Winnington Park Rugby Football Club
CLUB CONSTITUTION AND RULES (CC&R)
The name of the Club is Winnington Park Rugby Football Club, (hereinafter called the Club), and the Club shall be affiliated to both the Rugby Football Union and Cheshire Rugby Football Union.
2: AIMS AND OBJECTIVES
The objective of the Club is to provide facilities and promote the participation of the whole community in Rugby Union and sport in general. To achieve this objective, the Club will:
Provide coaching and competitive opportunities in the sport of Rugby Union
Provide and manage the facilities of the Club for the benefit of its members and
Promote Rugby Union, the Club, and other sports within the local community
irrespective of ethnicity, nationality, sexual orientation, religion or beliefs, age, sex, or
Discharge a duty of care for all members and visitors of the Club
Provide all the Club services in a way that is fair to all
Ensure that all present and future members receive fair and equal treatment
At the discretion of the Committee, establish affiliations with and/or offer facilities to
other not for profit sports and community groups for the benefit of the local
community where the aims and objectives are aligned to those of the Club
The Club will act in accordance with the Club Premises Certificate (CPC) and Global
Data Protection Regulations (GDPR) at all times
The Club will act in accordance with RFU rules and regulations wherever possible as detailed on the England Rugby website:
3: CLUB COLOURS
The Club colours are Navy Blue, Royal Blue, Sky Blue and White
The Committee shall be responsible for determining the Club colours, but the colours can only be changed following notification to the membership at the Annual General Meeting (AGM).
4: CONSTITUTION OF THE COMMITTEE & OFFICERS
The affairs of the Club shall be administered by the Committee (hereinafter called " the Committee"). The Committee shall consist of:
1. The President (appointed by the newly elected Committee at their first meeting post the AGM)
and the following persons elected at the AGM:
Membership & Data Secretary
Director of Senior Men’s Rugby
Director of Women & Girl’s Rugby
Director of Mini & Junior Rugby
Head of House & Grounds
Head of Business Development
Members of the Committee must satisfy the HMRC ‘fit and proper person’ test including compliance with the following rules:
The Committee shall have power to identify additional voluntary roles required to support them in exercising their aims and objectives and recruit Club members to fulfil them on a temporary or permanent basis.
Members of the Committee shall be eligible for re-election at the AGM on confirmation that they wish to stand for re-election.
The Committee shall meet as and when required, but no less frequently than five times in a season.
6 members of the Committee can form a quorum as long as one of the following four office holders are present:
The Committee may invite the attendance at any meeting of such persons as it deems fit.
The Committee who shall appoint Club members to assist, shall undertake the general management of the Club and these members shall be designated as Officers of the Club. The Committee shall give terms of reference and/or role portraits to all such Officers at the time of appointment.
The Committee shall make Club Rules as it sees fit and desirable to assist in the management of the Club.
The Committee and Officers of the Club shall retire at the end of each year but will be eligible for re-election or appointment.
The Committee are accountable for ensuring up-to-date and accurate Club Constitution & Rules (CC&R) are in place at all times that stipulate how the Club will be managed and governed. The Constitution must be approved by members at the AGM.
The Committee can at any time propose amendments to the CC&R but only the membership can approve the Constitution or amendments to the Constitution at the AGM or an Extraordinary General Meeting (EGM).
4.1: SECTIONS OF THE CLUB
The Committee shall have power to approve or otherwise the formation or dissolution of any section of the Club for the purpose of advancing the Club's interests and/or activities. New sections of the Club shall not be formed without the approval of the Committee.
The Committee shall appoint not more than 4 Trustees of the Club and the property of the Club (other than cash which shall be under the control of the Treasurer) including the power to enter guarantees, charge, sub-let or mortgage the property of the Club, shall be vested in them as recorded in the minutes of the AGM or EGM.
The Trustees shall:
Ensure the Club is carrying out its purposes for the benefit of its members
Comply with its Constitution and act in the spirit of its Aims & Objectives
Make decisions that are in the Club’s best interests
Ensure the Committee is fulfilling its accountabilities
- Act with reasonable care and skill
The Trustees shall be indemnified against risk and expense out of the Club property.
