The Massachusetts Appeals Court ruled today that a state trooper will get his day in court to make the case that two Boston detectives libeled him in a report on overcrowding at a nightclub where he sometimes moonlighted as a DJ.
In its ruling, which overturns a lower court's ruling against Trooper Anthony Dear, the court said a report by detectives John Devaney and Kevin McGill of the BPD licensing division did not have "absolute immunity" against a defamation claim.
Royale, 279 Tremont St., is seeking permission from the city to expand its capacity from 775 to the 1,200 patrons its troubled predecessor, Roxy, was once allowed to let in.
The Mayor's Office of Consumer Affairs and Licensing holds a hearing on the request on Sept. 5. The office slashed Roxy's maximum capacity to 775 in 2007 after a skein of violations, from overcrowding in the streets at closing to cases of assault and battery.
For the second time this spring, Bijou Nightclub on Stuart Street found itself before city Licensing Director Patricia Malone to explain why police found people perched on top of couches near the club dance floor.
To be sure, this time police detectives found only three people upright on couches - although an alleged wiseass jumped up on a couch when police ordered the initial three down - and the club said they were only standing there, unlike an earlier incident involving close to 50 people actively gyrating on the tops of couches, Malone heard at a hearing this morning.
Boston Licensing Director Patricia Malone says she faces a thorny question: Whether to let an upscale waterfront steakhouse turn the sound on on televisions mounted on its outdoor patio.
Smith and Wollensky, on Congress Street on Fort Point Channel, has probationary permission to turn TVs on the patio on - but only with the sound off. Now it wants to be able to turn the sound on, for both select TV shows and for background music.
Attorney William Ferullo and his client, Umbria Prime owner Frank DePasquale, however, did allow as how DePasquale failed to notify the Mayor's Office of Consumer Affairs and Licensing about the "theme" night at which the models appeared, as required by the license that licensing chief Patricia Malone reminded them DePasquale signs for every year "under the pains and penalties of perjury."
City Licensing Director Patricia Malone told the owners of the Point on Hanover Street near Faneuil Hall Marketplace that she's considering lifting their entertainment license because of an incident last month in which a bar manager allegedly punched out a Syracuse University fan - after three other incidents involving the same manager, at least one also involving him punching a patron.
This morning, the Mayor's Office of Consumer Affairs and Licensing was scheduled to hold a hearing on the seven-stabbing closing at Ups N Downs in Dorchester in February. Assuming the hearing happened as planned, two Boston Police detectives would provide an account of what happened. A lawyer for bar owner Arthur Sutliffe would explain how Sutliffe plans to close the bar and sell the liquor license to the Boston Tea Party Museum. Another lawyer for Sutliffe would lead at least one bar employee through testimony on what happened. Other employees would be on hand, just in case.
Karlsie tweets from the Lansdowne Street hall that while they have yet to install the city-mandated illuminated "No moshing" signs,
Ramshackle Army announced from stage "just dancing, no moshing."
UPDATE: Kalsie tweets next up is DYS:
DYS just said "where I come fm that ain't right & I come from here " and told the crowd to "just be safe" when they slam dance.
The Herald reports House of Blues landed before the Mayor's Office of Consumer Affairs and Licensing yesterday for failing to break up a mosh pit at a Feb. 21 concert.
Common Ground, 85 Harvard Ave., goes before the Mayor's Office of Consumer Affairs and Licensing on Monday for permission to expand its music and dancing hours.
Common Ground wants to be able to offer a DJ and dancing until 2 a.m. seven days a week and to have up to five live performers in the same hours. Its current license only allows a DJ and dancing on Thursdays, Friday and Saturdays and limits it to three live performers and only until 6 p.m.
The hearing starts at 10 a.m. in the office's eighth-floor hearing room at City Hall.
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