P.M.B & S.C. Limited (trading as Cardiff Bay Yacht Club)
Rules and Bye-laws
Unless the context otherwise requires, words or expressions contained in these Rules and Bye-laws shall bear the same meanings as in the Company’sArticles of Association.
The Rules and Bye-laws may be updated from time to time by the Council of Management. The current version of the Rules and Bye-laws are contained on the Club’s web-site (www.cbyc.co.uk).
I.1 These Rules and Bye-laws, as updated from time to time by the Council of Management, are in substitution of all previously published rules and bye-laws and shall apply absolutely henceforth.
1.2 The Company is called P.M.B & S.C. Limited, and governs the Cardiff Bay Yacht Club (the “Club”). Its objectives are defined in the Memoranda and Articles of Association, a copy of which is always displayed in the Clubhouse. Where there is a conflict between the Rules and Bye-Laws and the Memoranda and Articles of Association the latter shall prevail.
1.3 Every Member of the Company shall furnish the Honorary Secretary with an up-to-date address and phone number if available, which shall be recorded in the Company’s register of Members and any notice sent to such address shall be deemed to have been duly delivered.
1.4 Every Member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Rules and Bye-Laws of the Club. Any refusal or neglect to do so, or any conduct which, in the opinion of the Council of Management is either unworthy of a Member or otherwise injurious to the interests of the Club, shall render a Member liable to expulsion, suspension, reprimand or such other restriction imposed by the Council of Management.
1.5 Provided that, before disciplining a Member in any manner, the Council of Management shall invite such Member to provide a written explanation of his actions and allow such Member to address the Council of Management at a convened meeting to explain his actions. A resolution dealing with a Member's conduct as set out above shall be carried by a simple majority vote by those members of the Council of Management voting on the resolution.
1.6 The Council of Management is as set out in article 8 of the Articles of Association.
1.7 No person shall be eligible for nomination as an Officer of the Club, or as a member of Council of Management unless they have been a Member of the Club for a period of two consecutive years, and no person shall be eligible for nomination as a Flag Officer unless they have previously served on the Council of Management for a period of one year. The Officers and other members of the Council of Management shall be elected in accordance with the Articles of Association.
1.8 For the purpose of the relevant section of the relevant liquor licensing legislation in force in England and Wales from time to time, the purchase for the Club and the supply by the Club of intoxicating liquor shall be managed by the Vice Commodore.
1.9 No person under the age of 18 years shall consume intoxicating liquor on the Club premises and no person shall supply or aid or procure to the supply of intoxicating liquor to any person under 18 years of age at any time.
1.10 The Council of Management may from time to time, make, alter and repeal Rules and Bye-laws regulating the use of the Clubhouse by Members, the admission of guests to the Clubhouse, the holding of Regattas and competitions and generally for the good conduct of the affairs of the Club. Such Rule and Bye-Laws shall be binding on all Members and constructed as part of the Rules and Bye-Laws of the Club, until rescinded.
1.11 The administrator, through the office of the Membership Secretary, shall keep a register of Members and a register of Club Yachts in which shall be entered the name and description of every yacht, belonging to any Member of the Club, together with the owner's name and address.
1.12 The Sailing Secretary shall keep records of Club Regattas and other such events.
1.13Fees, subscriptions and dues are not transferable.
1.14 No Club facilities, premises, equipment, debentures or franchises can be used by Members for personal gain, whether financially or in kind, without the express prior permission of the Council of Management in writing.
1.15 Members whose subscriptions are not paid within 30 days of the date of invoice in any year shall be notified thereof by letter. In the event of non-payment within 60 days of the date of invoice in the same year, their subscription shall be deemed to be in arrears and their names shall be posted on the club notice board. At this time they shall also cease to be entitled to use the clubhouse or to enjoy the privileges of the Club so long as their subscription shall remain in arrears. If the subscription be not paid within 90 days of the date of invoice in the same year, they shall cease to be a Member of the club but the Council may, at any time, re-admit them to membership upon being given a satisfactory explanation and payment of all arrears of subscriptions then due and the appropriate joining fee.
