WESTBROOK – Under a watchful eye, Skybox Bar & Grill has been awarded renewal of its liquor and amusement licenses, despite concerns discussed by councilors about the frequent noise complaints involving the Brown Street establishment.

The Westbrook City Council unanimously approved the licenses Monday after discussing the noise issue with Skybox owner Allen Moore, who said he is “confident” that the issue has been addressed.

According to the Westbrook Police Department, since April of last year, officers have responded to 25 calls stemming from Skybox, mostly for noise complaints, and some fights.

Police Capt. Tom Roth said Monday that the department recommended approving the licenses pending inspections that are required by ordinance, and an acceptance of a memorandum of understanding between the department and Moore.

Roth said the goal is to renew discussions with Moore to “make sure both sides are satisfied.”

City Administrator Jerre Bryant said the plan should be to revisit the terms in the memorandum, and “recommit” to them.

“The city’s goal is to have a viable, prosperous business at this location, but we also have to take into account the impacts the business has on the abutting residential properties,” he said.

A memorandum was previously established in 2009 following a similar rash of complaints soon after Moore became owner of the business.

Earlier in 2009, Westbrook municipal officers denied the bar’s liquor license due to police activity, and Moore sued the city, claiming that councilors who voted against the license were biased against the bar.

A similar 2008 decision was ultimately overturned by the state, but the previous owners, Tom and Ellen Dore, decided they no longer wanted to fight the city about the license and Moore and his wife Lynn took over the business.

City Councilor Michael Foley said Monday that while he knows that Moore has worked to reduce the amount of calls, he is still concerned with making sure an agreement between Skybox and the police department is revisited and agreed upon.

“In the past, I thought we had turned over a new leaf down there, and was hoping we could do that again this evening,” he said.

Moore said that he had been advised by his attorney not to enter into a signed special agreement with the city, “for his own protection” in operating a business.

“I never signed a memorandum of understanding, but I do appreciate having an open dialogue with the city, and it has been beneficial for both sides to work closely,” he said. “I don’t mind casually agreeing to some terms, but as far as a signed document, it makes me nervous.”

Moore added that Skybox has adhered to the current memorandum for the nearly five years it has been in place, and that it was never a signed document.

Bill Baker, the assistant city administrator for business and community relations, who was also the police chief at the time the original memorandum was established, said the agreement has been helpful, and has “improved the dialogue between the licensee and the city. It’s helpful to have a (memorandum) even if you don’t treat it as a signed contract.”

Baker said that he doesn’t think the parties have to make the memorandum a “legally binding contract,” but that it “can serve its purpose informally.”

According to Westbrook Police Department documents, 18 of the 25 calls in the last year have been in response to noise complaints, with multiple calls sometimes being made in one night. However, on several occasions the responding officers reported that noise levels were normal.

In all instances, employees were made aware of the complaints, and in most cases, police reported that employees responded by either turning music down or off. There is, however, one case in January where an officer reported that a “female bartender was less than helpful,” and that they “spoke with a DJ who ‘may’ have turned the music down slightly.”

The second highest number of complaints to a single establishment in Westbrook during the last year was four at Thatcher’s.

City Councilor John O’Hara said Monday that all the calls to the police about noise are “subject to interpretation” because there is no scientific way to judge the level of noise each time a complaint is made.

“We may have some homework to do on our side, to figure out if it’s loud or not, and how we measure that noise,” he said.

Moore said Monday that the business has made steps to lessen noise levels, by spending money on new, smaller speakers, and reducing bass levels during a weekly “Reggae Night.” He said that, along with DJs, he has worked with them to test noise levels prior to events.

Roth said that the two parties sharing information has worked and believes it will continue to work.

“If we sit at the table, freshen up the ’09 document, and move forward, we can make progress toward our common goal,” he said.