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Hospitality

Island Poke rescued by Pre-Pack Sale

27 June 2024White Rabbit Fund has acquired full control of Grab and Go brand Island Poke, in the form of a pre-pack administration.White Rabbit has backed the brand since 2016.The pre-pack sale safeguards 104 hospitality jobs and supplier operations, according to reports.Read more via Restaurant Online.28 May 2024Grab-and-go brand, Island Poke is preparing for a company voluntary arrangement (CVA), in efforts to restructure its business.Two partners of Begbies Traynor were appointed to support the restructuring. They submitted a CVA application to the court on Wednesday.Island Poke, the heath food chain, is coming up to almost 10 years of business. Initially it opened as a street food stall but later in 2015 its first brick and mortar site was opened, this being in Soho. Now the group has 17 UK sites to its name, along with 10 French sites, run under a franchise.A spokesperson for the brand explained how the core of the business is profitable, but the debt left from COVID was a key reason for its struggles.‘’The CVA proposal will strengthen the company and allow us to focus on providing fresh, healthy poke to our customers.’’This is not the first food chain to look into the CVA route. It has been used by many, as a way to determine lease obligations, perhaps propose a deal to cut rents, but ultimately improve the company’s cash flow. It typically is used as a turnaround plan, to bring hope for struggling businesses of a rescue.Read more on CVAs including the process here. At Company Rescue we are experts in this mechanism.

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Island Poke rescued by Pre-Pack Sale

Honest Burgers Served a Winding Up Petition By HMRC Before Settlement

According to reports in the Times, the Honest Burger chain of restaurants was served a winding up petition by HMRC over an unpaid tax bill.  The company stated that it had been asking for a bit more time to pay the debt but talks had fallen through.  HMRC often allow companies a bit of extra time to pay taxes and this is usually called a Time to Pay arrangement.Honest Burger spokesperson said that they had been told that they would have at least 6 weeks before any action was taken by HMRC. They were somewhat surprised to find that HMRC filed a petition only a week later.  The issue now facing companies is that when a petition is filed at the court it is instantly available to various credit reference agencies.  This used not to be the case until after a petition was actually advertised which, to be fair, was usually a few weeks after it would have been served.This goes to show that HMRC are beginning to take more aggressive action against companies that they feel can afford to pay.  Honest Burgers had just raised £3m via crowdfund capital raise last month and perhaps HMRC felt that they needed to get paid.The reports did not reveal what the amounts were but a spokesman for Honest Burgers said.“If we could deliver burgers half as quickly as HMRC delivers petitions, our like-for-like sales growth would be even higher than the 20 per cent we are seeing now.”A spokesman for HMRC said: “We take a supportive approach to dealing with customers who have tax debts and only file winding-up petitions once we’ve exhausted all other options, in order to protect taxpayers’ money.”This is all a bit embarrasing for the company that has grown significantly since its start in Brixton in 2011.  The company now employs 700 people across its 40 sites.  The company says it has now paid the outstanding tax and the petition has been withdrawn.Byron Burgers was another chain that has experienced financial problems and entered a CVA to try and cut costs. The chain had gone from 67 to just 9 now.  So perhaps HMRC were wary of Burger chains.HMRC will take into account companies that it feels are at greater risk of insolvency when prioritising the collection of taxes. 

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Honest Burgers Served a Winding Up Petition By HMRC Before Settlement

Insolvency advice for Pubs, Bars, Restaurants and Hotels

in Hospitality

My public house is under pressure  I can't pay HMRC or the business rates. How can I keep my pub open? We know that the licensed trade and those that work within it have lost a lot of money due to the pandemic and are struggling to make it back.  Please see this page for more information on help for business generally.We have a great deal of experience helping businesses in the hospitality trade, and others within the licensed trade rescue their businesses.We also have a page that helps employers deal with employees in this situation.We have brought out our guide in preparation for tough times ahead for those in the hospitality trade.Read our guide: rescue-pub-or-hotelThe guide covers: Is my pub or hotel company insolvent? How can a pub get a time to pay deal with HMRC for PAYE and VAT? What is a Company Voluntary Arrangement and why is it a great rescue tool How to cut costs in your business How to deal with a winding up petition from HMRCAnd more!

