Northampton city hall 220 X 110

Northampton City Hall

(Republican file photo)

NORTHAMPTON – The License Commission suspended the liquor license of Tully O'Reilly's and The Elevens for five days, effective immediately, after finding the bar in violation for a June 16 incident that resulted in seven arrests.

In a hearing that was continued from July 24, the commission also adopted the recommendation of Police Chief Russell P. Sienkiewicz to restrict entertainment at the establishment to live music and prohibit the use of disk jockeys. However, the commissioners rejected the chief's request to roll back closing hour at the bar from 2 a.m. to 1 a.m.

Sienkiewicz had requested the hearing after a series of incident in and outside the bar, most recently one on June 16 that resulted in seven arrests. Officers testified at the July 24 hearing that all police on duty that night were forced to respond to the scene, leaving the rest of Northampton unattended. Because Easthampton police were summoned for mutual aid, that community was left uncovered as well, they said.

The July hearing was continued without a ruling in part because Diane Fernald, the lawyer who represents the bar, asked to see the police reports from all the previous incidents. In her summary Wednesday, Fernald disputed the claim that Easthampton was left unattended and told the commission that the staff at Tully O’Reilly’s could not predict the fights that broke out on the street and in a nearby parking lot on June 16.

Sienkiewicz insisted that Tully O’Reilly’s has been a chronic problem for local police, noting that there have been 181 calls to that address in the last two year, resulting in 52 arrests. No other bar in the city had half those numbers, he said.

Sienkiewicz also noted that since the previous hearing the calls about trouble near the bar have decreased dramatically.

“It shows that they can take steps to reduce the number of disturbances,” he said.

Citing the number of complaints stemming from the bar, License Commissioner William Rosen said he is worried about the safety of the staff there.

“There are enough violations to show there’s something more happening here than in any other place in town,” he said. "This place creates problems.”

Commissioner Stephanie Levin proposed suspending the suspension for a year, but ultimately agreed with the other commissioners to put it in effect immediately. Although they adopted Sienkiewicz’ proposal for a seven-day suspension, the commission suspended two of the suspension days.

In 2005, Northampton began allowing bars to remain open until 2 a.m., an hour after the previous closing time. Establishments must apply to the License Commission for this right, however, and some continue to close at 1 a.m. Fernald told the commission she does not believe the law allows them to change the closing time without notice, a contention that Rosen rejected. However, the commission did not adopt this part of Sienkiewicz's recommendation.