Terms & Conditions

Principles of Governance
Potters Resorts Five Lakes Golf Club

THE MEMBERSHIP AND MANAGEMENT OF THE FIVE LAKES GOLF CLUB

PRINCIPLES of GOVERNANCE - THE MEMBERSHIP AND MANAGEMENT OF THE FIVE LAKES GOLF CLUB

Contents and Definitions
Contents
Definitions
Section 1 – Principles of Guidance
Section 2 - Five Lakes Golf Club Bye-Rules
Section 3 - Committee’s Constitution and Rules

Definitions

1. In the interpretation of these Rules, Bye-Laws and the Committee’s Constitution and Rules (the three sections of this document will, when referred to jointly, be referred to herein as the “Principles”) the following definitions shall apply:

“The Company” - means AB Property Management Ltd trading as Potters Resorts Five Lakes Hotel “The Club” - means the Five Lakes Golf Club

“The Chairman” - the Chairman of the Club means the Resort General Manager or their designated person “Member” means a member of the Club

“Member” - means a Golf Member entitled to full use of all the facilities in the Clubhouse during his period of membership of the Club

“Committee” - means the Committee of the Five Lakes Golf Club as defined within these Regulations 

“Golf Courses” - means the Lakes Course and Par 3 Course

Words importing one gender shall include all other genders, words importing the singular shall also include the plural as appropriate and vice versa and definitions shall be the same whether the relevant words appear in lower or upper case.

SECTION 1 – Governing Principles

Name

1. The name of the Club is the Potters Resorts Five Lakes Golf Club.

Objects

2.a. The objects of the Club are the furtherance of non-political golfing and other sporting,  social and recreational activities.

2.b. In the conduct of activities in the furtherance of the above objects the Club will adopt any England Golf (EG) guidance and the Equalities Act 2010.

2.c. In the conduct of activities in the furtherance of the above objects the Club will adopt an  appropriate Child Safeguarding.

2.d. In the conduct of activities in the furtherance of the above objects the Club will agree to the promote and follow all England Golf Policies and Guidelines.

The Club and its Facilities

3.a. The Club shall comprise all admitted members (see paragraphs 7-11 of these Rules). The Club is a proprietary Club and the proprietor and sole manager of the Club shall be the  Company except where, within these Regulations, the management of specified activities of  the Club is stated to be subject to regulations imposed by other bodies or is delegated to the  Committee.

3.b. The Company shall provide Members of the Club with access to the golf courses and  related facilities and provide the Club with the facilities and all reasonable requirements to  enable the Club to achieve its objects and discharge its duties in accordance with these  Regulations. The Company shall be solely responsible for all expenses associated with the  engagement, dismissal and payment of staff, for catering and all other matters which involve

the disbursement of money except as delegated to the Committee within these Regulations.

3.c. The Company shall also allow golf competitions and matches arranged by the County  Golf Union to take place on the golf course subject to sufficient notice being given and the  chosen date(s) being available as agreed by the Company.

3.d. The Company will afford at least a single four ball courtesy tee time to members from  Clubs that are hosting Essex County Championship events for a minimum of 14 separate dates in any one year, subject to availability.

3.e. The Company reserves the right from time to time to retain use of the Golf  Courses and/or any part of the facilities for any function or purpose and to refuse entry to  members at such times. In any case where the Company intends to retain use of the Golf  Courses and/or any part of the facilities or refuse entry to the members, it shall give  reasonable notice (save in case of emergency), via the online booking platform.

Amendment of the Principles

4. The Company may modify, or add to these Principles as required and at any time.

Conduct of the Game

5.a. The Club agrees to recognise the Royal and Ancient Golf Club of St. Andrews (the R&A) as the ruling body of Amateur golf and shall abide by the rules of golf and amateur status as laid down from time to time by the R&A.

5.b. The Club agrees to comply with England Golf guidelines and WHS (World Handicapping System).

