Battle over right to run rebel smoking pub (From The Bolton News)

Battle over right to run rebel smoking pub

7:49pm Sunday 2nd September 2007 in

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REBEL landlord Nick Hogan faces a battle to stay in charge of the Swan and Barristers, according to a rival.

Owner of the Flying Flute in Bradshawgate, Darren Miller, claims he has bought the two pubs, meaning Mr Hogan - who has defied the national ban on smoking in public places - will be kicked out.

Mr Miller has vowed to stop regulars from smoking in the two venues, in Bradshawgate, when he takes ownership on September 21.

But Mr Hogan, who leases the pub from its owner Paul Kylie, claims he will not relinquish his lease or licensee rights unless he receives the right offer, even when Mr Miller becomes the new owner.

And he is intent on continuing his battle with Bolton Council over his insistence on allowing drinkers to light up indoors.

Mr Hogan is due to appear before Bolton Magistrates on September 14 to answer five charges of allowing people to smoke in his pubs and four of obstructing council officers.

Mr Miller said he had bought the pubs with a vacant possession, allowing him full control of the bars.

He said: "I have exchanged contracts and no matter what Nick Hogan says, he won't be there then. There are two courses of action open to him and if he takes the wrong one, he could end up with nothing.

"The Swan is the only pub in Bolton town centre that has a really nice outdoor smoking area, and we intend on improving on that.

"We certainly won't be allowing smoking but if Nick wants to buy the ashtrays he's more than welcome to them."

Mr Hogan claims he has not given up his lease, even though he has received an offer for it to be bought from him.

He said: "I haven't agreed to sell any part of my interest in The Swan. I own the lease and am the licensee of both The Swan and Barristers and I'm not going to relinquish any of them.

"I've been made an offer, which I've refused and I won't relinquish my interests in the business unless an offer is made to me which is acceptable."