
70 July-August
we are unable to determine whether
adequate accounting records have been
kept”.
Since 2020, TBCT has been actively
engaging with the Board and Executive of
SAT with a view to an orderly wind up of the
Company on the basis that TBCT in
partnership with DCC would turn the
building into Dublin Municipal Theatre
(DMT).
In September 2023 it was proposed that
SAT would begin the final stages of its
wind-up with a target that DMT would take
over control of the building and its
operation on 1 January 2024. Dublin City
Council’s Arts Oce would provide financial
support of €250,000 in the Annual
Revenue Budget to DMT and a Service Level
Agreement (SLA) would be put in place.
The SAT board was chaired until January
by former PTSB banker-turned-financial
consultant Brendan Lynott and includes
ex-Diageo accountant Gerard Dempsey,
Goodbody solicitor Danielle Fleming, actor
Mark Lambert and former PD TD Fiona
O’Malley.
Patrick Sutton, former voice coach to
Taoiseach Bertie Ahern, founded and
fronted Smock Alley for decades. He also
led the Gaiety School of Acting for 30 years
until March.
It is now run by UK theatre director
William Wollen and chaired by Element
Pictures group head of business aairs,
Mark Byrne.
The auditors state that, at the end of
2021, fully €208,000 was owed by SAT to
Singman Ltd, the parent company of the
always profitable Gaiety School.
The owner of the acting school has been
surprisingly forbearant.
The private sector is one thing, but the
State, acting through TBCT, has been
unwisely spendthrift and reckless with its
indulgence of the badly run theatre.
According to a Progress Report to TBCT, on
26 March 2024, €10k was advanced to
Smock Alley and on 2 April a further c.€38k
was committed to pay down Revenue arrears,
with payment provided in multiple tranches.
Further funding to address cashflow
diculties may be provided where acute
need is demonstrated to avoid closure.
According to the Progress Report to TBCT,
Smock Alley’s records of its rent arrears do
not match TBCT’s records. Smock Alley’s
statutory auditor is working with Smock
Alley to establish the correct data for Smock
Alley’s 2022 and 2023 financial statements.
TBCT’s records indicate rent and recharge
arrears of €359k including VAT. €53k of this
is reported to relate to the period from 2022
to now.
It is scandalous that this was allowed to
accumulate, by a State body, at taxpayer’s
expense.
According to the Progress Report, any
write-off of rent arrears by TBCT will
precipitate a VAT liability for Smock Alley.
A preliminary estimate for this is c.€30k.
In addition to a lien on the building by the
Department of Arts, Smock Alley continues
to carry loans repayable to the Gaiety
School and AIB. Previously, agreement was
reached between Smock Alley and its
creditors to extinguish these loans, under
certain conditions:
A the Gaiety School would write o the
loan on the condition that it first secured a
licence to continue to use certain spaces in
the building.
B The guarantor of AIB’s loan agreed to
clear the balance in the event of wind-up,
on the condition that Smock Alley continued
to make the repayments until that date.
Subject to satisfactory audit outcomes,
it is proposed to issue a SLA laying out the
future modus operandi between DMT and
Smock Alley. This SLA is intended to
facilitate an interim arrangement whereby
Smock Alley provides facilities and
programme management services in the
building on behalf of DMT.
Internal documents seen by Village sum
up the arrangement as follows:
Summary of activities
•
Transition Manager appointed by TBCT to
manage day to day relationship and
engagement with SAT
•
Forensic Auditor appointed by TBCT to
review Financial Statements and
accounts of SAT – Work ongoing and will
be fully complete in approx. 6 weeks
•
Carr Communications engaged to work
on communications as and when required
• Draft Funding agreement for emergency
stabilisation completed
• TBCT Law agent PF O’Reilly are engaging
with all parties to update the settlement
agreement and put in place the various
new funding agreements, SLAs etc
Decisions required of the board
1.
Approve Funding agreement [draft is
attached]
2.
Approval to release €38,750 immediately
in emergency funding to SAT to cover the
VAT/PAYE owing to Revenue. This is
required in order for them to maintain
their Tax Clearance
3.
Approval for CEO to release funding of
€4,650/week to cover ongoing
operational costs - €20k released to date
as per approval given to my email the
board on 22nd March
4.
Approval to release funds to clear their
historical costs as per the previous
report (summary below) as I get
confirmation from the auditor that
nothing of note has been discovered.
5.
Appoint temporary General Manager
(GM) to Dublin Metropolitan Theatre
(DMT) to manage the SLA between DMT
and SAT until the transition is complete.
I will liaise with the Arts oce on this.
6.
Begin a recruitment process to appoint a
permanent GM/CEO of DMT
7. Approval to put an SLA in place between
DMT and SAT to carry out activities on our
behalf during the Transition period.
It is the Total Liabilities that are of
concern. It is notable that historical
liabilities are outrageously calculated at
€54,766 including VAT when TBCT estimates
rent arrears alone are an extraordinary
€359,000. This is sleight of hand by a State
authority. It might have been easier just to
be a more demanding landlord and guardian
of public funds, in the public interest.
SAT Current Liabilities Value Notes
Aged Liabilities €54,766.00 Might reduce as trading improves
Historical VAT €28,094.00 After audit completed
PAYE/PRSI Q1 24 €17,750.00 Immediate payment
VAT Nov ‘23-Feb ‘24 €21,000.00 Immediate payment
Overdraft €29,179.00 Might reduce as trading improves
Day to day funding
(until end April)
€23,300.00 Approx €4,650/week until SLA in
place
Total Liabilities €174,089.00 Actual Cost to TBCT
A hefty €3.8m in
grants was secured
from the Department
of Culture towards the
redevelopment of the site,
but little funding followed