HAVERHILL — A punishment hearing for Hans Garden on charges of over-serving alcohol to a customer before he toppled backwards off an outside deck was postponed last night because neither the victim nor the bartenders who said they never served him showed up.
Police said Matthew McKay, 26, of Methuen spent three days in a Boston hospital and suffered three cracked ribs, a collapsed lung, internal bleeding and a sprained ankle after falling from a roughly 10-foot-high structure at the back of the downtown Chinese food restaurant on Aug. 25.
Tony Hans, owner of the Washington Street eatery, was cited for failing to provide a safe environment for patrons and selling or delivering alcohol to McKay after he was already intoxicated.
At last night’s hearing, Police Lieutenant Dana Burrill told commissioners that McKay had told him he had been drinking at the business for “a while” and consumed “several” alcoholic drinks there. But Burrill said McKay declined several invitations to attend a License Commission meeting to tell his story in person.
Hans’ attorney, Scott Gleason, presented the commission with written statements from three bartenders and two security officers who were working the night McKay was injured. Gleason said every bartender working that night denied serving McKay even a single drink, and that the police officer on the scene said he could not tell whether McKay was disoriented from the fall, drinking alcohol or a combination of the two.
“We’re disputing whether he drank there (at Hans Garden), not whether he was intoxicated,” Gleason said of McKay.
Commission members appeared skeptical of that assertion, however, and asked Burrill to try one more time to convince McKay to come before them. “I’m not sure we’re getting the truth here tonight,” Commission member Gerald Sewell said.
Gleason and License Commission Chairman Joseph Edwards then jousted for several minutes over whether which side, or both, should have to produce their witnesses in person.