Kevin Hayhurst
Kevin Hayhurst (Facebook Photo)

LOWELL -- A Middlesex Superior Court Judge on Friday afternoon issued a temporary injunction staying the suspension of the liquor licenses of Finn's Pub and Brian's Ivy Hall.

The License Commission had voted Thursday night to suspend for 30 days, effective immediately, the liquor license of Finn's Pub on Merrimack Street.

The commission also voted to require that Kevin Hayhurst be removed as manager of record for both Finn's Pub and Brian's Ivy Hall. By virtue of that action, Brian's Ivy Hall, which is in the same building, also will not be able to serve alcohol until a new manager of record is in place.

The actions were a response to an incident earlier this year in which Hayhurst allegedly assaulted a patron at Finn's Pub.

Attorney Raymond Weicker, Hayhurst's attorney, on Friday filed for a temporary restraining order of the commission's actions, which was granted by Judge Kenneth Salinger.

A hearing on the matter is scheduled for Friday, May 30, at 2 p.m.

"We are sure the judicial process will play out properly, and we hope the License Commission will act in accordance with any further decisions from the court," Weicker said.

Weicker said one reason his injunction request was granted is because he demonstrated the board was improperly convened.

Two commissioners voted to take action against Hayhurst and his establishment, but earlier Thursday Gov. Deval Patrick had signed legislation that immediately expanded the commission's membership to five.


Advertisement

Therefore, Weicker says a quorum would be three members, not two.

Weicker also said he successfully argued that the board used an "arbitrary and capricious standard of review" and there was "insufficient evidence to support the findings of the board."

On Thursday, Commissioners Cliff Krieger and John Descoteaux determined that as manager, Hayhurst failed to maintain order and decorum in the premises of his establishment, as required, said Ryan Wynn, the License Commission's executive secretary.

The establishment's management also failed to provide within 48 hours a written report about the incident to both the police and the License Commission, which is required when police are called to the licensed premises, Wynn said.

Wynn said the commission also took into account Hayhurst's history with the board.

Last year the commission suspended Finn's Pub license for three days, with two held in abeyance, in connection with an incident in which Hayhurst allegedly assaulted a then-UMass Lowell hockey player.

"The accountability required of a manager by the rules and regulations of the License Commission was lacking with this individual and consistent with what has happened in the past," Wynn said. "The commission felt justified to give a substantial suspension because of Mr. Hayhurst's lack of responsibility."

Hayhurst told The Sun Friday he took no issue with the commission's action.

"As far as the License Commission, they were very professional," Hayhurst said. "They did what they had to do."