5.c. The Club agrees to comply with the guidelines of England Golf and the Essex Golf Union and Essex Ladies Golf Association as laid down from time to time.

Membership

7. The admission of members shall be solely at the discretion of the Company and no person shall be admitted to membership of the Club until accepted by the Company, 7 days post the application. The Company shall not be required to give reasons to any applicant in any case where such applicant is refused membership of the Club.

8. Each applicant for membership of the Club who is admitted to membership shall receive a welcome communication from the Company and the Company shall send them a link copy of these Principles. The accepted applicant will be entitled to all the privileges of membership and shall be deemed to have agreed to follow these Principles.

9. Renewal process: An invoice will be sent via email to the member at least 14 days prior to the due date and for continuous membership to continue it must be settled within 14 days of the due date.

10. As a proprietary resort, members of the Club shall not by reason of his membership be under any financial liability except for payment to the Company of his annual subscription or other prescribed payment in the case of temporary members.

Annual Subscriptions

13.a. Annual Subscriptions shall fall due and payable on the first day twelve months after your previous subscription payment.

13.b. Every adult member shall also be required to pay a levy which combines the EG, EGU/ELCGA and club fee. The Company and club committee will set his fee annually. In turn the Company will pass on all collected payments.

14. On the first day of March in each year or at such earlier time as the Company may determine, the Company shall inform members of subscription rates for the following 12 months.

Guests and Temporary Members

16.a. A member may introduce up to seven guests at any one time at a reduced green fee.

16b. Members shall be responsible for the conduct of the guest(s) and their observance of these Principles.

16.d. No person whose membership has been suspended/rejected or whose application for membership of the Club has ever been rejected shall at any time be introduced as a guest.

16. e. Non-members of the Club who have paid either a green fee or competition/tournament entry fee at the Club shall be deemed temporary members of the Club during the day on which they have paid a green fee or, in the case of payment of a competition/tournament entrance fee, for the period of the competition/tournament.

Conduct, Suspension and Expulsion of Members

17.a. If the Company considers that any member’s conduct, either at or outside the Club Premises or on social media, if contrary to the interests of the Club and injurious to its reputation of the Company, it may suspend such member. Subject to a disciplinary hearing held by officers of the Committee or XXXXXXXX on behalf of the Company. The member shall immediately be excluded from the Club premises until the decision of the hearing is announced. TWO CATEGORIES OF DISCIPLINE TBD. CLUB ISSUES AND INJEROUS TO THE COMPANY. The EG Disciplinary Code is being investigated by IK.

17.b. No illegal (including under age) gaming or betting shall be allowed in the Club and any member who is reported as having broken this rule shall at once be suspended.

17.b. and 17.c. above and may either annul the suspension of the member or terminate his  membership.

17.e. Any person whose membership has been terminated under these Rules shall forfeit all  the privileges of membership and all rights against the Company and shall not be entitled to  any refund of any unexpired portion of his entrance fees or subscription.

17.g. Members must pay any bills that they incur before they leave the Company premises.

17.h. Annually each member shall inform the Company of their most current address, both home and email. All notices shall be sent to members via email unless otherwise agreed. All correspondence will be sent to members via email, however it is not the responsibility of the Company to ensure delivery.

Opening Hours

18. The Club premises shall be opened and closed at such hours fixed by the Company and as posted on the Company’s website and booking platform.

Disputes

19. Any dispute or difference which may arise as to the meaning or interpretation of these  Principles in relation to the powers of the Committee or the validity of any election proceedings of the Committee shall be determined by the Company whose decision shall be  final and binding upon all members of the Club.

Notices

20. No notice or document of any kind shall be placed on or removed from the notice boards  on the walls of the Company premises or elsewhere or on the outside of the Company  premises without the authority of the Company.

Disposal of Funds

21. No persons shall have power to order goods and services on behalf of the Club or dispose of the funds of the Club without the written consent of the Company. In the case of the ordering of goods and disposal of funds solely for the purposes of discharging those duties assigned to the Committee, the consent of the Company to such actions by the Committee shall be deemed to have been given to the Committee by these Regulations.

