Council pull strings to stop the Swan ?

AlanA · 24-09-2007, 09:41 AM

The following article was in Saturdays Bolton News.
For the time being, it looks like the game is up for the Swan.
Hopefully, Freedom2choose will be helping Nick Hogan on this matter.
Did the Council act within the Law ?

quote

Smoke rebel landlord locked out
By News Editor James Higgins
Comment | Read Comments (108)
REBEL landlord Nick Hogan has been locked out of his pub.

And by last night he had also lost the licence for the The Swan hotel in Bolton town centre and the neighbouring Barristers bar.

Mr Hogan has been in the headlines for his stance on the smoking ban, introduced in July.

He has repeatedly allowed drinkers to smoke in his bars and is now awaiting trial after pleading not guilty to five counts of failing to prevent people from smoking and four counts of obstructing council officers.

The owner of The Swan and Barristers building, Paul Kylie, called in a team of bailiffs to force entry to the building and change the locks yesterday morning.

He claimed Mr Hogan had breached the terms of his lease - which states he must abide by all UK laws - by allowing customers to smoke.

A notice placed in the window said any attempts by Mr Hogan to re-enter the premises would lead to criminal or civil action being taken against him.

In a day of dramatic twists and turns, Mr Hogan then took court action and won the right to re-enter the property.

But within hours, Bolton Council's licensing department agreed to an application by Paul Kylie to change the tenancy to his son Ryan.

Last night Mr Hogan, who has run The Swan for the last three years, claimed he had been the victim of a stitch-up.

Mr Hogan said bailiffs forced entry to the Swan and Barristers at around 6.15am and activated the burglar alarms.

He immediately drove to the pub and met his manager, and said he found Paul Kylie and a number of bailiffs in the yard.

They had changed the locks and chained the gates which lead to the entrance of the Barristers bar.

Mr Hogan contacted his solicitor and took the matter to a hearing at the High Court in Manchester, where he won the right to get back into the property.

He claimed he couldn't be branded a law breaker until he had been convicted in relation to breaching the smoking ban.

But meanwhile, Mr Kylie and his son had visited Bolton Council's licensing department, where they got the tenancy of The Swan and Barristers changed so Ryan Kylie was the new licensee.

Licensing Act laws say that it is within the rights of a pub owner to change the nominated licensee if he or she is able to prove they can run the premises for the reason they were licensed.

The owner must also have tried to gain the consent of the current licensee to the change.

Mr Hogan said last night: "Bolton Council has acted illegally, they have acted irresponsibly and I believe they have taken this course of action because I have allowed people to smoke, despite the smoking ban.

"The council must be off their rockers to do this. I will sue them over this - then I'll sue them again."

A spokesman for the council's licensing department said hearings regarding a change of licensee were "nothing out of the ordinary".

"They can normally be completed in a fairly short period of time. On this occasion we were satisfied that parties involved were able to satisfy all the criteria necessary," he said.

"If Mr Hogan wishes to invoke a similar process, it is well within his rights."

The Swan and Barristers are at the centre of a tug-of-war, with owner Paul Kylie reportedly offering them for sale with vacant possession to Darren Miller, the owner of the Flying Flute in Bradshawgate, Before yesterday's developments, Mr Hogan claimed the sale could not happen because he has a lease on the pubs until 2040.

Mr Kylie was not available for comment yesterday.

But last night The Swan and Barristers were open for business as usual.

harryaldridge · 24-09-2007, 10:20 AM

Brilliant. Let's hope he continues to fight the council all the way.

AlanA · 25-09-2007, 01:34 PM

Here is the latest article in the Bolton News today.
Nick Hogan is not giving up, and i hope he gives Bolton Council a bloody nose !

quote

Pub boss demands licence back
By Jane Lavender
Comment | Read Comments (113)

ANGRY: Nick Hogan
FURIOUS landlord Nick Hogan has instructed his legal team to contact Bolton Council to demand they reinstate him as the licensee of two town centre bars.

The rebel pub boss found himself locked out of The Swan Hotel and Barristers bar on Friday when the owner of the buildings took action.

Paul Kylie called in bailiffs to break in and change the locks, claiming Mr Hogan had breached the terms of his lease - which states he must abide by all UK laws - by allowing customers to smoke.

A notice was placed in the window claiming any attempts by Mr Hogan to re-enter the pubs would result in criminal or civil action being taken against him.

The rebel landlord - who has been in the news recently for allegedly flouting the smoking ban - went to the High Court in Manchester and claimed he was not a law breaker because he had not been convicted in connection with his reported smoking ban breaches.

