Banner Pub's Liquor License Suspended Over Safety Violations
Select Board cites fire hazards and code violations; residents report unsafe living conditions
ROCKLAND - March 4 - The Rockland Select Board votes unanimously to suspend the liquor license for the Banner Pub at 167 Union Street for two weeks due to numerous safety violations and licensing irregularities.
The decision comes after town inspectors documented extensive fire, electrical, health and building code violations at the property, which houses both the pub and 11 residential tenants.
"We have top-notch inspectors in this town. They're experts at what they do, but they're also very generous in understanding," says Select Board member Michael O'Loughlin. "It's unfortunate that the times that they give the serious recommendations, the people they give those recommendations to don't take them seriously."
Town Counsel Robert Galvin presents a detailed timeline of violations dating back to December, when Deputy Fire Chief Thomas Heaney first requested owner William Barry address issues with the fire alarm panel.
"The most significant issues really kind of started in 2014 and at or about the time the renewal was coming up," Galvin explains.
Inspections in January and February reveal numerous safety concerns including improper use of extension cords, space heaters, non-functioning mini-split heating units, and apartments without adequate heat during winter months.
Deputy Heaney issues three separate citations totaling $2,000 for repeated fire code violations that remain uncorrected despite multiple warnings.
"He is going to get somebody hurt," Heaney tells the board. "You should not continue to have his license. Revoke it. Suspend it. The hardest punishment you can get, because he will not take and listen to any advice any inspector in this town has."
Electrical Inspector John Kemmett expresses serious concerns about outdated knob and tube wiring in the building, which he identifies as a leading cause of fires.
"I feel very concerned about the safety of those people that live there," Kemmett says. "And I've met a bunch of them. They seem like really nice people. And I would hate to think that I would see them in the news building or in those people."
Health Agent Delshaune Flipp reports receiving complaints from tenants, including one who expressed fear of dying in the building. During inspections, Flipp finds units with temperatures as low as 54 degrees, well below the required minimum of 62 degrees.
"I spoke with Mr. Berry, and I said, I will work with you if you need additional time," Flipp says. "And he said, yes, I need additional time. So instead of a 14-day re-inspection, I gave him a 21-day re-inspection. And then nothing was done in 21 days."
Further complicating matters, Galvin discovers that Barry transferred the property to a new LLC without notifying the town or updating the liquor license. The pub's liquor liability insurance is also in the name of the wrong entity.
Barry and his attorney, Walter Sullivan, acknowledge the violations but attribute them to financial difficulties and the challenges of maintaining an older building.
"Mistakes have been made. He acknowledges that," Sullivan says. "I don't think any of them with the intent of being derelict was done."
Barry claims he has begun addressing some issues, including installing a replacement part for the fire alarm system that arrived the day of the meeting.
The board votes to suspend the license for two weeks, requiring Barry to surrender it to the police department before opening hours the next day. Town inspectors will conduct a follow-up inspection before the next Select Board meeting to determine if sufficient progress has been made.
Town Administrator Doug Lapp presents a balanced budget for fiscal year 2026 that includes a 4.39% increase in funding for Rockland schools, but Superintendent Alan Cron requests an additional $250,000 to $300,000.
The proposed budget provides a $1.3 million year-to-year increase for the school department, compared to a 3.8% increase for general government operations.
"We have an excellent relationship with the school superintendent and the assistant superintendent. And I'm proud of that," Lapp says. "They have a lot of challenges, as you all know. There's quite a bit more variability in their operations compared to our operations."
To achieve the 4.39% increase, Lapp works with school officials to identify $374,000 in federal grant funding that can be applied directly to health insurance costs for school staff.
The superintendent's request for additional funding would bring the total increase to 5.36%, or $1.66 million. Lapp explains this would require a more aggressive approach to revenue forecasting.
"The downside in getting more aggressive with projecting our revenues, and when I say more aggressive, I mean projecting more than what we've projected thus far," Lapp says. "The downside to that is we're going to realize it on the other end the following year or the year after when our free cash gets certified."
Select Board members express reluctance to change the town's conservative budgeting approach.
"I don't think we should get more aggressive on our budgeting," says Select Board member John Ellard. "That's just bad fiscal policy right there."
The board requests that Superintendent Cron attend their next meeting to explain the need for additional funding.
Other Major Items
- The board approves a plan to seek voter approval for a $2 million fire department ladder truck through a capital outlay expenditure exclusion, which would result in a one-time tax increase of approximately $300 for the average household.
- Representatives from Clean Fields LLC present a proposal to cap and remediate the Pleasant Street landfill at no cost to the town by using the site for disposal of non-hazardous contaminated soil. The board votes to issue a Request for Proposals for the project.
- The board appoints Melanie Ritson-Monks to the Open Space Committee.
- Lapp reports that the current legislative authority for remote public meetings is set to expire at the end of March, and he is advocating for making the current flexibility permanent rather than mandating hybrid meetings.
- The board approves a Community Development Block Grant waiver request for a mobile home improvement project.