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Insolvency advice for Pubs, Bars, Restaurants and Hotels

Caffe Nero CVA Challenge Fails

01 October 2021The High Court has dismissed an application by a landlord creditor to overturn a company voluntary arrangement (CVA) implemented by coffee shop chain Caffé Nero. The CVA, previously approved by its creditors, compromised rent arrears and reduced future rents for the company's premises. The decision follows a series of previous high-profile challenges to retail and leisure CVAs.22 July 2021Young, one of the Caffe Nero's landlords has challenged the CVA in court.Marking the start of a four-day trial, the company said that Young, has no right to bring the challenge due to an arrangement he has with EG Group Ltd. EG is run by Mohsin and Zuber Issa, billionaire brothers who launched a takeover bid for Nero on the eve of the CVA vote.04 January 2021Some landlords, including Lord Sugar, are seeking to challenge Caffe Nero's CVA. The chain had proposed landlords receive 30p for every £1 of rent they are owed, and was seeking to move most stores to a turnover-rent based model. If there are any closures these are expected to be minimal.13 November 2020Last night coffee chain, Caffe Nero put itself into a company voluntary arrangement.Founder, Gerry Ford, explained that this was due to the second lockdown which has caused the chain to suffer, from limits to socialising, less shoppers in town centres and workers being told to work from home.KPMG are working with the company on this insolvency procedure. The CVA needs to be backed by landlords and creditors to be successful.The hope is that from doing this, rent negotiations can be made with landlords, so costs can be reduced and the company can be in a better position to rebuild itself post-pandemic.The chain employs more than 6,000 people across its 800 UK stores. Any job losses or store closures are unknown as of yet.6 November 2020A group of Lenders to Caffe Nero have been reported to of drafted in FTI Consulting.The financial advisers have been brought in by Alcentra and Partners Group, in preparation for the launch of a restructuring deal, involving a CVA, which could result in permanent store closures and job losses.23 October 2020Caffe Nero becomes the latest big name to look into a company voluntary arrangement.The insolvency mechanism is being considered since the coffee shop operator has been hit from coronavirus, alike many other high street hospitality businesses. It needs to restructure its financial liabilities, reduce its rent bill and exit loss making outlets.Details concerning the amount of shop closures or job losses are so far unclear.KPMG are working with Caffe Nero on its options.As it stands current, it operates from 660 UK stores, of which more than 90% have opened since the UK-wide lockdown ended in June and employs 5,000 staff.

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Caffe Nero CVA Challenge Fails

Caffe Nero appoint KPMG to assess options

2.12.2020Gerry Ford,  the controlling stakeholder of Nero Holdings, pledges a £5m survival fund for Caffè Nero.Creditors of the coffee chain voted earlier this week and approved a CVA after the board refused to adjourn the vote following late emergence of a takeover bid.As part of the CVA, on the condition it was approved, shareholders committed to provide a £5m standby fund for the business, in case additional liquidity was needed. This is to be particaulary helpful in ensuring the survival of the business and protecting creditors until more normal trading conditions can return and when the agreed turnover-based rent structure can occur.30.11.2020Mohsin and Zuber Issa, the billionaire brothers behind the British petrol retailing powerhouse EG Group, have launched a takeover bid for Caffe Nero, just hours before the chain seeks approval from landlords to cut its rent bill.A CVA is to be voted on this afternoon. However, it is unclear if Caffe Nero has responded to the EG offer yet and so what the offer terms are - could the bid force the coffee chain to postpone the vote?Update 13.11.2020Last night coffee chain, Caffe Nero put itself into a company voluntary arrangement.Founder, Gerry Ford, explained that this was due to the second lockdown which has caused the chain to suffer, from limits to socialising, less shoppers in town centres and workers being told to work from home.KPMG are working with the company on this insolvency procedure. The CVA needs to be backed by landlords and creditors to be successful.------------------------------------------------------------------------It is understood that high street coffee chain, Caffe Nero, is the latest to look into rent cuts from its landlords in order to allow itself to recover from COVID-19 which has caused devastation to the hospitality sector.KPMG has been appointed to help the chain assess its options which include mechanisms to cut rents and close stores. Could a CVA, known to help struggling businesses cut rents and close stores, be likely?Caffe Nero has 660 UK stores, with almost all of its outlets, minus 30, reopening since the coronavirus lockdown ended in June.Before Coronavirus hit, 135 million customers were served annually and the chain had around 5000 employees. As with others in the hospitality sector, the unprecedented virus and lockdown has had a massive impact.A source close to the company has said that exectuvies have been engaging in ‘’constructive dialogue’’ with landlords but needed talks to intensify as the company seeks to address its fixed cost base.Sky News report more.

