BATH

The liquor, food and music will keep flowing at the Black Barnacle Pub on Front Street despite the City Council’s denial of new liquor and special amusement licenses for the business last week.

On Wednesday, a superior court judge delivered a stay order on that denial “at least until the Bath City Council has issued a written decision” regarding Black Barnacle owner Greg Tisdale’s application to renew those licenses.

The stay order will officially extend the pub’s licenses, which would have expired at midnight today, until midnight July 20.

At a June 13 meeting, Bath city councilors voted 4-1 to deny the liquor license and 3- 2 to deny the special amusement license.

Councilors Steve Brackett, Meadow Rue Merrill, Sean Paulhus and Andy Winglass opposed the liquor license renewal, which Councilor Bernie Wyman favored. Councilors Mari Eosco, Ruthe Pagurko and Kyle Rogers were absent from the meeting.

Councilors voted 2-3 against approving the special amusement license, with Paulhus and Wyman in favor and Brackett, Merrill and Winglass opposed.

While the stay order acknowledged that “to some extent, this situation is of (Tisdale’s) own making because (he) waited until May to apply for renewal,” it also found that Tisdale “had good reason to be surprised by the council’s vote to deny renewal outright — none of the city officials who were consulted regarding renewal recommended denial.”

The order found that denial of the licenses would have caused Tisdale “irreparable harm — in the form of substantial loss of business that would be difficult to quantify” and that Tisdale “appears to have a reasonable basis for an extension pending renewal.”

Jack Barnicle, an attorney who represents Tisdale, said this morning that he continues to await a written decision from the city, which would be required before any appeal can be made to the Maine Bureau of Liquor Enforcement.

The council’s denial of the licenses came after testimony from neighboring business owner Skip Taylor of Winter’s Gone Alpaca Fashions, and others, including former business owners and Main Street Bath members Jayne Palmer and William King.

Their testimony against license renewal cited inappropriate language, tossed cigarette butts and noise emanating from the pub.

Council chairman David Sinclair said Wednesday that he does not know if the council would take up the matter at its next meeting, scheduled for July 9.

“I don’t have advance knowledge of what will be on the July agenda,” Sinclair said. “I don’t know what will be on any subsequent meeting agenda.”

Between now and that meeting, Barnicle said he hopes to speak with the town’s attorney and is hopeful that another hearing could be scheduled on the matter.

“I think it would be a shame not to,” Barnicle said.