no connection to the Member or ex-Member concerned.

    No appeal shall be arbitrated unless made within 14 days of the applicable Committee decision, and in writing, addressed to the Secretary, accompanied by a fee of £75.OO, the disposition of which shall be at the discretion of the arbitrators.

Dissolution

  1. This Society may be dissolved by the consent of three-fourths of the Members, testified by their signatures to an "Instrument of Dissolution", provided for in the Friendly Societies Act 1974.

Applications to the Registrar

  1. One-fifth of the total number of Members, or if the total number of members is 1,000 or more, then such number of Members as is prescribed by law, 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-
    1. For the appointment of one or more inspectors to examine into and report on the affairs of the Society.
    2. For the calling of a special meeting of the Society.
    3. For an investigation into the affairs of the Society with a view to the dissolution thereof where the funds are insufficient to meet the existing claims thereon, or the rates of contributions fixed in the rules are insufficient to cover the benefits assured.

FRIENDLY SOCIETIES ACT 1974

Acknowledgment of Registry of Society

The Malling Town Club is registered as Working Men's Club under the Friendly Societies Act 1974.

Revised 1979, 2017 and 2023.