1.16 Complaints of any nature relating to the management of the Club’s premises shall be addressed in writing to the Secretary. Under no circumstances shall a servant of the Club be personally reprimanded by a Member other than their supervising officer.
1.17 Membership of the Club and acceptance of these Rules and Bye-laws by the Member will be deemed to constitute consent to the holding of relevant personal data for the purpose of the Data Protection Act 1998 (as amended).
1.18 Failure to pay fees or to agree means of payment of same to the Club within one month of due date, may incur the non paying Member a penalty fee as set by the Council of Management from time to time.
2.1 The membership of the Company shall consist of, Full Members, Life Members, Honorary Members, Associate Members, Junior Members, Student Members and Temporary Members which shall constitute different classes of members but, save as expressly stated in these Rules and Bye-laws and the Articles of Association, shall confer the same rights upon the holders thereof and rank pari passu in all respects.
2.2 All owners or part owners of boats kept on Club premises must be Members.
2.3 FULL MEMBERS
Full members shall be aged 18 years or over on the first day of January prior to the date of their application for membership. They will be required to pay a joining fee and an annual subscription as determined by the Council of Management from time to time.
Each Full Member shall have one vote and shall be entitled to attend and vote at meetings of the Company upon production of his or her voting card.
2.4 LIFE MEMBERS
Life Members shall be existing Full Members who are elected to Life Membership by the Council of Management. Life Members will not be required to pay an annual subscription.
Each Life Member shall have one vote and shall be entitled to attend and vote at meetings of the Company upon production of his or her voting card.
2.5 HONORARY MEMBERS
Honorary Members shall be elected to Honorary Membership by the Council of Management. They will not be required to pay a joining fee nor an annual subscription.
Honorary Members shall have no right to vote but shall have the right to attend meetings of the Company.
2.6 ASSOCIATE MEMBERS
Associate Members shall be existing Full Members elected to Associate Membership by the Council of Management. Associate Members must have an aggregate of more than 10 years membership and be over 60 years of age and no longer own a boat or part of a boat. They will be required to pay an annual subscription as determined by the Council of Management from time to time.
Associate Members shall have no right to vote but shall have the right to attend the meetings of the Company
2.7 JUNIOR MEMBERS
Junior Members shall be under the age of 18 years on the first day of January prior to the date of their application for membership. Junior Members will be required to pay a joining fee and an annual subscription as determined by the Council of Management from time to time. Upon the first day of January following their eighteenth birthday, such Junior Member must apply to be a Full Member but will not be liable to pay any additional joining fee.
Junior Members shall have no right to vote but shall have the right to attend meetings of the Company.
2.8 STUDENT MEMBERS
Student Members shall be attending a full time course at University or Tertiary Educational Facility. They will be required to pay a joining fee and an annual subscription as determined by the Council of Management from time to time. Upon conclusion of this education, Student Members may apply to be a Full Member and will be liable to pay an annual subscription as determined by the Council of Management from time to time, but will not be liable to pay a joining fee.
Student Members shall have no right to vote but may attend meetings of the Company.
2.9 TEMPORARY MEMBERS
Temporary Members shall be attending a training course run by the Cardiff Bay Yacht Club Training Centre. They will not be required to pay a joining fee but will be required to pay such fees as determined by the Council of Management from time to time. Upon conclusion of such training course, Temporary Members may apply to be a Full Member and, upon being accepted as a Full Member, will be liable to pay a joining fee and an annual subscription as determined by the Council of Management from time to time.
Temporary Members shall have no right to vote or attend the Meetings of the Company.
2.10 SPOUSE/PARTNER AND FAMILY OF FULL MEMBERS
A Full Member’s spouse or partner and children under the age of 18 years of their marriage or partnership are entitled to use all of the facilities of the Club. A Full Member’s spouse or partner over the age of 18 years may apply to become a Full Member but will not be liable to pay any joining fee, and a Full Member’s children under the age of 18 years of such marriage or partnership may apply to become a Junior Member but will not be liable to pay any joining fee.
