Publican strips bar in row with brewery over assets

Last updated 23:30 26/01/2009

Head leaseholder DB sent in receivers PricewaterhouseCoopers and took control of The Temperance bar, off Courtenay Place, two weeks ago, amid concerns about its management by publican Andrew Gibson, who sub-leased the venue.

PricewaterhouseCoopers spokesman John Fisk said Mr Gibson carried out a night raid to remove nearly $100,000 of widescreen televisions, furniture, sound equipment, cash registers and alcohol.

"It was quite an exercise from a logistics point of view. They worked all through the night to do it. The bar looked somewhat gutted when we arrived."

The Temperance was closed for more than a week while the equipment, repossessed by the receivers, was reinstalled at the pub. "We will be finalising what that cost is ... so we can recover the money," Mr Fisk said.

DB has also placed another of Mr Gibson's pubs, The Loaded Hog on Wellington's waterfront, into receivership.

DB spokesman Andrew Campbell said The Loaded Hog had provided a guarantee for The Temperance, a vast $4 million complex that can cater for 1350 people and is the official "home bar" of the Hurricanes and Wellington Lions. "It is part of us going along with the receivership at Temperance and making sure all monies are collected. The Loaded Hog was placed in receivership as well to cover any shortfalls."

The Loaded Hog, which is still trading, could be sold to cover debts associated with The Temperance, he said.

Mr Gibson, who is holidaying with family in the United States, said he had received legal advice that he owned the goods removed from The Temperance, but agreed to their return before he went on holiday.

"However, [that] was under the condition that we would come back and dispute their claim. So it's not over yet. When we are back ... we will be looking to recover all our investments. I think it is about time someone gave these breweries a run for their money."

He said the receivers could not sell The Loaded Hog because he, or the Loaded Hog franchise, owned nearly all the assets.

DB also faces a fight in the High Court at Wellington over a disputed amount of nearly $1.2 million stemming from the development of The Temperance. Papers filed by Ecosse Afrique Enterprises claim it paid for work authorised by DB that fell outside the terms of agreement.

It included the demolition and replacement of a rear wall at an adjoining site. A further 12 breaches are alleged, totalling $1.06 million.

Ecosse has also claimed three months' unpaid rent, totalling nearly $128,000, on two buildings incorporated into The Temperance site.

DB said it did not believe the claims had any merit and would defend them in court.

- © Fairfax NZ News

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