He won the right to get back into the two pubs, but as the case was being heard, Mr Kylie and his son, Ryan, visited Bolton Council's licensing department, where they changed the tenancy of The Swan and Barristers, naming Ryan as the new licensee.

Mr Hogan, who opened the pubs as usual over the weekend, has contacted his solicitor.

He has written to Bolton Council demanding they reinstate him as licensee - or face being ordered to do so by the courts. Mr Hogan said: "These are still my pubs and I have no intention of going anywhere."

The controversial landlord has repeatedly allowed drinkers to smoke in the two bars.

He is now awaiting trial after pleading not guilty to five counts of failing to prevent people from smoking and four of obstructing council officers.

A council spokesman said: "We will need to consider the information that has been sent to us."

11:09am today

tito · 25-09-2007, 10:13 PM

I hope some follow his lead. The best way to overthrow a law is to simply ignore it.

Westcountryman · 25-09-2007, 10:15 PM

Quote:

Originally Posted by tito

I hope some follow his lead. The best way to overthrow a law is to simply ignore it.

Good luck with that. It hasn't worked with the Countryside Alliance (fox-hunting), and I doubt it's going to work here.

ANGLO-STAFFS · 25-09-2007, 10:27 PM

Quote:

Originally Posted by tito

I hope some follow his lead. The best way to overthrow a law is to simply ignore it.

IF he has broken this particular law I hope he gets the book thrown at him.

Westcountryman · 25-09-2007, 10:36 PM

Quote:

Originally Posted by ANGLO-STAFFS

IF he has broken this particular law I hope he gets the book thrown at him.

No doubt he will, Environmental Health aren't a very forgiving bunch.

AlanA · 26-09-2007, 11:09 AM

Quote:

Originally Posted by ANGLO-STAFFS

IF he has broken this particular law I hope he gets the book thrown at him.

So, you agree whole heartedly with this asinine law do you. Remember the Labour party manifesto on smoking ? They lied to us, and obviously, you condone this behaviour !
Our society is plummeting to depths hitherto unknown, and the witless are quite happy to go along with it ! Mind boggling !
No doubt, you will accept Labour's argument that we don't need a referendum on the EU as well ? Another manifesto lie !

B.A.Ware · 26-09-2007, 11:18 AM

Quote:

Originally Posted by ANGLO-STAFFS

IF he has broken this particular law I hope he gets the book thrown at him.

So if they ban freedom of speech and the right to protest you will agree anyone breaking this law should have the book thrown at them

I suppose you think the Burmese monks should be locked up as the Burmese government has put in a curfew,theres non so blind.....

Little Englander (sour) · 26-09-2007, 04:01 PM

I'm assuming that the pious tw@ts that support the Government/Police/Council action taken against smokers:
a. Do not own and drive a car.
b. Do not travel by air, ever.
c. Re-cycle every scrap of re-cycleable material.
d. Drink only, the GOVERNMENT suggested units of alcohol.
e. Never accept a fresh cream jam doughnut.

Come off it, especially Anglo Staffs.