2.11 APPLICATIONS FOR MEMBERSHIP SHALL BE SUBJECT TO THE FOLLOWING
2.11.1 The Applicant agrees to the following by signature of an application form:
“I hereby apply for membership of P.M.B. &. S.C. Limited (trading as Cardiff Bay Yacht Club) (the “Company”) subject to the provisions of the Memorandum and Articles of Association of the Company and I agree, if accepted and as long as I remain a member, to conform to the Rules and Bye-laws of the Company as now existing or as varied hereafter and to pay my subscriptions when due. I also undertake to contribute to the assets of the Company in the event of the same being wound up while I am a member, or within one year after I cease to be a member, for the payment of the debts and liabilities of the Company contracted before I ceased to be a member, and of the costs, charges and expenses of winding up and for the adjustment of the rights of the contributaries among themselves, such amount as may be required not exceeding the sum of £20.”
2.11.2 The form of application must also be signed by the applicant’s proposer and seconder who must know the applicant personally and who must have paid at least two consecutive annual subscriptions.
2.11.3 The application form together with the joining fee and dues must be handed or posted to the Membership Secretary.
2.11.4 A receipt for cash and an authorisation form will be given, inviting the applicant to use the Club's facilities as an honorary visiting guest.
2.11.5 In the meantime the application form will be placed on the Company's Notice Board for 14 days and Members given the opportunity to support or object to the election of the applicant as a Member. Appropriate forms for this purpose are available from the Membership Secretary.
2.11.6 Any objection to the election will be investigated confidentially by the President or other senior Company officers who will report their findings to the Council of Management.
2.11.7 The applicant will be called for interview by the Membership Secretary or his representative to ascertain their suitability for membership and genuine interest in the objectives of the Company as defined in the Memorandum and Articles of Association.
2.11.8 The application together with any other relevant information shall be presented to the Council of Management at the next meeting by the Membership Secretary. A ballot shall be taken and the applicant shall be admitted if a simple majority of the Council of Management present at that meeting are in favour.
2.11.9 The Membership Secretary would then advise the applicant of the result of their application and, if successful, would send the relevant literature to the successful applicant.
2.11.10 When subscriptions have been paid, but not before, the applicant will be deemed to be a Member of the Company.
2.11.11 Each new Member shall undergo a probationary period of 12 months, and if during this period they fail to satisfy the Rules and Bye-Laws of the Company in any way, the Council of Management may withdraw their membership without giving any reason.
2.11.12 In the event of a non-election the applicant will be so informed without any reason given and all fees returned. His visiting guest authorisation form shall be withdrawn.
2.11.13 A Member may retire from membership at any time by giving to the Membership Secretary notice thereof in writing subject to the limitations laid out in Article 3.2.1 of the Articles of Association. If the retired individual wishes to rejoin the Company a joining fee will not be payable if the individual complied with the notice requirements of this Bye-Law. Should the retired individual have failed to comply with this Bye-Law then a joining fee will be required to be paid.
3.1 Members may introduce guests to the Club, subject to such restrictions and regulations as the Council of Management may make. Guests shall not pay for any meal or other refreshment in the Club and the Member introducing them shall be responsible for their conduct and any liabilities incurred by them or on their behalf. The guest must be signed in to the Club by the Member introducing them in the visitors’ book provided on all occasions. Members and guests shall only be permitted to smoke in such areas as have been designated by the Council of Management from time to time. Members who bring regular guests to the Club should encourage their guests to become Members.
3.2 DRESS ETIQUETTE:
For the purpose of this Rule and Bye-Law, the two main Club rooms shall be identified as follows:
First floor bar - "the Quarterdeck"
Ground floor bar - "the Quay lounge"
The Dress etiquette in these areas shall be as set out hereunder.
All clothing shall be clean, smart and decent. For gentlemen, the minimum standard of dress shall be shirts with sleeves (and preferably a collar) and long trousers. Ladies are expected to conform to a similar female standard. Tailored shorts may be substituted until 7.30 p.m. during hot weather.
Working clothes, soiled or dirty clothing shall not be worn. Cut, torn or modified jeans or trousers shall not be worn. Wet weather gear, sailing gear or other such clothing shall not be worn. Tee shirts or garments bearing motifs that could be construed as offensive or in poor taste shall not be worn. Vests alone shall not be worn externally under any circumstances.
THE QUAY LOUNGE.
