Town Weighs July 6 Incident At The Port

HARWICH – The town is weighing whether any liquor license regulations were violated on July 6 when members of the police department sought assistance to deal with a large crowd milling around in front of the Port Restaurant and Bar shortly after closing.

 Town Administrator Joseph Powers, acting as hearing officer for the select board, conducted a two-hour show cause hearing on Sept.5 based on the police report submitted by Lt. Aram Goshgarian.

 In his report Gorshgarian wrote that he did not see security outside as is required under the liquor license, so he went to the door of the restaurant, which was locked. Through the window of the door he saw a male wearing a Port polo shirt. Goshgarian asked the person to open the door because he needed staff security help with the crowd on the sidewalk outside the restaurant, but the staff member refused. Goshgarian explained the need for assistance managing the crowd, but again the staff member refused. The staff member identified, as Hunter Brackett, asked Goshgarian if the officer “had a problem with him” and said the sidewalk was “public property” and “that’s what the 20 cops out front are for.” 

Goshgarian wrote that it was just Detective Robert Brackett and himself outside trying to control the crowd.

 At issue in the show cause hearing were possible violations of three provisions of the town’s liquor regulations: one relating to licensees ensuring their patrons leave the premises in an orderly manner and that if needed security be hired to ensure order; a second provision allows the select board or duly authorized agents — including police — “immediate entrance” to a premises, and any hindrance or delay of inspection caused by an employee shall be cause for action against the licensee; and finally, the license requires cooperation with town agents, including police officers, in their investigation or inspection of a licensed premises.

From the onset of the hearing, the attorneys representing the Port, Conrad Bletzer and Dina B. Browne of Bletzer and Bletzer, apologized for the actions by Hunter Brackett, the bartender at the door when Goshgarian sought entrance. It was “disrespectful and it would not happen again,” Bletzer said. 

But the Port’s attorneys said the manager, Patrick Connelly, responded to Goshgarian, opening the door and apologizing to the officer. Several members of the restaurant’s security staff joined the officers in resolving safety concerns as the crowd was leaving the and congregating a few feet onto Route 28 while Uber transports were pulling up to the curb and picking up clients.  

According to the police, the person that denied Goshgarin entry into the restaurant came outside and had a conversation with security staff and everyone went back inside. The crowd was significantly smaller by that time, but there were zero Port employees outside.

In defense of the Port’s action, Bletzer said the staff is told to lock the door when patrons leave so that people do not wander back into the restaurant. That’s normal procedure, he said,

Browne said employees have been told to get the manager if there is a problem and that is what Brackett did. She said video showed Connelly was at the door in 30 seconds, and 30 seconds after that the security staff was outside, she said.

When Connelly testified, Powers took the time to thank the manager for doing the right thing when responding to the officer. Powers took issue with the absence of Hunter Brackett from the hearing. Justin Brackett said Hunter was in college.

Connelly said he did not recall whether there was security on the sidewalk before Goshgarian made the request. Security monitors the doors at closing to make sure no one leaves taking a drink and they tell people to stay out of the road when departing, he said.

Both Connelly and Browne emphasized the crowd that gathered outside the restaurant was not all Port patrons, but also included people coming from Perk’s next door, Three Monkeys, Mad Minnow and The Hot Stove to get to the parking lot off Sea Street. Connelly also said all patrons leave by the front door facing Route 28 because the police department does not want people exiting by the back door onto Sea Street to reduce neighborhood disturbances.    

“Our security has no problem telling people to keep moving,” said Connelly.

Powers said the select board has the ultimate authority in this matter and he is charged with making recommendations to the board. 

He said he didn’t see any violations relating to leaving in an orderly manner, and he had praised the manager for his cooperation with police, but the town’s legal counsel, Jeffrey Blake, took issue with whether Hunter Brackett had cooperated with the police.

Bletzer said Goshgarian testified that delay was “a short period of time,” asserting it was less than 30 seconds. Brackett was uncomfortable and did not know how to handle a response to the officer, he said.

“If it weren’t for the interaction from Hunter we wouldn’t be here today,” Bletzer said.

The attorneys asked Powers to recommend to the select board that there were no violations.

Given the use of the terms “hindrance and delay,” Powers wanted to know the definition of delay and whether there is case law relative to the term.

“Only the select board can render decisions of this nature,” said Powers.

Should Powers find violations occurred, the select board will conduct a public hearing.