NH denies Bike Week large beer tents

Union Leader ^ | Junne 7 2002 | PAULA TRACY

[2Trievers]

05-01-02
Laconia police chief worries
about biker gang clashes

CONCORD — Permits to operate large beer tents during Laconia’s Motorcycle Week were denied by the state Liquor Commission yesterday, prompting business owners to head to court today to seek an emergency reversal.

“This is far from over,” said Jay Allen, owner of the Broken Spoke Saloon. He claims public safety officials are afraid of the event that draws 350,000 and are resorting to this and other “extreme” measures to prevent possible motorcycle gang violence.

The three-member Liquor Commission voted unanimously to deny the permits for the Broken Spoke, The Weirs Beach Lobster Pound, JT’s Bar-B-Q, the Weirs Beach Drive-In and Donna Jean’s Diner, which would have provided tent service for more than 8,000 patrons.

The one-week event starts tomorrow.

Another permit application for a beer tent at Funspot was withdrawn.

The state’s senior law enforcement and safety officials wrote the commission May 30 to urge that it deny the permits on the basis of public safety.

Attorney General Philip T. McLaughlin, who was joined in the letter by Commissioner of Safety Richard Flynn, said in recent years, the event has seen a growth of large-scale tented facilities “vastly increasing the available supply of alcohol in that region, and increasing the prominence and visibility of alcohol-related activities. This will lead to an increased consumption of alcoholic beverages, with all of the attendant potential problems that flow from such consumption — violence, disturbances, traffic accidents, etc.,” the attorney general wrote.

Attorney Roy Tilsley, representing three of the licensees, called McLaughlin’s letter “improper” and charged it constituted a conflict of interest, because the Attorney General’s Office represents the Liquor Commission.

On May 29, prior to drafting the letter, McLaughlin said his office hired outside counsel, Douglas L. Patch of Orr and Reno, to represent the Liquor Commission in this matter.

Irrespective of that, “It is exceedingly difficult for this board to remain impartial when its own attorney is telling it what decision to reach on this matter,” Tilsley said.

He also disputed whether the commission had the right to deny the permits at all and noted that each of the businesses had permits issued last year. Tilsley also cited issues of timing and a severe economic hardship.

“For the attorney general to now come out at the last minute after all of the preparations have been made, A, violates due process and, B, creates a severe economic hardship for all of my clients who have been planning for this event for months.”

Yesterday afternoon, McLaughlin said his office appears all the time before various state boards and takes positions “every single day. The timing from my perspective was more of a function of when I became aware of the applications,” which he noted was only about two weeks ago when he met with Gov. Jeanne Shaheen and others to discuss concerns about increasing biker gang violence across the country and its implications on the Laconia event.

In casting his vote, commissioner Anthony C. Maiola cited reasons of “public safety” in making the decision. Also joining him in the votes were John W. Byrne, chairman, and Commissioner Patricia T. Russell.

Tilsley, calling the decision “unlawful and unconscionable,” said he would be filing for an emergency hearing this morning in Merrimack County Superior Court.

Court officials said there had been discussions yesterday but nothing had been filed by the end of business today. It is possible, they said, that an emergency hearing could be held today.

Laconia’s City Council supported the continued presence of the beer tents at the event, and said they provide their own security, sanitary facilities and entertainment that benefits the visiting public.

While he took no position on most of the beer tent applications, after previously supporting them, Aidan Moore, chief of law enforcement for the Liquor Commission, recommended the denial of six one-day non-profit licenses to operate a beer tent at the Weirs Beach Drive-In for Educate America Inc.

Moore said his investigation showed Educate America has no assets, has not had one meeting and appears to be closely aligned with the owners of the drive-in, who have a demand for rent of $10,000 after the event, not up front.

The owner of the drive-in, Lawrence Baldi, was not in attendance at the commission meeting and could not be reached for comment.

That application is not among those being appealed by attorney Tilsley. Those being appealed are for the Weirs Beach Lobster Pound, the Broken Spoke Saloon and JT’s Bar-B-Q.