The Trustees shall hold office until death, resignation or until otherwise removed from office. In this event, the remaining Trustees in consultation with the Committee shall nominate the person or persons to be appointed the new Trustee or Trustees so that the number of Trustees remains at 4.
A list of all serving Trustees of the Club will be posted on the Club website.
6: ANNUAL GENERAL MEETING
The AGM of the Club will be held before the 31st July in each year unless matters outside of the Clubs direct control apply (e.g. Pandemic). The Chairperson, Vice-Chairperson or Secretary shall give at least 14 days’ notice to the members. The President, or in his / her / their absence, a member of the Committee shall take the chair at the AGM.
For the AGM to be quorate, 25 members (excluding the Committee) must be present. If less than 25 members are present the meeting cannot commence and must be rescheduled as soon as possible.
The Agenda of the AGM shall be:
To read and confirm the Minutes of the previous AGM
To receive from the Committee reports on the general condition and progress of the
Club during the preceding year
To receive accounts and balance sheet for the preceding year, which will comply with
current RFU guidelines
To elect the members of the Committee and Club Officers for the ensuing year
To transact any other business relating to the affairs of the Club, of which at least seven days’ notice in writing has been given to the Chairperson, Vice-Chairperson or Secretary for inclusion in the agenda. No business other than that appearing on the agenda shall be transacted except by permission of the person chairing the meeting
7: EXTRAORDINARY GENERAL MEETING
The Committee shall have power to call an EGM of the members at any time by giving 7-days’ notice.
The Committee shall at any time call an EGM upon 7-days’ notice after receipt by the Secretary of a request signed by at least ten members.
At an EGM, 25 members (excluding the Committee) shall form a quorum. If less than 25 members are present the meeting cannot commence and must be rescheduled as soon as possible.
Membership of the Club shall be open to all persons irrespective of ethnicity, nationality, sexual orientation, religion or beliefs, age, sex, or disability. The Club may refuse membership or expel from membership only for good and sufficient cause, such as conduct or character likely to bring the Club or sport into disrepute. Appeal against such a decision may be made to the Club Disciplinary Committee.
The following classes of membership will exist:
Social Members (Non-Voting): Social Membership shall be open to all individuals over the age of 18. Such members shall be known as Social Members and they shall not be eligible for election to the Committee, nor shall they have voting rights at AGMs or EGMs.
Parent/ Guardian (Mini & Junior & Young Person) Social Members (Voting): Social Membership exclusively for Parent/|Guardians of Mini, Junior and young persons (16- 17yrs) players shall be open to all individuals over the age of 18. Such members shall be known as Parent/Guardian Social Members, and they shall be eligible for election to the Committee and shall have full voting rights at AGMs or EGMs. ‘Households’ shall be parents/guardians and all of the persons under the age of 18 that they have responsibility for. Persons under the age of 18 shall not be eligible for election to The Committee nor shall they have voting rights at AGMs or EGMs
Mini, Junior & Young Person (16-17yrs) - Player Members (Non-Voting): Player Membership shall be open to all persons up to the age of 18. Mini, Junior and Young Person members shall be entitled to use all facilities provided by the Club. Mini, Junior and Young Person members will be allowed entry to those portions of the Club premises as the Committee shall from time to time determine but in no circumstances shall they be entitled to purchase intoxicants. Except where otherwise stated, the general rules governing adult membership shall apply. All Mini, Junior and Young Person members shall not be eligible for election to The Committee, nor shall they have voting rights at AGMs or EGMs.
Senior - Player Members (Voting): Player Membership shall be open to all individuals over the age of 18 who wish to play Senior Rugby. Such members shall be known as Player Members, and they shall be eligible for election to the Committee and shall have full voting rights at AGMs or EGMs.
Touch & Walking Rugby - Player Members (Voting): Player Membership shall be open to all individuals over the age of 18 who wish to play Walking or Touch Rugby. Such members shall be known as Player Members, and they shall be eligible for election to the Committee and shall have full voting rights at AGMs or EGMs.
18+ Students in Further / Higher Education or Apprenticeships – Player Members (Voting): Player Membership shall be open to all Students in Further / Higher Education or Apprentices over the age of 18 who wish to play Senior Rugby. Such members shall be known as Player Members and they shall be eligible for election to the Committee, have full voting rights at AGMs or EGMs and shall be eligible for discounted membership.