Dress

22. It is expected that all golfers and guests shall respect the Company dress standards in the Club facilities. Whilst we are always looking to be progressive and feel ‘dress codes’ are outdated, we would ask all members and guests to respect cleanliness and decency standards please.

Course Closure

23. In the case of adverse weather conditions, the purpose of necessary work or for the  business needs of the Company; the Company reserves the right to close all or parts of the Golf Course. In the case of any such closure notifications will be posted on the online booking platform.

Web Site

24. The Company shall provide a section within its web site which shall deal exclusively with  matters relating to the Club’s activities. The content of this section shall be agreed between the Company and the Committee. 

SECTION 2 - FIVE LAKES GOLF CLUB BYE-LAWS

Committee

1.a. It is the intention of the Company that various types of sporting, social and recreational  activities shall be carried out on its premises. Accordingly the Company may require the  establishment of committees to undertake such duties and activities which it may delegate to  such committees.

1.b. These Principles cover, within this section, solely the Company’s requirement for the establishment of a committee required to run the golfing activities undertaken on the Company’s premises.  The Committee will comprise a group of members charged with running the activities of the Club as defined in within these Principles.

1.e. The Company may, at any time rescind any delegation of duties and powers previously given to the Committee. The Company shall not be required to provide reasons for rescinding any delegation.

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President, Captain and Vice-Captain

The process for the election of the following positions, Vice President, Club Vice Captain, Ladies Section Vice Captain, and Seniors Section Vice Captain is as follows; The Company want to see a nomination, selection and election process in place to ensure all positions are filled with the best nominated candidate. Members will have the opportunity to nominate a candidate, all candidates will be considered and selected on their merits. All positions must be approved by the Company.

2.a. President; The Club shall appoint from members, a Vice President of the Club, whose appointment must be approved by the Company. The appointment shall be for a period of two years. After two years the Vice President shall by acclimation at the AGM proceed to the role of President for a two-year period. At the end of each successive period of two years the Club shall appoint, with the approval of the Company, a new Vice President. Each appointment of a President shall be ratified by acclimation of the members at the Annual General MeetingVice President. Nominations for the position will be open for two weeks. Nominations will open four weeks prior to the AGM bi-annually for this position, or as the position requires, and they will close two weeks prior to the AGM. All nominations will go forward to a selection panel of the current Vice President and Club Vice Captain, one committee  member and the Golf Manager, with the successful candidate to be ratified by acclimation of the members at the AGM.

2.b. The Club shall appoint from members, a Vice Captain of the Club, whose appointment must be approved by the Company. The appointment shall be for a period of one year. After one year the Vice Captain shall by acclimation at the AGM proceed to the role of Captain for a one-year period. At the end of year, the Club shall appoint, with the approval of the Company, a new Vice Captain. Each appointment of a Captain shall be ratified by acclimation of the members at the Annual General Meeting.

2.b.1 Club Vice-Captain. Nominations for the position will be open for two weeks. Nominations will open four weeks prior to the AGM and they will close two weeks prior to the AGM. All nominations will go forward to a selection panel of the current committee with the successful candidate to be ratified by acclimation of the members at the AGM.

2.c. Ladies Section; The Club shall appoint from members, a Vice Captain of the Ladies Section , whose appointment must be approved by the Company. The appointment shall be for a period of one year. After one year the Vice Captain shall by acclimation at the AGM proceed to the role of Captain of the Ladies Section for a one-year period. At the end of year, the Club shall appoint, with the approval of the Company, a new Vice Captain. Each appointment of a Captain shall be ratified by acclimation of the members at the Annual General Meeting.