24-09-2007, 09:41 AM	#1 (permalink)
AlanA Member Join Date: May 2007 Location: Bolton Posts: 181	Council pull strings to stop the Swan ? The following article was in Saturdays Bolton News. For the time being, it looks like the game is up for the Swan. Hopefully, Freedom2choose will be helping Nick Hogan on this matter. Did the Council act within the Law ? quote Smoke rebel landlord locked out By News Editor James Higgins Comment \| Read Comments (108) REBEL landlord Nick Hogan has been locked out of his pub. And by last night he had also lost the licence for the The Swan hotel in Bolton town centre and the neighbouring Barristers bar. Mr Hogan has been in the headlines for his stance on the smoking ban, introduced in July. He has repeatedly allowed drinkers to smoke in his bars and is now awaiting trial after pleading not guilty to five counts of failing to prevent people from smoking and four counts of obstructing council officers. The owner of The Swan and Barristers building, Paul Kylie, called in a team of bailiffs to force entry to the building and change the locks yesterday morning. He claimed Mr Hogan had breached the terms of his lease - which states he must abide by all UK laws - by allowing customers to smoke. A notice placed in the window said any attempts by Mr Hogan to re-enter the premises would lead to criminal or civil action being taken against him. In a day of dramatic twists and turns, Mr Hogan then took court action and won the right to re-enter the property. But within hours, Bolton Council's licensing department agreed to an application by Paul Kylie to change the tenancy to his son Ryan. Last night Mr Hogan, who has run The Swan for the last three years, claimed he had been the victim of a stitch-up. Mr Hogan said bailiffs forced entry to the Swan and Barristers at around 6.15am and activated the burglar alarms. He immediately drove to the pub and met his manager, and said he found Paul Kylie and a number of bailiffs in the yard. They had changed the locks and chained the gates which lead to the entrance of the Barristers bar. Mr Hogan contacted his solicitor and took the matter to a hearing at the High Court in Manchester, where he won the right to get back into the property. He claimed he couldn't be branded a law breaker until he had been convicted in relation to breaching the smoking ban. But meanwhile, Mr Kylie and his son had visited Bolton Council's licensing department, where they got the tenancy of The Swan and Barristers changed so Ryan Kylie was the new licensee. Licensing Act laws say that it is within the rights of a pub owner to change the nominated licensee if he or she is able to prove they can run the premises for the reason they were licensed. The owner must also have tried to gain the consent of the current licensee to the change. Mr Hogan said last night: "Bolton Council has acted illegally, they have acted irresponsibly and I believe they have taken this course of action because I have allowed people to smoke, despite the smoking ban. "The council must be off their rockers to do this. I will sue them over this - then I'll sue them again." A spokesman for the council's licensing department said hearings regarding a change of licensee were "nothing out of the ordinary". "They can normally be completed in a fairly short period of time. On this occasion we were satisfied that parties involved were able to satisfy all the criteria necessary," he said. "If Mr Hogan wishes to invoke a similar process, it is well within his rights." The Swan and Barristers are at the centre of a tug-of-war, with owner Paul Kylie reportedly offering them for sale with vacant possession to Darren Miller, the owner of the Flying Flute in Bradshawgate, Before yesterday's developments, Mr Hogan claimed the sale could not happen because he has a lease on the pubs until 2040. Mr Kylie was not available for comment yesterday. But last night The Swan and Barristers were open for business as usual.

24-09-2007, 10:20 AM	#2 (permalink)
harryaldridge Senior Member Join Date: Oct 2005 Location: West Sussex Posts: 1,912	Brilliant. Let's hope he continues to fight the council all the way. __________________ http://vindicovindico.blogspot.com

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25-09-2007, 01:34 PM	#3 (permalink)
AlanA Member Join Date: May 2007 Location: Bolton Posts: 181	Here is the latest article in the Bolton News today. Nick Hogan is not giving up, and i hope he gives Bolton Council a bloody nose ! quote Pub boss demands licence back By Jane Lavender Comment \| Read Comments (113) ANGRY: Nick Hogan FURIOUS landlord Nick Hogan has instructed his legal team to contact Bolton Council to demand they reinstate him as the licensee of two town centre bars. The rebel pub boss found himself locked out of The Swan Hotel and Barristers bar on Friday when the owner of the buildings took action. Paul Kylie called in bailiffs to break in and change the locks, claiming Mr Hogan had breached the terms of his lease - which states he must abide by all UK laws - by allowing customers to smoke. A notice was placed in the window claiming any attempts by Mr Hogan to re-enter the pubs would result in criminal or civil action being taken against him. The rebel landlord - who has been in the news recently for allegedly flouting the smoking ban - went to the High Court in Manchester and claimed he was not a law breaker because he had not been convicted in connection with his reported smoking ban breaches. He won the right to get back into the two pubs, but as the case was being heard, Mr Kylie and his son, Ryan, visited Bolton Council's licensing department, where they changed the tenancy of The Swan and Barristers, naming Ryan as the new licensee. Mr Hogan, who opened the pubs as usual over the weekend, has contacted his solicitor. He has written to Bolton Council demanding they reinstate him as licensee - or face being ordered to do so by the courts. Mr Hogan said: "These are still my pubs and I have no intention of going anywhere." The controversial landlord has repeatedly allowed drinkers to smoke in the two bars. He is now awaiting trial after pleading not guilty to five counts of failing to prevent people from smoking and four of obstructing council officers. A council spokesman said: "We will need to consider the information that has been sent to us." 11:09am today

26-09-2007, 04:01 PM	#10 (permalink)
Little Englander (sour) Senior Member Join Date: Dec 2006 Location: Portsmouth Posts: 906 Party: English Democrats	I'm assuming that the pious tw@ts that support the Government/Police/Council action taken against smokers: a. Do not own and drive a car. b. Do not travel by air, ever. c. Re-cycle every scrap of re-cycleable material. d. Drink only, the GOVERNMENT suggested units of alcohol. e. Never accept a fresh cream jam doughnut. Come off it, especially Anglo Staffs.