Starting a Club

[bailpy6]

Hey,

I wondered if anyone could offer any help and guidance.

Myself and a friend are about to take on a lake. We know what we are doing in running the lake, he is currently doing a fishery management course.

it's the more legal/financial/reporting side of it we are a bit stuck on.

It will be one lake but controlling on behalf of our local council.

We are going to be a non profit lake, and will be charging for day tickets and also a membership for those who don't want to always pay a day ticket if they plan on fishing often. Anything we make will 100% go back into the Lake in work on it and stocking. I am a qualified bookkeeper so am fine in keeping records etc. We do want to join the AT as well as it will cover us. However I feel before we join we need to be registered somewhere as a club?

However, I am lost on where we register and have to report too.

What do we have to register as? And through who?

And what do we need to report?

Any help is much appreciated.

 

[rich66]

I would have thought that the Angling Trust would be able to help you.

 

[peter crabtree]

The first thing to do is write up a constitution...
Like this ...

Log In

 

[Mark Wintle]

Being affiliated to the Angling Trust/Fish Legal can help with public liability insurance.

To me you're not running a club as such which would have elections, consitution etc. but more a leasehold whereby you sell a permit whether annual or day/week ticket, in which case you make up the rules which may resemble many of those that clubs have eg disciplinary, fish/fishery protection, methods allowed etc.

 

[mikench]

It sounds to me you will be running a commercial fishery and charging punters either by the day or month or year. You probably should be a Limited Liability company or a partnership( you and your mate) with public liability, rules common to most fisheries and insurance against pollution, loss of income etc. What you do with profits ie excess income over expenses is up to you and you alone. The pond is to be only owned by you . You will not be entering leases for other waters nor buying them.

An unincorporated association is run for its members so be careful. If the pond could be worth millions for development in 20 years time would you want to share the money? Most clubs are unincorporated associations. Check your own club for its rules. Either way you need insurances against risks as above, accidents and negligence.

I would suggest you keep it as simple as possible initially ie spend your money stocking, making pegs, water treatment etc and charge day ticket fees to recover your outlay. You can alter your status after you are familiar with the issues. Don’t forget insurance cover . Here’s a brief overview from the legal perspective .

There are many situations where a group of individuals come together to further a common aim or interest such as a sporting or other social activity, educational or community improvement. Most of these organisations do not have a written Constitution or Rules, or if they do, they are very brief. They have not been formed as a trust, limited company, partnership or other legally recognised entity. These groups are known in legal terms as an unincorporated association.
However, without proper protection the officers and members have personal responsibility for any debts incurred and claims which may be brought against the association. So, officers of tennis clubs, fishing associations, theatre groups, sports clubs and numerous other organisations need to be careful.
Structure
An unincorporated association is not a legal entity in its own right. It has no legal personality distinct from that of its members. There is usually a Constitution and Rules and the members appoint a committee to represent them. If the association owns property, it will be necessary to appoint Trustees. This may also be the case if the association has a bank account and other assets
When it is used
An unincorporated association is often appropriate where the organisation does not need a more formal corporate structure, where personal liability is of little concern and the organisation has a wider membership. It is easy to set up and operate, and is flexible which makes it an attractive structure to many organisations.
Legal Liability
When dealing with third parties, members of an unincorporated association are treated as individuals and their membership gives them no protection against potential personal liability to third parties. This means that every member has full personal liability for any type of claim against the association, including if the association should become bankrupt.
Exactly which of the members are liable to a third party can vary from situation to situation. It is normally the committee who will be pursued first of all by anyone making a claim. The committee can then bring into the claim all other members. The types of claim will include such matters as debts owed to creditors or compensation owed to injured third parties (to the extent of course that these are not covered by insurance or available funds of the organisation).
The Risks
Unfortunately, with ever increasing legislation, members are at risk of claims for situations including health and safety, employment, discrimination, and child protection.

 

[steve2]

Knowing many of the lakes/ponds in the Essex area which one are you looking into renting. There are some that I would not get involved with for various reasons.

 

[John Aston]

May I just endorse Mikench very useful comments and advice ? It is vitally important to understand what risks and responsibilities you are taking on , and how best to manage them , including by insurance . I've been involved for many years in setting up and managing clubs and syndicates and would not even consider any position of responsibility for anything (except maybe a very small syndicate )which wasn't a legal entity in its own right , such as a company limited by guarantee .

My wife wouldn't forgive me for losing the house . Quite seriously , if you are taking on personal liability in running a fishing club , that can be the magnitude of risk. It's unlikely , but it is possible and time spent now can eliminate or reduce any personal risk /responsibility you are taking on .

 

[john step]

Ours is a limited company. We are insured up to the hilt. We do not issue day tickets. The club is by membership only. We need to know who is who. The club pays rent to the owners who take nothing so there is a fund for expenses. (The owners are club members who bought out the previous owners)
The club has had to agree in a vote at the AGM that the club is responsible for ALL safety and maintenance issues.
There are adequate life buoy belts fixed in clear view around the lake.

You say you are running it on behalf of the Council. The Council legal department should have some input about insurance and risk ?