2.c.1 Ladies Section Vice-Captain. Nominations for the position will be open for two weeks. Nominations will open four weeks prior to the AGM and they will close two weeks prior to the AGM. All nominations will go forward to a selection panel of the current committee with the successful candidate to be ratified by acclimation of the members at the AGM.

2.d. Seniors Section; The Club shall appoint from members, a Vice Captain of the Seniors Section, whose appointment must be approved by the Company. The appointment shall be for a period of one year. After one year the Vice Captain shall by acclimation at the AGM proceed to the role of Captain of the Seniors Section for a one-year period. At the end of year, the Club shall appoint, with the approval of the Company, a new Vice Captain. Each  appointment of a Captain shall be ratified by acclimation of the members at the Annual General Meeting.

2.d.1 Seniors Section Vice-Captain. Nominations for the position will be open for two weeks. Nominations will open four weeks prior to the AGM and they will close two weeks prior to the AGM. All nominations will go forward to a selection panel of the current committee with the successful candidate to be ratified by acclimation of the members at the AGM.

General Meetings

3. An AGM of the Club shall be held every year at the Club premises on a day in the month of March to be decided by the Committee. 4. The Committee shall give fourteen days’ notice of the meeting to every member of the Club specifying the business to be transacted. An appropriate email notification will be sent to all members.

5. Notices of any proposed motions for the AGM must be received by the Club twenty eight days before the meeting date. Motions must be communicated to members along with the notice convening the meeting.

7. Special General Meetings may be called at any time by the Company by giving 14 days  notice to each member. No business other than that specified in the notice shall be transacted at a Special General Meeting.

8. No business shall be transacted at any General Meeting unless at least twenty members are in attendance, either in person or via zoom if initiated.

9. At all General Meetings of the Club every golf member of the Club shall be entitled to be  present and to one vote. Voting at General Meetings shall be by a show of hands or otherwise as the chairman of the meeting may direct.

10. At all General Meetings, the President of the Club shall preside. If the President of the  Club is not present the Vice President shall preside.

11. The Secretary of the Club shall record the proceedings of General Meetings.

Committee

12. The Chairman/Company may from time to time look to open up a position on the committee if it feels there is potential for the committee to be enhanced with skills, be more progressive or to improve inclusion. This will be by co-opting a candidate for a twelve-month period.

13. The committee shall comprise the President, the Vice President, the Captain, the Vice-Captain, Secretary, the Ladies Section Captain, Senior Section Captain, Treasurer, Golf Manager, Head Professional, Chairman (or delegate) and any co-opted member. The treasurer is openly invited to attend committee meetings.

14. The Secretary is an appointed position, made by the Company in conjunction and consultation with the committee. This position is to be approved annually by the Company.

14.b. The secretary will undertake and oversee the smooth running of club golf competitions in conjunction with the committee as set out in section 3.

SECTION 3 - COMMITTEE’S CONSTITUTION AND RULES

Name

1. The Committee shall be called “The Potters Resort Five Lakes Golf Club Committee”.

Duties

2. The Committee is required by the Company, subject to such directions as may from time to time be made by the Company, to be responsible for the following:

a. Organising competitions for the members of the Club and imposing appropriate rules  and regulations in respect of entry to such competitions (see also paragraph 11 below).

b. Arranging for the collection of entry fees for competitions organised by the Committee  and the purchase of any prizes therefore.

c. The appointment of a Handicap sub-committee (the majority of its membership being  elected members) which shall have complete control of handicapping matters in the Club. WHS?????

d. The appointment of a Competition (Tournament) Sub-Committee and such other subcommittees as are required for the discharge of the Committee’s duties, as required.

f. Preparing an annual golfing fixture list for the members of the Club and submitting the list to the Company for  approval by the first day of December in each year. 

g. Arranging social events for the members of the Club in liaison with the Company.

h. Proposing to the Company, suitable candidates for the positions of Vice President, Vice-Captain, Ladies Section Vice Captain and Seniors Section Vice Captain in line with the aforementioned process, set out in section 2.

i. Nominating teams for and managing affairs related to participation in external team competitions.

j. Ensuring that changes to these Regulations required to reflect changes in the Rules of  Golf or the regulations governing handicaps are identified. Such changes shall be notified  to the Company who shall ensure these Regulations are duly changed through exercise of  its rights under paragraph 4 of the Rules above.

