Marshall, just two weeks after being granted a nightclub licence allowing it to remain open until 3 a.m.

A chalk board sign outside the door last night said ShowBizz was closed and gave no indication of future plans.

Deputy Provost Marshall Mr. Sheldon Fox on Tuesday afternoon placed new locks on the building to secure the assets inside for auction later this month.

This follows an August 17 Supreme Court judgement against the owner, Mr. David "Tinny'' McCann, over back rent.

Landlords Mr. Walter Brangman and Mrs. E.M. Lovette Brangman, trading as Real Vest Ltd., were awarded $19,140 in a default judgement.

The Brangmans have refused comment but their lawyer, Mr. Delroy Duncan, said yesterday that the restaurant today owes some $40,000 in back rent.

Mr. Duncan said, "It is a lot of money.'' Mr. McCann has operated the business at King Street location since December 3, 1992 and remains confident that the business will survive.

He said he was in the middle of negotiations to sell the business and he was hopeful that matters relating to the transfer of the lease could be resolved.

"We were going to pay the writs off, but then we would have no bargaining power with the lease. We decided to hold back on paying them off and sit down with the Brangmans, their lawyers, our lawyers and the potential buyer and get it resolved,'' Mr. McCann said.

"We've been trying to get the lease sorted out and we think that we have now.

I know that the Brangmans were having a family meeting, today,'' Mr. McCann said yesterday afternoon.

"If the sale does not go through, we will re-open in a couple of days.'' He also said there had been "a misunderstanding'' but he was hopeful that it could be worked out.

"We just got the 3 a.m. licence and were putting some stuff together for the new nightclub. I've been buying supplies for the new club. The idea was that we would close down for a couple of days, do the electrical work, put in all the lights and all that, and then re-open again with a big splash.'' Mr. McCann was satisfied that there was a mutually accommodating solution at hand. But if there is not, an auction of the contents of the business has been scheduled for October 19.

Mr. McCann was the owner of the popular White Heron at Riddells Bay, Southampton, demolished some years ago on the site where luxury condominiums stand today.

There is another default judgement that has been handed down against Mr.

McCann in favour of Mr. Donald Hassell, formerly of Flanagan's restaurant, and currently of The Country Squire.

A writ was filed on April 22 by Mr. Hassell's lawyers, Hall and Associates, resulting in a judgement on June 6 for $16,786.65, plus costs of $537.50.

Neither Mr. McCann nor Mr. Hassell would discuss the matter.