Vice Presidents (Voting): Vice President membership shall be open to all non-playing individuals over the age of 18. The Membership & Data Secretary of the Club will, on behalf of the Committee review all such applications for Vice-President membership and raise any concerns with the Committee for decision. The Committee reserve the right to decline Vice-President membership to any individual citing their reasons in writing to that individual and recommending alternative membership options for consideration. Vice-President members shall be entitled to the same use and facilities of the Clubhouse as Parent/Guardian Social Members. Such members shall be known as Vice-Presidents and they shall be eligible for election to the Committee and shall have full voting rights at AGMs or EGMs.
Honorary Life Vice-President Members (Voting): The Committee shall have power to appoint, in recognition of services rendered to the Club, Honorary Life Vice-President Members, who shall be entitled to all the privileges of Vice President Members. The number of Honorary Life Vice-President Members appointed shall not normally exceed one for every 50 ordinary members of the Club (i.e. members other than Honorary Life Vice-Presidents).
Associate Members (Non-Voting): Members of non-rugby playing Clubs affiliated to the Club must apply for Associate Membership in order to use the Club facilities, thereby enabling the Club to maintain an accurate record of all individuals who have membership access to the Club. Associate Member fees will be set at a nominal rate decided by the Committee. Associate Members shall not be eligible for election to the Committee, nor shall they have voting rights at AGM or EGMs.
8.1 APPLICATION FOR MEMBERSHIP
Application for membership shall be made on an annual basis and shall be via the RFU’s GMS system to comply with GDPR. The Committee will delegate responsibility to the Membership & Data Secretary to accept or reject such applications. Applications rejected by the Membership & Data Secretary shall be presented to the Committee for a final decision.
No person shall be considered as a Member or be entitled to the benefits of membership until his/her/their application has been accepted and their subscription paid.
8.2 NON-MEMBERS ATTENDING PRIVATE FUNCTIONS AND SPORTING COMPETITIONS.
When the Club premises are privately hired for an event e.g. dinner dance, wedding reception, birthday party etc. the Committee shall have power to provide for the supply to and consumption of intoxicating liquors by those attending the function accepting that they are non-members of the Club.
It will be a condition of hire and agreement for the supply and consumption of intoxicating liquor that the person hiring the Club premises shall provide to either the Head of House & Grounds or Secretary the number of guests attending at least 48hrs before the event in question commences.
When Club premises are used to host an event organised by the Club or on behalf of the Club (e.g. Chester 7’s) and attended by persons participating either as competitors or spectators is not limited to members of the Club, and whether or not an entrance fee is charged, the
Committee shall have power to provide for the supply to and consumption of intoxicating liquors to such persons as long as where such a competition or event takes place outside of normal permitted hours, application for the supply and consumption of intoxicating liquors shall be made to the Licensing Authority for the necessary special order of exemption.
Under no circumstances shall intoxicating liquor be supplied for consumption off the premises otherwise than to a member of the Club and on condition that such intoxicating liquor shall be supplied and removed from the premises only during the permitted hours.
8.3 LIABILITY OF MEMBERS
The only financial liability of members is for such payments to the Club as provided for in these CC&R.
8.4 MEMBERSHIP CARDS
Membership cards will be renewed each year electronically following acceptance of application and payment or agreement to pay annual subscriptions. The Committee may choose to make discounts eligible to members on the production of a valid membership card. The status and rules for any discounts available will be displayed on the Club website (https://winningtonparkrfc.rfu.club/).
A member of the Committee, Officer of the Club or member of the Bar Staff may check the status of an individual’s membership at the bar till using their membership card and with their permission
8.5 LIST OF MEMBERS
A list of Members and Associate Members (names only) shall be made available for inspection by members in the Club subject to a request (including justification) being made in writing to a member of the Committee.
An accurate list of Club Members and Associate Members will be maintained and on the Club GMS system. Only members of the Committee have access to members details on GMS with reduced access being made available to Officers and Club Volunteers to enable them to carry out their role and purpose as required.
The Committee shall ensure compliance with GDPR with respect to all member data they have access to.
