Since the SUN does not bother to cover the License Commission meetings, and I was there anyway…I thought I would write a little report of my own. Not to mention I have the luxury of never being confused with a journalist, so I don’t have to refrain from adding my own “two-cents”.
You can find the entire agenda at the city web site:
Agenda August 7, 2008
http://www.lowellma.gov/depts/license/agenda.2008-08-07.3953521462
Sometimes it is better to start at the end and work backwards…in the end I learned a few things:
1. I was really impressed with how thorough the discussion of evidence was between the commissioners and those charged with violations. Stephen Greene, VP, LDNA usually attends these meetings…I may go more often; I was impressed!
2. I did not know that a police officers testimony is “hear-say”… I always thought if something was documented in a police report that would pretty much be “solid” evidence. Turns out I was wrong (there are criminals out there somewhere thankful I was never one of their jurors). The commissioners gave all testimony a full hearing. I did find it interesting that all three commissioners seemed to interpret the same information differently. I think this a positive thing…there wouldn’t be much of a “fair-hearing” if everyone thought the same way. No kidding, I really learned something.
3. Should you ever be in trouble and find yourself in need of an attorney… call George Eliades.
I will not bore you with the details of every item; just a few things of particularl interest to me.
Commissioner Akashian – on the matter of the festivals listed in agenda item one and two mentioned last year he could hear the music from the festival all the way at his house five streets away “as if it was in his own yard”. He asked if that could be monitored better this year. The applicant presented a plan to monitor the sound “and” have it signed off by police at intervals throughout the event. This was cool… there was a question; there was a prepared response and resolution to the situation that will accommodate both sides. The applicant was granted the license. What if this kind of thing happened all the time? YIKES!
sidenote: I was considering calling commissioner Akashian at about 12:30 Thursday night when I was sitting at Caffe’ Paradiso with friends and we were listening to the music from the Under Impact Café “as if we were inside the place”!!! If I knew where it was located, I would have “pulled the plug” on this place. I hope the neighbors called the police. I have received emails from the neighbors; they have been calling the police to report the gross violation of the city noise ordinance. The neighbors, and most everyone else, longs for the days of the old Underground Café…it was a great place and a good neighbor.
Oh, before I forget…I am going to have t-shirts made that say, “CALL A COP”! I am going to give them to the staff at all the bars so they will be reminded to call the police dept. when they have a problem (I may have mentioned this before; LDNA members learned this lesson the hard way). I was positively giddy when Mr. Bayliss reminded the proprietors, when there is a problem, any problem; you are required to call police.
I do not know why the logic of this simple statement eludes so many bar owners. When you “throw them (trouble-makers) out” onto the street to save yourself from trouble and don’t’ call the police to alert them; what you are doing in reality is sending your trouble out to become someone else’s trouble… endless…and kind of cruel to your fellow bar owners who have to deal with your mess.
In the end, the commissioners’ decision for what they determined to be proven violations against the Under Impact was:
Take away the license for six days. However, that was suspended in lieu of six months probation. If the club has another proven violation during the next six months, they will have to close for six days, all of which must be Fridays and Saturdays.
I was personally satisfied with the decision…I really think the owners will start to call the police when they see a situation starting. I know for sure their upstairs nieghbors are going to be calling the police more often.
A hearing on the allegations against the owner of the Dubliner was scheduled for September 4th at 3PM.
I will leave it at that… for your consideration and comment.