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Caffe Nero appoint KPMG to assess options

Options for an Insolvent Pub

in Hospitality Insolvency process

See below some advice given on our online chat regarding an insolvent pub Read our new hospitality rescue website for up to date adviceI hope I was able to give you some options today. We discussed the fact that the company has two pubs in [town], one we will call “large pub” the other “small pub”. Both are tenanted pubs with Company 2.The large pub tenancy ends in May, you need to provide 6 months notice and have yet to do so. The small pub is reasonably profitable and you wish to retain this if possible. The company is insolvent and has tax liabilities it cannot meet. You are not taking salary and are struggling to survive financially as a result.We discussed Option A; close the large pub, make employees redundant and hand the keys back to Company 2, this will cause Company 2 to look at the issues and it may decided to end the lease/tenancy of the small pub as a result. Or it may not. This action would straight away cut costs.Option B is to place the company into creditors voluntary liquidation. This would end both leases/tenancy agreements when the liquidator is appointed by creditors. But it also writes off the debts.Then you would seek to retain the small pub under a new agreement as a sole trader. Do NOT trade as a partnership in case this fails in future, this could lead to BOTH of you being made bankrupt as partners. So liquidation would bring all the debts and the business to an end.The employees would get paid redundancy by the RPO – redundancy payments office which is a government safety net. 

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Options for an Insolvent Pub

Prezzo’s CVA strategy appears to be working

I recently read an article in The Caterer , indicating that Prezzo is doing the right thing regarding its CVA being approved by its creditors - Their losses have been halved.It left me thinking, what should directors do once a CVA has been approved?  Well, quite frankly, they should follow Prezzo's example.  Yes, Prezzo is a big chain of restaurants but, what the directors are doing, in reality, any director can do in some form or another.  So, what is it that is being done?  In my view there are 3 fundamental things:Change Change ChangeOk, that is a bit flippant but lets look at it more closely.After the CVA was agreed Prezzo changed the management team by appointing Executive Chairwoman, Karen Jones. In small businesses it may not be that easy to change in this way, but management really should consider changing their structure.  Perhaps responsiblities could change, maybe someone should be let go or even promoted? Change the strategy or focus on fundamentals. Karen Jones said the company was now focused on ensuring customers left wanting to return after a period where a “strategy of new openings and new concepts distracted from its mission of hospitality”.  In hindsight that seems so obvious, a returning customer is worth so much more as you do not have to spend loads of money to get them back. Change your financial controls. The company's directors will need advance notice of any problems and the rigour of the process means that they must have good management information.  Poor financial records is the principal reason that companies become insolvent.Investing in the future is the next big thing.  Finding new money to carry out change can be a challenge.  Debt for equity swaps can work in larger businesses where the lenders see an opportunity down the road. Debt relief can increase working capital by improving cashflow.  In smaller businesses, creditors like to see that directors and stakeholders are putting money in.  So, maybe sell some assets or try to raise other sources of finance.  Lenders will lend to companies in a CVA as long as they are happy that the changes mentioned above are happening and any forecast is realistic.If you want to know how we can help businesses then give us a call on  0800 970539

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Prezzo’s CVA strategy appears to be working

Byron Burgers to Seek CVA As Chain Struggles

The Byron Burger chain of upmarket burger restaurants has announced that it will be looking for the support of its creditors by way of a company voluntary arrangement (CVA).  Byron Burgers employs 1800 staff in 70 outlets.  The company is asking for a 55% rent reduction on 20 of its restaurants and to open a dialogue with the landlords regarding continuing trading.This is the latest in a line of businesses such as Toys R US that have been struggling recently and have looked at using the CVA mechanism.    The CVA will allow the company to vacate some of its properties and close its branches which, according to the company, have not performed to expectations.In order for the rent reductions to be binding on the other landlords, they will need the support of 75% by value.  These landlord CVAs are becoming more popular as retailers struggle with high premises costs.Rumours about the business' financial situation have been circulating since September last year when we reported that Byron confirmed it would be closing four of its outlets.Simon Cope, Byron chief executive, said: "Byron's core restaurant business and brand remain strong but the market that we operate in has changed profoundly."In order to continue serving our loyal customer base, we need to make some critical and difficult changes to the size and shape of our estate."CVAs are not popular with landlords as some see it as a way of businesses just dumping unprofitable stores.  However, in order to do a CVA, the company has to be insolvent on one of the 3 tests.  In this case, the business can argue that it is balance sheet insolvent as the ongoing costs and liabilities of the unprofitable stores will make the whole business insolvent.If you are a retailer or hospitality business then a CVA can be a very powerful mechanism to save your business.  See our page on retailer rescue or give us a call on 01289 309431

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Byron Burgers to Seek CVA As Chain Struggles