8.6 MEMBER SIBLINGS
Mini, Junior and Young Person members and siblings of Club members shall only be admitted and have use of the facilities when under the supervision of an adult member or a member of the coaching staff with their prior knowledge and agreement. Members shall be responsible for the proper conduct of their siblings at all times whilst on the Club premises whether present or not.
Any member or guest suspected on reasonable grounds of misconducting themself on or about the Club premises may be asked and, if necessary, compelled to leave at once by direction of a member of the Committee or a nominated Officer of the Club.
Any member of the Committee or nominated Officer shall have power temporarily to suspend any individual suspected on reasonable grounds of breaching Club disciplinary rules pending consideration of the circumstances by the Club Disciplinary Committee.
A Disciplinary Committee will be formed of members of the Committee and/or Officers of the Club excluding the Club Chairperson and President. It will be chaired by the Disciplinary Secretary for playing matters or the Vice-Chairperson for non-playing matters. The Disciplinary Committee shall be formed of 3 (min) to 6 (max) Committee Members and/or Officers.
Disciplinary hearings shall be conducted in a fair and just manner and in accordance with the fundamental principles of natural justice, whilst recognising that neither a Disciplinary Committee nor an Appeal Panel is a court of law and as such panellists or those appearing before panels may not be legally qualified. Therefore, in the interests of achieving a just and fair result, procedural and technical considerations shall take second place to the overriding objective of being just and fair to the parties involved.
The Disciplinary Committee (playing and non-playing) shall have power to suspend, expel or impose other appropriate sanctions they see fit if a member is found guilty of conduct, they deem likely to bring the Club into disrepute provided that the member:
a) has been notified in writing of the potential outcomes of the disciplinary process
b) has been given sufficient opportunity to explain his/her conduct
c) has been able to put forward any mitigating circumstances that may explain their actions/behaviour
Any member suspended, expelled, or sanctioned by the Disciplinary Committee (playing or non-playing) has the right to appeal the decision. The appeal needs to be made in writing to the Club Chairperson withing 14-days from the date of notification of the intent to expel / suspend. The appeal will be heard by the Club Chairperson who will decide whether to uphold, downgrade or overturn the decision citing their justification to the member(s) concerned, the Disciplinary Secretary or Vice Chairperson and for the record. The decision of the Club Chairperson is final.
In the unlikely event that the Club Chairperson is required to appear before the Disciplinary Committee, he/she/they will have the right to appeal any decision by writing to the Club President within 14-days of suspension, expulsion, or sanction. In this instance the President’s decision will be final.
A member suspended or expelled shall have no claim on the Club for repayment of any part of his/her/their subscription previously paid or being prohibited from entering or using the Club facilities such as the Committee may decide.
Members and visitors having any complaints to make against any employee of the Club, fellow member, or guest, shall communicate in writing with the Secretary, who shall bring the complaint before the Committee, excluding the President.
The Committee shall review all complaints at the earliest opportunity, no later than the next scheduled Committee meeting and determine the most appropriate course of action to respond to the specific complaint. Once fully investigated a member of the Committee shall issue a written response to the member or visitor detailing the outcome and recommended actions as required.
If the complaint is against a member of the Committee, the member should make their complaint in writing to the President.
It will be the responsibility of the President to review the complaint against a member of the Committee at the earliest opportunity, no later than the next scheduled Committee meeting and issue a written response to the member or visitor.
11: CLUB HOURS
The Club premises shall be open for recreational and social activities during hours determined by the Committee.
12: INTOXICATING LIQUOR
The Club will act in accordance with its CPC, the Licensing Act 2003 (the ‘Act’) and the Cheshire West & Chester (CWAC) licensing policy statement as adopted by CWAC on 13th December 2018 and subsequent iterations (every 5yrs) so that the core objectives of the Act are upheld, namely:i) The prevention of crime and disorder
ii) Public safety
iii) The prevention of public nuisance; and
iv) The protection of children from harm
The hours during which intoxicating liquor may be supplied shall be fixed by the Committee and from time to time within the limits prescribed by the Act and CPC. No intoxicating liquor shall be supplied for consumption off the premises except to a member on the premises, and such intoxicating liquor shall be supplied and removed from the premises only during the permitted hours. The prices of all wines, spirits minerals and ales shall be shown on a list in the bars of the Club.