After 9 p.m., the etiquette shall be the same as for the
Quarterdeck. However, before 9 p.m., working clothes and sailing gear will be tolerated except for carpeted and furnished areas.
3.3 A decision as to what is an acceptable mode of dress, in the event of a dispute, shall be determined by the senior Officer present at the time, or in their absence, by any member of the Council of Management. Their decision shall be final.
3.4 Members, guests or visitors not considered to be appropriately dressed will be asked to retire from the room in order that he/she may conform to the dress code. The steward/stewardess is instructed not to serve offenders.
3.5 The Council of Management may modify, by request, these Rule and Bye-Laws, for limited specified periods to cater for special events.
3.6 Children are only allowed in areas administered by the Club if they are of good behaviour, and do not cause nuisance to other members.
3.7 A Flag Officer may order the bar to be closed at any time if he/she feels that it is in the best interests of the Club to do so.
3.8 All Full Members are issued with a club key card, this will operate the front gate and the clubhouse foyer. Members must not lend their card to any other person or child. Any crew member should be met by the skipper or a responsible member.
3.9 Vehicles must not be left unattended or locked other than in the designated car park. Under no circumstances must they be left restricting the use of any facilities by others. Vehicles which are causing an obstruction or which are restricting the use of any of the Club’s facilities may be moved or have a warning notice fixed to the vehicle. The Club does not accept any liability for damage caused to the vehicle as a result of it being moved or a notice being fixed to it. Members are required to notify the Club if they intend to leave their vehicle on Club premises for an extended period of time.
3.10 Club property of any kind must not be removed from the Club administered areas under any circumstances (other than in strict emergency) without the express prior permission of the Council of Management in writing.
3.11 Dogs, whilst in the club grounds and on pontoons, must be kept on leads. The Member responsible for the dog(s) is to ensure any dog fouling is safely removed from the Club premises. No dogs are allowed in the Clubhouse other than those for the blind.
3.12 General waste must be placed in tile rubbish skip, and oil must be deposited into the waste oil container. Batteries, fish waste, and bait must be removed from the Club area by the owners. Effluent of any sort must not be discharged in to the bay.
3.13 Members should make themselves familiar with the environmental laws that exist. The Club will not defend, or take responsibility for any actions taken against individuals.
3.14 Notices and signs: from time to time they may appear, and when they do so appear, these temporary and permanent signs must be adhered to.
3.15 The wearing of hats in the Clubhouse is prohibited, those who transgress this Rule and Bye-law will be required to pay a fine in the traditional manner.
3.16 Under no circumstances are fish or bait of any kind to be brought into the Clubhouse, Bridgedeck, showers or other roofed areas.
4 BOAT FAC1LITIES
4.1 The Club will employ a “Marina Manager” and others through the offices of the Rear Commodore, accountable to the Council of Management. Any reference in these Rules and Bye-laws to Marina Manager will be in this context.
4.2 The Marina Manager will have responsibility for moorings, pontoons, storage sites, slipways, marina equipment and Club-owned boats. He will also have responsibility for any other duties as required from time to time by the Council of Management.
4.3 It is a condition precedent that all craft brought into areas which are administered by the Club, either temporary or permanently are to be insured against damage to other's property & wreck recovery in accordance with Bye-Law 7.1.
4.4 Boat Compound: when vessels leave the compound, the site must be left clean and tidy, and all trailers and cradles must be removed from site. A charge (to be determined at the Club’s discretion) may be levied for carrying out this work.
4.5 No craft is allowed to be moored or parked in or on Club administrated areas unless a berthing request or storage form for the current year is received in the Club’s office. Craft must be moored or parked only in the allocated space whether granted temporarily or permanently.
4.6 The Club retains the sole rights to all mooring areas whether granted temporarily or permanently to the Club.
4.7 The Marina Manager will lay, maintain and allocate moorings to an individual Member's named craft for a fee payable to the Club as determined by the Council of Management.
4.8 Members vacating their allocated positions or changing or selling boats must notify the Marina Manager in writing immediately. It should be noted that if a boat is sold, all fees will be the responsibility of the Member until such time as the craft is removed from the Club’s premises or alternate arrangements have been approved in writing by the Council of Management.
