The recent BHS
scandal demonstrates how unscrupulous
businessmen like Sir Phillip Green and
Dominic Chapple can accumulate large
personal fortunes by feeding, like vultures, off struggling companies. These so called entrepreneurs reportedly bent
the rules of business to breaking point,
subverted ethical standards, and ruthlessly exploited staff and investors to feed their insatiable greed for personal wealth. To coin an over-used phrase people like Sir Philip Green are, for many, the unacceptable face of capitalism. And here in Thanet I fear we have something akin to a BHS situation developing at
Margate’s iconic Dreamland
Amusement Park and here’s why I think so.
In November
2014 a company called Sands Heritage Limited, who’s directors include Mr Nicholas Con-nington and Mr John
Adams, was appointed by Thanet Council
as the operator of Margate’s Dreamland
Amusement Park. There was much
controversy surrounding Sand’s application to become Dreamland’s operator. It was a new company seemingly inexperienced
in running seaside amusement parks. There were also rumours that Sands allegedly enjoyed certain “advantages” over the other companies applying to become the Dreamland operator. These rumoured “advantages” have, to the best
of my knowledge, never been substantiated but, following a number of
complaints, Thanet Council took legal advice about the park operator procurement
exercise and disallowed much of Sands
Heritage’s application documentation during the final stage of the selection process. Like
many others, I am curious to know what Edi-vence of alleged wrong doing, the secret legal
advice contained – if indeed any at all??
Dreamland
opened to the public on 19 June 2015 and the controversy continued. Its key attraction, the scenic railway, was still being restored and not ready for use
by customers for several months to come. In October 2015 Sands Heritage
threatened to sue Thanet Council for breach of contract and alleged multi-million pound financial losses caused by the council's incompetence in managing the Dreamland project. Clearly
there was some substance to this claim and in November 2015 Thanet Council paid
Sands £912,000 in compensation. In December 2015, just 6 months after the
opening of Dreamland, Sands Heritage
announced that it owed a massive £2.9million in unpaid bills, much of this to small local
businesses. On 23rd December Sands reached a Company Voluntary
Arrangement with its 100 plus creditors, using some of the £912,000 from Thanet
Council to make an initial payment towards clearing the debt. By May 2016 it became clear
that Sands Heritage was still in serious financial difficulties resulting in
the appointment of Duff and Phelps as administrators of Sands Heritage. On
August 4th , at a meeting of its creditors, the true extent of Sands indebtedness became clear.
According to administrators Duff and Phelps’ report to the meeting, Sands owed a massive £8.34 million to almost 300
creditors many of them small local business who can ill afford even modest
losses.
Sands’ only secured creditor is, according to the Duff
Phelps’s report, Arrowgrass Master Fund Ltd, an investment company registered
in the offshore tax haven of the Cayman Islands which is owed £2,343 million plus any accruing
interest, charges and costs. The security on this debt is a charge on Sands’ 99 year leasehold of the Dreamland Amusement park. This means that
if Sands Heritage were to default on its repayments to Arrowgrass, go bust, be wound up or sold, which considering
the precarious state of its finances are
all likely options, then Arrowgrass will end up owning the Dreamland lease to do
with as it likes.
Now
this where things begin to get interesting, or perhaps questionable, depending
upon your point of view. Arrowgrass Master Fund Limited is owned by London
based Arrowgrass Capital Partners LLP. According to internet sources “Arrowgrass Capital was founded in 2008 by former Deutsche Bank traders.
The fund’s founder CIO is Nick Niell. The
other founders are Henry Kenner, James Barty, and Michael Sung Wook Chung”. Arrowgrass
appears to be a company which specialises in high risk, high return investments
particularly focused on companies struggling to keep their heads above water
like Sands Heritage. According to a disclaimer on the Arrowgrass website its investments are “intended
for sophisticated investors who can accept the risks associated with such an
investment including a substantial or complete loss of their investment and who
have no need for immediate liquidity in their investment. Investments will be
subject to strict limitations on transferability and withdrawal”.
It surprised many people to learn that prior to opening the Sands Hotel
in Margate and setting up Sands Heritage
Ltd company director Nicholas Con-nington reportedly worked for Arrowgrass
Capital Partners reportedly for a period
of 4 years. It has also emerged that
Con-nington’s colleague director at Sands Hotel and Sands Heritage, John Adams,
was the director of company called Lifescan Limited
alongside Arrowgrass founder Nicholas “Nick” Neil.
