How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

If a Golf Club is licensed and they are holding an AGM in the

Customer Question

If a Golf Club is licensed and they are holding an AGM in the main club are they able to ban social members from attending when the social members are aware they will be unable to vote.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello. Thank you for your question.

tdlawyer :

My name is Tony, I can assist you with this.

tdlawyer :

The powers of the golf club, to do the things you are talking about, would be set out in a rulebook or some other constitutional document.

tdlawyer :

Do you know whether the rulebook or constitutional documents allow it to do the things you are referring to?

JACUSTOMER-tbn1s9eb- :

Have been told this is in The Rules of Golf, not sure about this, however, had been told this is more to do with Licensing Law.

tdlawyer :

I'm afraid this has nothing to do with licensing law and the 2003 licensing act.

tdlawyer :

This is all to do with the specific rules of the golf club, and whether the committee that oversees matters has the power to do things that it is talking about doing.

JACUSTOMER-tbn1s9eb- :

So to clarify an Individual Golf Club if it is in their specific rules can stipulate social members are unable to attend the club on an evening when the AGM is taking place?

tdlawyer :

Yes, that is right. I would add, however, that if this is an annual general meeting, I would expect all members to be entitled to attend. Members are, of course, different to other guests and/or third parties that might intend to use the social facilities of the club. The latter would not normally be entitled to attend at an annual general meeting, and could be excluded, but members almost always are entitled to attend.

JACUSTOMER-tbn1s9eb- :

This is an AGM and certain members who were originally Full Members but for personal reasons have now become only Social members are unable to attend even thouigh they do not in any way wish to vote on any matter arising - but merely attend as they have an interest in the Club. This is not refering in any way to guests but people who pay their Social membership contribuition as opposed to full Playing membership.

tdlawyer :

Voting rights can be a very different thing to the right to attend and take part in a meeting. Unfortunately, the answer to this cannot be found in the general law, it will always be in the rule book and/or the constitutional document by which the club runs.

tdlawyer :

It is worth checking, however, specifically what it says about rights of individuals to attend. The rule book may not distinguish between full members and social members, it might simply refer to members, in which case it would seem that both types of member would be allowed to attend.

JACUSTOMER-tbn1s9eb- :

Many thanks this does seem to be a grey area - voting rights are not in dispute social members do not challenge this only Right to Attend. If this is in the Individual Rule Book of the Club presumably this could be brought into the open and perhaps a vote to change "The Rules".

tdlawyer :

Absolutely. Is always open to the members to change the rule book. Again, the rule book itself should determine what requirements need to be met in order for any changes to be made. Where it does not do this, then the consent of all members would be required. In a large club such as this, you will almost always find provision in the rule book for some kind of majority vote.

JACUSTOMER-tbn1s9eb- :

Thank you for your prompt and excellent advice.

tdlawyer :

You are more than welcome. I hope this has been helpful for you.

tdlawyer :

Is there anything more that I can answer for you?