4.9 All mooring equipment and facilities are, and will remain, the Club's property. Members are not allowed to deface, alter, or adapt the same without the express prior permission of the Marina Manager. Mooring lines and fendering shall remain the sole and inescapable responsibility of the boat’s owner.
4.10 The Marina Manager may move craft as is necessary for the benefit of the Club, maintenance of the Club's equipment or on the grounds of safety. The Club undertakes to give notice to the owner of the craft, where feasible, of such moves.
4.11 All craft, trailers and cradles must beclearly identified. Members are reminded that trailers and cradles may not be stored at the Club when not in use.
4.12 Members intending to moor vessels on the Club’s premises which are greater than 40 feet in length or in excess of 10 tonnes displacement must have prior written permission from the Council of Management.
4.13 Craft involved in commercial operations or purchased for that use may not be berthed or stored on Club premises.
4.14 If Club staff are required to pump out boats, replace lines or fenders, etc. a fee to be determined by the Council of Management will be charged. This in no way reduces the owner’s responsibility to look after his craft.
5. PONTOON BERTHS
5.1 Berths will be allocated in accordance with the returned berthing request forms wherever possible but the Marina Manager may allocate berths for the benefit of the Club or for operational reasons.
5.2 Whereas every effort will be made to maintain vessels in particular berths, the allocation of a berth is not specific to that berth but to the charging area. Likewise security of tenure, if given by the berthing agreement, is only specific to a charging area.
5.3 The berth holder will pay promptly, according to the berthing agreement, all fees and levies as authorised by the Council of Management.
5.4 The berth holder will not do nor permit upon the vessel anything which may cause a nuisance, damage, danger or annoyance to other members or to persons on or about the Club facilities.
5.5 The berth holder will keep the boat at all times in a sound and watertight condition and anchor or moor the boat in a good and sufficient manner and take such steps as may be necessary for the safety thereof particularly in times of flood, frost, ice, storm, tempest or other adverse conditions, and accept all responsibility with regards to such anchorage or moorings including the safety thereof.
5.6 The use of any vacant berth will be at the discretion of the Marina Manager.
5.7 If any Member is dissatisfied with the services provided by the Club, which includes the allocation of berths, he can appeal in writing first to the Rear Commodore and, if still dissatisfied after the matter has been dealt with by the Rear Commodore, secondly to the Council of Management.
6 DEBENTURE PONTOON
6.1 DEBENTURE PONTOON MOORING COMMI1TEE
6.1.1 A committee known as the Debenture Pontoon Mooring Committee will be selected annually by the Club’s registered debenture holders, the appointment of this committee being subject to approval by the Council of Management.
6.1.2 The Debenture Pontoon Mooring Committee will comprise a chairperson and two other committee members, who are to be drawn from amongst the Club’s registered debenture holders, and a Flag Officer nominated by the Council of Management. The quorum shall be three, with each committee member having one vote each, but in the event of a tie the chairperson or his nominated deputy shall have a second casting vote.
6.1.3 The Debenture Pontoon Mooring Committee will be responsible for ensuring that the rights of the Club’s debenture holders are being maintained and upheld by the Council of Management and shall have the automatic right by giving seven days’ notice in writing to the Honorary Secretary of the Club to make deputation to the Council of Management, which must be, if fair and reasonable, actioned by the Club.
6.1.4 Each of the Club’s registered debenture holders will have one vote only at the annual election of the Debenture Pontoon Mooring Committee.
6.2 PROCEDURES ON CHANGING A BOAT
6.2.1 If a new boat is of the same length as the registered boat on the debenture, the debenture holder need only notify in writing the Marina Manager or the Council of Management, supplying full details as to the boats length, make and tonnage.
6.2.2 If a larger or smaller boat is substituted in place of the registered boat, the Debenture holder must notify the Marina Manager or Council of Management two months in advance so that alternative arrangements can be made to accommodate such a vessel, which arrangements may not be able to be guaranteed.
6.3 LEAVING THE PONTOON SCHEME.
6.3.1 Three months written notice of intention to leave the scheme must be given in writing to the Council of Management.