But the close ties between Con-nington,
Adams, and the founder of Arrowgrass don’t end there. In March 2016 Adams and
Con-nington set a company called Brede Hotels Ltd. In the statement of capital
published on the Companies House website Mr Nicholas Graham Niell is listed as
owning 100 shares in Brede Hotels. Brede Hotels Ltd appears to be the sole
owner of Nyland Rock Hotel Margate Ltd, which was set up by Adams and
Con-nington in May 2016, just before the Nyland Rock Hotel was sold for a
reported £1.75 million to Tower Pension Fund Trustees on 1 July 2016. According
to Companies House records, the receivers have now been called in to Tower
Trustees.
Now I’m not suggesting for a moment any
illegality or law breaking. But what does concern me is the ethical background to this saga. In effect the
directors of a troubled business (Sands Heritage) have a long standing
relationship with one of the directors (Nick Niell) of a company (Arrowgrass) which has lent them a
significant amount of money. The 2 sets of directors have also, as recently as
March – May 2016, established joint business ventures together (setting up Brede
Hotels Ltd/ Nayland Rock Hotel Margate
Ltd).
I’m sure that this is no more than a case of
business mates innocently helping each other out. But as I have stated in earlier postings
there is something important that needs to be publically clarified in order to reassure
everyone that the relationship between Sands Heritage and Arrowgrass is ethically
kosher. That is for Con-nington and Adams to declare whether or not they, or their
relatives, have investments in Arowgrass
or its related companies including
Arrowgrass Master Fund Limited.
If
they do, then many people might argue that Con-nington and Adams through
returns on any investment they might have in Arrowgrass, might make a profit from the failure of their own company, Sands Heritage. Bearing in mind the fact
that Thanet taxpayers have spent, to date, at least £9 million to purchase, restore
and open Dreamland (with more to come)
and that at least the same has been spent on the park via Sea Change, Coastal
Communities and Heritage Lottery grants.
Then taking into account the economic damage caused, particularly to small
businesses, by the Sands Heritage failure to pay £8.34 million bills; I think
that that there would considerable,
widespread and entirely justifiable, anger if it transpires that Nicholas
Con-nington and John Adans, through their relationship with / any investments in,
Arrowgrass, were to profit from the failure of their company, Dreamland operator,
Sands Heritage Ltd.
The Geezas From Arrowgrass - Would You Buy A Used Amusement Park From Them? |
On 20th June I called out
Con-nington and Adams on this blogsite. I said “Nick Connington and John Peter Anthony Adams need to make a
public statement in answer to my simple question – do either of them (or their
relatives or friends) have any financial interests (shares, loans or
investments ) in Arrowgrass Master Fund
Ltd or any of its associated companies?
I am sure that Messers Connington
and Adams have nothing to hide and will be happy provide a truthful answer my question, which
hopefully will be no”. Almost 2 months
later they have made no public response to this important ethical demand. Now
we have fuller picture of what has been happening at Dreamland its more
important than ever before for the people of Thanet to know what is happening.
So once again I call out Con-nington and Adams to make a public statement in
answer to my simple question – do either of them (or their relatives or
friends) have any financial interests (shares, loans or
investments ) in Arrowgrass Master Fund
Ltd or any of its associated companies. Like millions of people I was
sickened and angered by the way in which the collapse of BHS massively enriched
its owners at the expense of its staff and investors. I don’t want Dreamland to
become another BHS and nor do thousands of Thanet residents. So come on Sands
Heritage bosses do the right thing and make that statement.
Well researched Ian. But with Pleasurama and with Dreamland TDC has been outplayed and mugged. TDC better start saving for cliff safety work at Pleasurama now.
ReplyDeleteWell done Ian and stage how Phelps the administrator under Benjamin Wiley went to great lengths (I still have the Gazette article) to say there was no charges on Dreamland? Now apparently there are. As fishy as Bob Bayford and Terry Painter's Pleasurama?
ReplyDeleteNo doubt Sands and Arrowgrass etc will end up with nothing to do with Dreamland as Pleasurama: TDC can simply cancel the 99 year lease.
You cannot just cancel a lease well not without paying massive financial compensation. Dreamland in my view is not viable, It has never made a trading profit up until the creditors meeting. I doubt it has made a profit since then but there is no information in the public domain. Its major attraction has been out of action for all of August the one month Dreamland might have turned in profit
ReplyDeleteIt is probably that Dreamland will be liquidated in the Autumn. The administrators will be looking to maximise the vale of the assets so the Autumn would be a good time to close it down