The hangover always comes later, although Eliot Hess didn’t see it coming at all in this case. The former owner of nightclub Club Senza thought he had made good agreements with the municipality of Emmen about the closure of the Emmer catering business. But he comes home from a rude awakening. “I feel cheated.”
Last year, Hess announced that he would definitely draw a line through his Club Senza nightclub on the Wilhelminastraat in Emmen. He didn’t have much choice either. An upstairs neighbor complained about noise nuisance from the club. The municipality intervened and imposed a penalty on Senza if the music exceeded a certain level. At which the volume was set to such a low level that even the dancers could no longer hear anything, says Hess.
In addition, the municipality prefers to see (night) catering in other places in Emmen, such as the catering square in the center and the Raadhuisplein. The property owner of the nightclub and landlord of Hess (Van Nie Beheer) has now developed plans for homes at this location. The corona wave that washed over the Netherlands did not make things any easier.
“All in all, there was enough reason. I no longer had any turnover.” Hess considered other options, such as selling Senza. “But the municipality no longer wants to cooperate with a permit at that location.” Hess doesn’t like moving either, finding an affordable property in the center or along Raadhuisplein is expensive. And he can’t open during the week, he says. The club is really a weekend business, that’s where the income is.
At the same time, he still has a five-year lease and a debt burden caused by corona. In total, that was an amount of 125,000 euros at the time. “I saw myself heading for bankruptcy and you would rather not have that in your name.”
In the discussions with the municipality, Hess’ struggle is discussed. According to the entrepreneur, the municipality is sympathetic to his situation. “They wanted to help to ensure that I got off without too many unscathed. For example, the lease still had to be bought off and there was still a corona debt outstanding. Including taxes to be paid. But if I left, Van could Don’t get started with the renovation into homes.”
Van Nie and Hess will meet in the summer of 2021 to discuss the possibilities. It was important to determine the value of Senza. A valuation report is drawn up twice. In the first case, the value of his case is determined at 75,000 euros. Hess: “But I thought that was really too low, so after consultation with the municipality I had a second report drawn up.” Resulting in a higher amount: 180,000 euros.
Hess handed in the report and then it kind of fell silent. “Until the official in question informed me that the report had been swept aside. Last year I had already announced in the press that I had stopped taking Senza. So there was nothing left to negotiate.”
Hess addresses the municipality several times by e-mail and telephone about the agreed deal, but in his eyes an adequate substantive response is not forthcoming. Until December 2022.
The municipality sends Hess a letter in which they indicate that they cannot help Hess. He could claim a relocation allowance, but his company has not moved. Hess was also not entitled to corona pots for the redemption of corona loans. Finally, the municipality’s response describes the rent debt as a private law issue between the club owner and Van Nie. The municipality is not a party to this. And he has to deal with that.
Hess feels completely screwed up. “No, I don’t have anything in writing. I also know that legally I don’t have a leg to stand on. But morally I don’t think it’s right. The municipality has made me commitments about buying out. Why else would I get an appraisal report? I just feel like a sausage has been put in front of me.”
Since then, Hess has tried to sit down with the municipality again. But so far it has not succeeded. “I have stopped and apparently that is the end of it.” Hess can’t believe that the municipality is in such a position. “They did offer me to pay the bill for the appraisal report. I told them to have a party with that money.”