EagleTribune.com, North Andover, MA


November 15, 2012

Restaurant gets probation in deck fall case

Owner's lawyer says victim is considering filing lawsuit


“You guys did a good job in your investigation, but you don’t have that,” Edwards said, referring to first-hand evidence of McKay being served alcohol in the establishment.

Commissioners said they suspected McKay was indeed over-served at Hans Garden, but decided to only put the eatery on probation for six months. If there are no license violations during the span, the matter will be dropped, they said. Hans faced having his alcohol license suspended had he been found responsible for over-serving McKay.

“People like you and you’re a friendly guy,” Edwards told Hans. “But you serve too many drinks to too many people.”

Commission member Tim Coco said Hans has a history of alcohol violations and other problems.

“You might not be so lucky next time,” Coco told Hans.

Gleason told the commission Hans will be more careful in the future. Previously, Hans said he modified his deck to make it more difficult for patrons to sit on it.

In the wake of the incident, the commission set new rules for restaurants and bars that allow drinking alcohol on decks. Those businesses are now required to assign a worker exclusively to monitor customers drinking alcohol on decks at their busiest times — 9 p.m. to closing Fridays and Saturdays and the Wednesday night before Thanksgiving.

Restaurants with permission to allow patrons to drink alcohol on outside decks include Hans Garden, the Tap Brewhouse and the Lasting Room on Washington Street, Mr. Mike’s Restaurant and Lounge on Main Street and Archie’s Ale House in Lafayette Square.

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