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11:27am Saturday 22nd September 2007
Comments (290) Have your say »
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.
Tubby Scruff, Alderley Edge says...
11:38am Sat 22 Sep 07
dear anti yobs, breightmet says...
11:40am Sat 22 Sep 07
only me, farnworth says...
11:52am Sat 22 Sep 07
Tom Thumb, Louisa Street says...
11:55am Sat 22 Sep 07
Tubby Scruff wrote:Quite right as much as people might hate it we still have habeous corpus in this country.
"The owner must also have tried to gain the consent of the current licensee to the change".
If this is the case Bolton Council and Kylie have acted illegally. Leading the way for an interesting case that could land Hogan with a good few shillings.
Hogan, love him or hate him, is innocent until proven guilty.
Erica, I'm surprised you can sit at your PC after last night with your young charge.
Tom Thumb, Louisa Street says...
11:56am Sat 22 Sep 07
dear anti yobs, breightmet says...
12:00pm Sat 22 Sep 07
RagReader, Horwich says...
12:06pm Sat 22 Sep 07
Tom Thumb wrote:After your previous comments about points of law should you be saying that?
Does it mean those wretched bouncers are still working there then? The short fat stocky bald one touched my daughter in an inappropriate manner.
Tom Thumb, Louisa Street says...
12:13pm Sat 22 Sep 07
dear anti yobs wrote:No she stays away now.
well tell your daughter not to go in their and has she informed the police as it sounds to me like sexual abuse if not get it reported now
kerry, says...
12:30pm Sat 22 Sep 07
RagReader, Horwich says...
12:47pm Sat 22 Sep 07
kerry wrote:The owner has thrown him out for breaking the law and violating his lease,what's that got to do with police cautions for assault?
so somebody can beat somebody half to death get a simple cation. yet poor Nick gets locked out of his pub and the bailiffs called for allowing people to smoke ps why does the Dj in the swan look so much like shrek ?
berushka, europe says...
1:14pm Sat 22 Sep 07
RagReader wrote:No! the owner and his thugs have illegally gained access with the aide and abettence of Bolton Council. They did not approach Mr Hogan to discuss it, which is required by law before the licencee can be changed. Once again, the thugs of Bolton Council have acted, probably got a backhander of kylie. Oh when will the people of Bolton wake up and git rid of the gestapo posing as councillors?
kerry wrote: so somebody can beat somebody half to death get a simple cation. yet poor Nick gets locked out of his pub and the bailiffs called for allowing people to smoke ps why does the Dj in the swan look so much like shrek ?The owner has thrown him out for breaking the law and violating his lease,what's that got to do with police cautions for assault? I wouldn't know about the DJ looking like Shrek,I prefer smoke free pubs.
Pieman, Bolton says...
1:16pm Sat 22 Sep 07
dear anti yobs, breightmet says...
1:19pm Sat 22 Sep 07
Tom Thumb wrote:strong girl takes a lot to deal with well done her
dear anti yobs wrote: well tell your daughter not to go in their and has she informed the police as it sounds to me like sexual abuse if not get it reported nowNo she stays away now. Yes It should but its up to her to report it not me. She is perhaps stronger.
jpl, bangkok says...
1:27pm Sat 22 Sep 07
cow-head, westhoughton says...
1:33pm Sat 22 Sep 07
don060541, devon says...
2:28pm Sat 22 Sep 07
don060541, devon says...
2:30pm Sat 22 Sep 07
Tom Thumb, Louisa Street says...
2:36pm Sat 22 Sep 07
keithyt, Bolton says...
3:11pm Sat 22 Sep 07
JoePublic, Bolton says...
3:25pm Sat 22 Sep 07
jpl wrote:Indeed, where are freedom2choose? What are they organising in support of Nick Hogan? Will the pub be picketed by smokers? Will leaflets be handed out in the street urging people to boycott the pub?
I'm surprised the freedom2choose have not been alerted to the story, they must be having a mass protest in a telephone kiosk somewhere in the country.
JoePublic, Bolton says...
3:27pm Sat 22 Sep 07
Oh when will the people of Bolton wake up and git rid of the gestapo posing as councillors?
don060541, devon says...
3:46pm Sat 22 Sep 07
don060541, devon says...
3:47pm Sat 22 Sep 07
blue, Lancs says...
3:50pm Sat 22 Sep 07
cow-head, westhoughton says...
3:56pm Sat 22 Sep 07
JoePublic, Bolton says...
4:21pm Sat 22 Sep 07
RagReader, Horwich says...
4:25pm Sat 22 Sep 07
Phil Williams, Norfolk says...
5:22pm Sat 22 Sep 07
Belinda Cunnison, says...
5:33pm Sat 22 Sep 07
only me, farnworth says...
