PITTSFIELD, Mass. — Licensing Board member Richard Stockwell was in Lach's Lounge on Jan. 23.

He left at 10:30 p.m. because he knows that the crowd that arrives after 11 isn't for him.

A few hours later, James Dominguez was murdered in the parking lot next to the bar. Police determined Dominguez was at Lach's Lounge until closing that night and officers at the scene say many patrons of Lach's Lounge had been overserved.

 

On Wednesday, the Licensing Board agreed to suspend Lach's Lounge's license for seven days, reduce hours for 60 days and to force the business to install security cameras. 

 

"I was in Lach's Lounge the night this happened. But I left at 10:30 because both of you know that after 11 o'clock the clientele changes," Stockwell told the two owners during Wednesday's hearing.

 

Police Lt. Michael Grady said when officers responded to the scene at 1:30 in the morning, there were some 40 to 60 people outside of the bar, many of them excessively drunk. 

 

"At least one person was so drunk he could barely walk and talk," Grady said. "There was clearly excessive service of alcohol in the bar going on."

 

The shooting occurred in a city-owned parking lot and staff was using metal detecting wands on patrons that night. Grady didn't link the shooting to any altercation inside or present evidence that a weapon was inside the bar. He did, however, bring the bar before the board on the overserving accusation.

 

"The investigation has shown that Dominguez was inside Lach's Lounge before his death and left at closing town," Grady said. 

 

Owner Arthur Beattie Jr. argued that it was unfair to hold the bar responsible given there is no proof that anything inside the bar led to the incident. Beattie said late at night many people attempt to come to the bar after drinking in other locations and many were "turned away" that night. Grady, however, says the drunken witnesses at the scene said they were drinking at the bar.

 

"We are doing everything in our power. I cannot prevent that poor guy getting shot," Beattie said. "I'm shaken by the whole thing myself."

 

The board levied the suspension not only because of the overserving but because it was only a few months ago when Beattie was brought before the board to answer questions regarding another shooting.

 

In November, Beattie was placed "on notice" by the board after an Oct. 31 altercation at the bar, which led to a shooting on Lincoln Street. In that case, Grady said a gun was handed off from one person to the other inside the bar and the bartender hid that information from officers. Beattie then promised that he or his business partner would be there on weekend nights and that metal detecting wands were being purchased for security. 

 

On Jan. 23, however, neither Beattie nor co-owner Michael Kruger were there. 

 

"The last time you were here you indicated that either you or your partner would be there at these times," Chairman Thomas Campoli said, later adding, "You've got to step it up. You've got to step it up by being present.

 

Campoli said "times have changed in the city" and the owners aren't doing enough to ensure safety. 

 

"Given the circumstances of what is going on in Pittsfield, you are not taking it seriously enough. That has to change," Campoli said.

 

The board was urged by Mayor Linda Tyer to take strong action against Lach's Lounge.

 

"The public is counting on us to ensure their safety. Now is the time to deliver a strong message that the city of Pittsfield does not tolerate illegal activity that takes place in the licensed establishment," said Roberta McCulloch-Dews, director of administrative services, in reading a letter from the mayor.

 

Representatives from MyCom Credit Union and Cantarella School of Dance both voiced concern with the bar's management. In the last four months, Cantarella staff has had to kick out five or so people who were drunk and stumbled into the business jokingly asking for dance lessons. MyCom is concerned about the safety of staff and customers.

 

Board members Dana Doyle and Diane Pero both urged for a 14-day suspension but Campoli and Stockwell both wanted seven days, which was passed unanimously. 

 

"We have to have a zero-tolerance policy and that all of the license holders need to be on notice," Doyle said.

 

After the ruling Beattie and Kruger took their licenses off the wall and brought them to the city clerk's office. The bar can reopen next Wednesday as long as security cameras are installed by then. For the next two months, the bar will be closing at midnight. And the owners are asked to return to the board with a plan for better management.

 

Ultimately, Stockwell hopes that with better management the establishment can return to the neighborhood bar he has been going to for years.