Worcester Bar Operates Without Proper License
Thursday, March 22, 2012
Arguably the city’s oldest Irish pub, Moynihan’s, located at 897 Main St., booked a live band to perform for customers about a week and half ago. An anonymous complaint was filed with the fire department and inspectors descended upon the bar last Friday.
“Inspectors found them to be acting as a nightclub,” said Worcester District Fire Chief Edward Thomas. “They have no certificate of inspection as a nightclub. I immediately called Moynihan’s and told [the owner] if he continued to act [as a nightclub], he’d be in violation and subject to fines and tickets.”
As it stands, only a verbal warning was issued.
No sprinklers
Thomas was particularly concerned over reports that lights inside the bar went off when the band was playing, indicating a potential electrical problem. He said he notified the city’s electrical inspection division and expected a separate inspection would be held.
City Electrical Inspector Norman Bassett could not immediately be reached to determine when that inspection would take place.
“When I heard the lights went out,” Thomas said, “that’s pretty disturbing.”
Making matters potentially worse: The bar is not outfitted with a sprinkler system, which it does not need if it only serves beer and food – and because it is less than 7,500 square feet in size. However, state regulations enacted in the wake of the 2003 fire at The Station nightclub in West Warwick, R.I., which killed 100 people, tightened the reins on entertainment venues such as Moynihan’s by more strictly defining what is considered a nightclub, and requiring special licensing.
“After the nightclub fire in Rhode Island, a lot of things come into play now,” Thomas said
State Board of Building Regulations and Standards define a nightclub “by a combination of any of the following: no theatrical stage accessories other than raised platform; low lighting levels; entertainment by a live band or recorded music generating above-normal sound levels; later-than average operating hours; tables and seating arranged or positioned so as to create ill defined aisles; a specific area designated for dancing; service facilities for alcoholic beverages with limited food service; and high occupant load density.”
Thomas said the complaints about Moynihan’s involved low lighting, live music and louder than normal music. Additionally, the complaint alleged people were dancing where, apparently, a pool table had been removed.
Also, Thomas said, “Although they do serve food, primarily they were serving alcohol.”
How many customers pack Moynihan’s is especially important. The bar has an occupancy load of 160. As an entertainment venue, occupancy over 100 necessitates a sprinkler system. If Moynihan’s wanted to be a nightclub, Thomas said, it could be accomplished by reducing the occupancy load to less than 100.
‘Conflicting stories’
Moynihan’s does have an entertainment license that allows for live bands, DJs and stereo equipment, according to the city’s licensing division.
The issue wasn’t whether the bar had a license, Thomas said. It had to do with other codes that have been put in place and require separate licensing.
John Rose, who said his wife owns the pub, told GoLocalWorcester there are “conflicting stories” as to what actually happened the night the band played.
Part of the complaint was inaccurate,” he said, noting he was at the club the night the band played and inspectors were not. “They said things happened that did not happen.”
Rose did not want to go into specifics, although he denied reports that the bar’s lights went out when the band played. He pointed out the complaint was anonymous and said the city has always issued the business an entertainment license.
“We’re looking into this on our end as to what we can do and what we can’t do,” Rose said. “I’ve always got a license [from the city]. I never got a letter saying you have to change this, this and this.
“Based on [The Station fire], certain laws were enacted that may have changed [the requirements for a permit]. If a law changed that I was not aware of, how is there a violation? I found out when they came in [Friday] and told us we can’t do this.”
Building Commissioner John Kelly said he was not aware of any past issues with Moynihan’s.
“These places have occupancy for a bar or restaurant, then over time they change,” he said. “They get some entertainment and morph into things that eventually catch the eye of fire prevention.”
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