Developer and Cheltenham-winning horse owner Conor Clarkson’s pub trading without liquor licence, High Court told

A €2.1m pub and hotel business operated by well-known businessman and racehorse owner Conor Clarkson has been trading without a liquor licence, a receiver has claimed.

The allegation was made in the High Court as part of a dispute over the appointment of receivers to the assets of the company behind the Powerscourt Arms Country House.

Mr Clarkson (59), a property developer who owned 2005 Cheltenham Gold Cup winner Kicking King, is a director of the firm, Bereryscape Limited.

The hotel in Enniskerry, Co Wicklow has been used to house Ukrainian refugees under a Government contract in recent times.

Joint receivers Julian Moroney and Damien Murran of Teneo were appointed over the assets of the company, including the hotel, on September 11 by creditor Capitalflow Group in connection with a loan of €1.15m.

But within a week, Bereryscape issued proceedings in the High Court’s chancery list against Capitalflow and the receivers, challenging their appointment.

The lender and the receivers then filed a lawsuit of their own claiming there had been interference in the receivership.

They are seeking a declaration the joint receivers were validly appointed and an order for the vacant possession of the property.

An application to enter the new case onto the High Court’s fast track commercial list was today successfully opposed by Bereryscape, represented by barristers John Kennedy SC and Keith Farry BL and solicitor Aaron McKenna, on the basis the matter was a duplication of the proceedings taken by their clients in the chancery list.

Both cases will instead resume in the chancery court next month.

Oliver Butler BL, instructed by solicitors RDJ, told Mr Justice Denis McDonald he was anxious for the matter to progress quickly.

“It is just to emphasise the urgency in particular circumstances where the premises is currently trading without a liquor licence,” he said.

Mr Justice McDonald said there seemed to be a dispute over why that was, with Bereryscape suggesting the receivers had “scuppered” the chances of the licence being renewed.

“It is 14 months since an application was made for a licence. So we don’t accept that,” said Mr Butler.

In an affidavit, Mr Moroney said that in July, prior to his appointment as joint receiver, Bereryscape had entered into a contract to sell the property to a company called Manabard (Holdings) Limited.

The proposed price is €2.1m and Mr Moroney said the receivers intended to proceed with the sale.

But he alleged Bereryscape has sought to delay or frustrate the closing of the transaction by raising queries over the security held by Capitalflow.

Mr Moroney said a company called Eniflex Limited, whose directors are Mr Clarkson and Dominic Brady, had been operating a pub at the property, as well as offering accommodation for refugees.

He said he would be seeking orders for the occupiers to cease trading, citing concerns insurance cover may be declined due to the pub operating without a subsisting licence.

The joint receiver also said it was unclear if the property was compliant with fire regulations.

Mr Moroney said he had written to Mr Clarkson asking for Eniflex’s operating lease, a current valid liquor licence, and details of existing insurance policies.

An extract of the insurance schedule was later provided, but not a full copy of the policy document.

He also said Mr Clarkson had provided contradictory explanations in relation to the liquor licence and had at various stages said one was in place or being “applied for”.

Mr Moroney said a check on November 2 showed the premises was not on the latest Revenue Commissioners liquor licence register.

“I am therefore seeking the immediate cessation of trade at the property until a valid publican’s licence can be produced along with the evidence from the fire officer that the property is compliant with fire safety regulations,” Mr Moroney said.

The joint receiver said Manabard had issued Circuit Court proceedings earlier this month seeking the specific performance of the contract of sale.

Mr Moroney said, in the circumstances, he was seeking the vacant possession of the property so the sale could be completed and litigation avoided.

In Bereryscape’s claims against Capitalflow and the receivers, it alleges the appointment of the receivers was invalid, that there had been a failure to properly vouch the €1.15m loan and security and a failure to allow the company to redeem the loan.

The company is also seeking to stop the receivers taking any further steps in relation to the proposed sale.

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