How the case has ended in court

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Troubled nightclub Boleyns was ordered to shut down by the council after a holidaymaker from St Albans 
complained that he couldn’t sleep, a court heard.

It was the latest revelation to emerge in the ongoing court case to decide the St Thomas Street venue’s fate, after the 
authority stripped it of its licence at a behind-closed-doors meeting.

And a lawyer representing the closed nightspot has claimed the authority’s case against Boleyns is “rotten to the core” and based on a fraud – a claim the council vehemently denies.

Legal teams for both sides butted heads at the latest Scarborough Magistrates’ Court hearing on Thursday, as they prepared their cases for a four-day September trial.

And the decision over whether it was right to call last orders on the nightclub will rest heavily on a complaint made by an Ian Mclaughlin.

Previously, Boleyns’ representatives had claimed that Mr McLaughlin was nothing more than a “hoax”, conjured up by Scarborough Council to base a case to close the nightspot, which for years had been blighted by violent troublemakers.

They had also claimed a private investigator hired to track him down had failed to do so.

But the court heard how Mr McLaughlin was a visitor from St Albans who was staying in a holiday let when he had his face-to-face spat with club bosses about noise one Sunday night.

Denying he was made up, Scarborough Council’s solicitors told the court that emails had been exchanged over his grievance, but Boleyns’ representative claimed that if he exists, Mr Mclaughlin had effectively “gone back to the playground” in his approach to the complaint – making his complaint then seemingly going into hiding.

The council says that Boleyns’ accusations about Mr Mclaughlin’s existence “are simply wrong”, and that the claim, which makes up half of the club’s argument, is effectively “doomed”.

However, Boleyn’s also claimed at the morning hearing that emails showed that the council’s licensing manager Una Faithful had raised alarms over the lack of checks made regarding Mr Mclaughlin’s complaint.

And Boleyns’ legal team told the council it had an “ongoing duty” to re-explore the complaint, ahead of what could be a costly trial for the losing party.

Scarborough Council revoked the club’s licence days before last Christmas, and Judge Adrian Lower has requested minutes from that meeting.

The club is currently shut, but in the midst of a renovation.

The two sides will next appear in court on July 22, ahead of the trial, which is due to start on September 8.