5:55pm Sat 22 Sep 07
don060541, devon says...
6:05pm Sat 22 Sep 07
JoePublic, Bolton says...
6:27pm Sat 22 Sep 07
Belinda Cunnison wrote:Why should the Council be ashamed of themselves? This action has obviously been instigated by the owner of the premises who believes an illegal activity is taking place there. Admittedly, the owner is trying to sell the building, something that would be harder to do if the lessee or tenant has had his licence revoked, and is trying to cover his own back.
It used to be a principle of British justice that one person prosecutes you, and another decides the verdict, applying legal principles. The prosecuting authority can't decide you are guilty. That is an abuse of process, and Bolton council should be ashamed of themselves.
only me, farnworth says...
7:35pm Sat 22 Sep 07
don060541 wrote:At least I managed to add a few extra words to my copying and pasting effort!!!!
so this is what it comes down to it used to be great britain the gb is right but it should be gestapo britain cant do this cant do that we will tax you to the hilt to provide for the social scrongers and druggies who cane be bothered to work just steal some hard working folks cash if i remeber correct the swan is on the corner of bradshawgate can just picture them all standing outside blocking the pavement to have a fag hse comes to mind if someone gets knocked down avoiding the crowd good on you hogan you wont win but nice try the good guy never wins over the spineless gov
Jan Gibbons, Manchester says...
7:42pm Sat 22 Sep 07
Phil Williams, Norfolk says...
8:56pm Sat 22 Sep 07
hatemanu, bolton says...
9:11pm Sat 22 Sep 07
Derek Launch, London says...
9:15pm Sat 22 Sep 07
hatemanu, bolton says...
9:15pm Sat 22 Sep 07
Derek Launch, London says...
9:18pm Sat 22 Sep 07
Derek Launch, London says...
9:19pm Sat 22 Sep 07
hatemanu wrote:Two posts where you can't be bothered to spell words properly or check what you are typing. And you call others lazy?
as for u jan get a life , is it that hard to walk ten metres to the beer garden , if so how do you get your fags , do you walk to a shop for them , why should other people breath you smoke in , because ur lazy .
Phil Williams, Norfolk says...
9:23pm Sat 22 Sep 07
hatemanu, bolton says...
9:34pm Sat 22 Sep 07
hatemanu, bolton says...
9:42pm Sat 22 Sep 07
hatemanu, bolton says...
9:54pm Sat 22 Sep 07
Carlos Em, London says...
10:02pm Sat 22 Sep 07
hatemanu wrote:No this is not about smoking but about property rights. Its Nick's pub and not yours. If you want a smokefree pub make your own and stop **** off others.
as for u jan get a life , is it that hard to walk ten metres to the beer garden , if so how do you get your fags , do you walk to a shop for them , why should other people breath you smoke in , because ur lazy .
Carlos Em, London says...
10:05pm Sat 22 Sep 07
hatemanu wrote:A bit like you- passive smoking is proven to be nothing more than a mere irritant. Nick is a great man and we shall support him! He is standing up for civil liberties!!
phil is really a none smoker , im sure he is taking the mickey , he can really believe anybody would think hogan is a example to us all , good one nick , a man who lets people smoke in is pub , effecting is staff and other customers, effecting there health , hope he comes up to norfolk ,and embrasses ur neighbourhood in national press
Phil Williams, Norfolk says...
10:10pm Sat 22 Sep 07
King Eric, . says...
10:20pm Sat 22 Sep 07
hatemanu, bolton says...
10:26pm Sat 22 Sep 07
King Eric, Nine Prem Titles says...
10:28pm Sat 22 Sep 07
Phil Williams, Norfolk says...
10:30pm Sat 22 Sep 07
King Eric, . says...
10:38pm Sat 22 Sep 07
If you say yes you lose your argument and if you say no you show you have no knowledge
If you say yes you lose your argument and if you say no you show you have no knowledge
hatemanu, bolton says...
10:49pm Sat 22 Sep 07
Phil Williams, Norfolk says...
10:52pm Sat 22 Sep 07
King Eric, . says...
11:03pm Sat 22 Sep 07
Phil Williams, Norfolk says...
11:10pm Sat 22 Sep 07
King Eric, . says...
11:15pm Sat 22 Sep 07
hatemanu, bolton says...
11:19pm Sat 22 Sep 07
Derek Launch, London says...
11:59pm Sat 22 Sep 07
Carlos Em, London says...
12:22am Sun 23 Sep 07
Tubby Scruff, Alderley Edge says...
1:37am Sun 23 Sep 07
werty, bolton says...
3:23am Sun 23 Sep 07
King Eric, . says...
King Eric, . says...
11:31am Sat 22 Sep 07
Justice is done and Sulk Hogan's three minutes in the spotlight has faded.