6.3.2 The Council of Management will act as a clearing house by maintaining a waiting list of Members and suitable boats and will attempt to match these with spaces becoming available.
6.3.3 Specific attention is drawn to the Rules of the Debenture Resolution passed on the 15 day of May 1990 concerning the terms and conditions on which debentures may be transferred. In particular, apart from the right to transfer to close relatives and/or on death, the Club will always have first option to acquire the debenture in accordance with the terns and conditions as specified in the Debenture Resolutions.
6.3.4 In the event that the Club does not wish to acquire the debenture, and there are no suitable applicants on the waiting list, the debenture holder will be permitted to dispose of his interest to any other Member
6.3.5 In the event of transfer, until such time as the transfer is effected, the existing debenture holder remains liable for all fees and other charges which have accrued.
6.3.6 On a determination by any means of the debenture, the debenture holder shall at his own cost forthwith remove the said vessel, and in default of the debenture holder so doing, the debenture holder shall be liable to pay to the Club all expenses incurred by the Club in removing such vessel.
6.4 TEMPORARY ABSENCE FROM BERTH
The use of any vacant mooring shall be at the discretion of the Marina Manager.
6.5.1 The Council of Management will collect all levies, costs, contributions, tax, attributable directly or indirectly to the pontoon berths.
6.5.2 Every member, upon becoming the holder of any debenture, shall be entitled without payment to one certificate of that debenture, and upon transferring a part of his debenture, to a certificate for the balance remaining.
6.5.3 Every certificate shall be sealed with the seal and shall specify the number of running metres to which it relates, the location of the mooring, and the amount paid thereon.
6.5.4 One certificate will be issued for debentures held jointly by several persons and delivery of a certificate to one joint holder shall be sufficient delivery to all of them.
All Members shall have insurance in respect of themselves and their vessel, such policies to cover third party, wreck recovery and public liabilities to a sum laid down by the Council of Management from time to time (such sum presently being £2 million for dinghies and £3 million for all other vessels), and Members will undertake that they will annually renew such insurance policies promptly. If required to do so by the Council of Management, each Member shall sign a declaration stating that they have adequate insurance cover in compliance with this Bye-Law 7. For the avoidance of doubt, it is the sole and inescapable responsibility of each Member that their vessel is insured in compliance with the Club’s Bye-Laws and the Harbour Authority’s Bye-Laws.
8. ABANDONED BOATS, TRAILERS AND THE NON PAYMENT OF FEES AND FACILITY FEES
The Club has adopted the RYA recommended club rules for unpaid fees and abandoned boats. These rules are set out below.
If at any time any mooring fees or facility fees payable to the Club by any Member or former Member shall be three months or more in arrears:
(i) The Council of Management shall be entitled to move the boat to any other part of the Club’s premises without being liable for any loss of or damage to the boat howsoever caused.
(ii) The Council of Management shall be entitled upon giving one month’s notice in writing to the Member or former Member, at his last known address shown in the register of Members, to sell the boat and/or the boat trailer (if applicable) and to deduct any monies due to the Club (whether by arrears of subscription, mooring or facility fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Member or former Member.
(iii) Alternatively, any boat and/or boat trailer (if applicable) which, in the opinion of the Council of Management cannot be sold may, upon such notice as aforesaid, be disposed of in any manner the Council of Management may think fit and the expenses recovered from the Member or former Member. Any arrears as aforesaid shall be deemed to be a debt owing to the Club by the Member or former Member.
Further, the Club shall at all times have a lien over the Members’ or former Members’ boats and boat trailer (if applicable) parked or moored on the Club’s premises or Club moorings in respect of all monies due to the Club, whether in respect of arrears or mooring fees or subscription or otherwise. Where a Member is in arrears with the payment of monies owed to the Club by at least 6 months, the Club may in any event take possession of the Member’s boat and boat trailer (if applicable).
9. LIVE ABOARDS
Members who wish to live aboard their boat for a period of time in excess of two weeks are only permitted to do so once they have obtained the prior written consent of the Council of Management.
10. HARBOUR AUTHORITY BYE-LAWS
All Members must comply with the Harbour Authority’s Bye-Laws.