Constitution of the Committee

3. The committee shall comprise the President, the Vice President, the Captain, the Vice-Captain, Secretary, the Ladies Section Captain, Senior Section Captain, Treasurer, Golf Manager, Head Professional, Chairman (or delegate) and any co-opted member.

4. The Committee shall regulate its own procedures; however Meetings are to be forward facing. 80% of the meeting must be for the benefit of the members in the coming months.

5.a. Meetings of the Committee shall take place a minimum of every 6 weeks. A date set at close of business each meeting by the Secretary. The meetings shall consider any relevant business. Historic reports from the Treasurer, any sub-committees and such other persons as the Committee may deem appropriate must be circulated 7 days prior to the meeting. All reports are to be sent to the committee members by the secretary.

5.b. Additional meetings may be called by the Secretary and shall be called by him if requested by the Chairman or any two members of the Committee.

6. A meeting of the Committee shall proceed to business if at least five participants are present, including virtually if necessary.

7. Committee meeting proceedings shall be chaired by the President or his appointee in the President’s absence and shall be attended by the Chairman or his representative. TBD

8. Each member of the Committee shall have one vote and in case of equality the person chairing the proceedings shall have the casting vote.

8.b. The President does not have a vote, but in the event of a tie they have a casting vote.

9. The Secretary of the Committee shall keep minutes of the proceedings of each meeting which shall be read and confirmed at the next meeting. MEETING NOTES SHALL BE RELEASED 72 HOURS POST THE MEETING (UNLESS  OTHERWISE SPECIFIED) NOTES TO BE TAKEN AS READ, UNLESS INACCURATE, ACTIONS & MATTERS ARISING TO BE  COVERED AT NEXT MEETING

Sub-Committees

10. The subcommittee leads shall have the gift to co-opt members of the Club to serve on any such sub-committees.

10.a. The Chairman and or their delegated person has the right to attend any of the subcommittee meetings

Competitions

11.a. Competitions shall be arranged by the Committee and sub committees as required and shall be open to the following categories of players:

Club Competitions - shall be those designated as such by the Committee and shall be open to all members of the Club.

Open Competitions - shall be those designated as such by the Committee and shall be  open to all members of the Club and to such non-members of the Club as the Committee may agree.

Participation in any competition shall be subject to payment of the entrance fee set by the Committee The Committee may delegate the arrangement of competitions to such sub-committees that have been established for the purpose, eg. Tournament, Ladies or Seniors subcommittees.

ALL TO BE REVIEWED AND MADE AS INCLUSIVE AS POSSIBLE ACCESSIBLE AS POSSIBLE AND BALANCED IN THEIR TYPE AND TIMINGS

11.b. Competitions shall be held at such times and under such rules and conditions as the  Committee or sub-committee to which the task has been delegated shall determine subject to the availability of the Golf Course(s) from the Company.

Funds

12.a. Any funds collected by the Committee shall belong to the Company. The Committee  may expend such funds provided that the prior authority of the Company has been given (see paragraph 21 of Section 1 - Rules above). The Treasurer shall deposit any surplus of such funds with the Company if and when requested to do so by the Company except that the Committee shall retain a sufficient balance of funds at all times to cover the costs related to its current activities and its anticipated future requirements.

12.b. In the event that the Committee has insufficient funds to discharge its activities as  defined in paragraph 2 of this section it may submit a request to the Company for the  necessary additional funds. Any such request will not be unreasonably refused.

12.c. The Treasurer shall produce a confirmed set of accounts for presentation at each AGM. The treasurer will ensure the Company Finance lead has sight of the accounts 14 days before the AGM.