12.1: PURCHASE OF FOOD & LIQUOR FOR RESALE
The Head of House & Grounds and shall be accountable for all matters relating to the purchase and sale of intoxicating liquor and food by the Club to its members and visitors. The Head of House & Grounds may delegate the responsibility for purchasing intoxicating liquor and food to nominated Officers of the Club as they see fit, but they will remain accountable.
Accounts for the bar and kitchen will be presented to the Committee as required.
13: CLUB PREMISES AND GROUND
The Club premises, grounds and property shall not any time be used for political or sectarian purposes.
The Committee shall have power to charge members and/or visitors for admittance to the Club premises and/or grounds for special events to generate revenue for the Club. The Committee shall also have the power to reserve the Club premises and/or grounds at its discretion to facilitate such events.
13.1: DAMAGE TO CLUB PROPERTY
Any member who breaks or damages property of the Club shall be required to repair or replace such property to an equivalent standard of repair prior to the damage taking place. The Committee shall determine if the repair or replacement satisfies this requirement.
13.2: RISKS TO PERSONS AND PROPERTY
Persons using the Club grounds, car park and premises shall be deemed to do so at their own risk and the Committee shall not be liable for any loss of or damage to persons, cars, clothes, jewellery, money, or other property of any kind whatsoever brought by, sent to or left by employees of the Club, members or visitors on the Club premises.
14: CLUB RULES
Copies of the CC&R shall be posted on the Club website. All members will be subject to the CC&R and by joining the Club will be deemed to have accepted them.
14.1: INTERPRETATION OF RULES
The Committee shall be the sole authority for the interpretation of the CC&R. The decision of the Committee upon any question of interpretation or any matter affecting the Club and not provided for by CC&R shall be binding on the members.
14.2: AMENDMENT OF RULES
These CC&R may be added to, repealed, or amended by resolution of the Committee subject to ratification at the next AGM or EGM by a resolution passed by a simple majority of the members present.
15: CLUB SUBSCRIPTIONS
The annual subscription of the Club shall be payable in advance and during the period 1st August to 31st October of each year
Payment of the appropriate annual subscription shall entitle a member to free entrance to the grounds and Club premises on all ordinary occasions, and to participation in any of the games or amusements provided by the Club on payment of fees decided upon by the Committee.
The Committee shall have power to alter the annual subscription and / or fees from time to time. A notice setting out all subscription / fee’s payable shall be posted permanently on the Club website
No person shall be entitled to the privileges of membership who has not paid or renewed his/her/their subscription for the current year
The Committee shall have power at its discretion to prohibit from entering or using the Club facilities on all occasions, any member who has failed to renew his/her/their subscription by 31st October.
Members who fail to maintain their Direct Debit subscriptions will be notified in writing by the Membership & Data Secretary and given 7-days to reinstate their payments. Failure to reinstate membership payments within the 7-day period following notification will result in the cancellation of their membership without the right to any form of compensation from the Club.
A member so prohibited may regain the full privileges of his/her/their membership on payment of the subscription due, which shall not be at a less rate than the full annual subscription
A member may retire from membership on giving one month's notice in writing to the Secretary of the Club, but no subscription or part thereof shall be refunded on cessation of membership
New members or returning members may be eligible for pro-rata membership if they were not a member in the preceding 18-months
The financial year for the Club shall be from the 1st day of June to the 31st day of May
The income and profits of the Club whenever derived, shall be applied solely towards the benefit of the Club in accordance with its CASC status, and shall be allocated in the discretion of the Committee to the redemption of debt, reduction of subscriptions
payable by the members, or otherwise in improving the facilities of the Club.
No portion of the said profits shall be paid by way of bonus to the members or third
All monies shall be banked in an account held in the name of the Club
The Club Treasurer shall be responsible for managing the financial affairs of the Club
The Club Treasurer shall present to the AGM accounts and balance sheet for the
preceding year which will be externally verified as required and comply with current RFU guidelines for Clubs
17: DISSOLUTION OF THE CLUB
In the event of the dissolution of the Club, any assets remaining after the satisfaction of all debts and liabilities shall not be paid to or distributed among the members of the Club but shall be given or transferred to the Rugby Football Union for use by them for related community sports.
Nick Cornwell (Secretary) – last updated: 9th December 2021