A well known local businessman has been disqualified by the High Court in Belfast in respect of his directorship of a bar and public house.
Bryan James West (67) of Rivergate Lane, Blaris Road, Lisburn, was disqualified for five years on May 20, in respect of his conduct as a director of US Inns Limited.
The company carried on the business of running public houses and bars, entering administration on 23 October 2012 with estimated total assets available for preferential creditors of £46,764, liabilities to floating charge holders of £58,216, liabilities to unsecured creditors of £328,055, and an estimated deficiency as regards creditors of £339,507.
After taking into account the losses incurred by the shareholders of the Company the estimated total deficiency was £361,507.
The Company subsequently went into liquidation on 13 May 2013.
The matters of unfit conduct alleged by the Department of Enterprise, Trade and Investment in relation to Bryan James West in respect of his conduct as a director of the Company and accepted by the Court were:
· Causing and permitting the Company to retain £262,995 properly due to the Crown, consisting of £21,559 in respect of PAYE for the tax year 2012/13; £42,449 in respect of NIC for the tax years 2011/12 and 2012/13 and £198,987 in respect of VAT for the tax years 2011/12 and 2012/13;
· Failure to comply with Section 394 of the Companies Act 2006 in that the Annual Accounts for the Company in respect of the year ended 30 June 2011 were not filed in Companies House.
· Causing and permitting the Company to fail to comply with Article 371(c) of the 1986 Companies Order in that the Annual Returns in respect of the years made up to 31 December 2003 to 31 December 2005 were not filed on time; and -
· Failure to comply with Section 854 of the Companies Act 2006 in that the Annual Returns in respect of the years made up to 31 December 2009 and 31 December 2011 were not filed on time.
The Department has accepted 12 Disqualification Undertakings.
The Court has made four orders disqualifying directors in the financial year commencing 1 April 2015.