Foxborough Selectmen Slap Waxy O'Connor's With Liquor License Suspension

The Foxborough Board of Selectmen determined March 22, in a 3-2 vote, that Waxy O'Connor's Irish Pub and Restaurant violated rule eleven of the town’s alcohol rules and regulations when three separate incidents involving individuals impaired by alcoholic beverages, point back to continued service at Waxy's.

Selectmen suspended Waxy O'Connor's liquor license for 6 days – one to be served on a weekday for their first offense, another two days (one weekday, one weekend day) for their second offense, and three days on the weekend for their third offense (Friday-Sunday). 

Foxborough's town counsel and Waxy O'Connor's attorney, Patricia Farnsworth, were both present at the hearing.

Waxy O'Connor's has the option of appealing the license suspension to the State Alcoholic Beverages Control Commission. If they choose to serve the suspension, they have until the end of June to do so.

Police Chief Edward O'Leary first submitted the liquor-hearing request to the board after three alcohol infused incidents related to Waxy O'Connors were reported.

Two of the incidents happened in late December.

Foxborough Police officer, Patrick Morrison, was present at the liquor license hearing to testify on one of the incidents at Waxy's in which he responded to. The incident involved Brian Caudle, who was put under protective custody for being overly intoxicated and belligerent.

Kevin Cavanaugh, Waxy's doorman, who initially placed the call to police regarding Caudle, was also on hand at the hearing to testify on his recollection of the incident.

"The man was belligerent to me, and tried reentering the establishment several times after we asked him to leave," said Cavanaugh "That is when I called police."

Morrison said that when he arrived at Waxy's and asked Cavanaugh about the ongoing situation, he responded by saying, "Not sure what is wrong with Caudle; he was probably over served."

The Board found Waxy's guilty of "over serving" Caudle and voted for a one weekday liquor suspension.

Foxborough Police Officer Joseph McDonald was present at the hearing to testify on the other two separate incidents involving Waxy's, where in both instances two females were arrested for "operating under the influence (OUI).

McDonald recalled the incident that took place on December 24, where he found a female Norwood resident blocking Beach Street in Foxborough with her vehicle. When asked by officers where she was coming from, she responded "Waxy's." The female also believed at the time that she was in Norwood and not Foxborough.

The female in question was then given a Breathalyzer test, where she registered at 3 times the legal alcohol limit.

The female later plead guilty for OUI at the Wrentham District Court House for being intoxicated at the time of the incident.

The Board of Selectmen found Waxy's to be guilty in "over serving" the female, and continued to slap them with their second offense, issuing a 2 day liquor suspension; one day to be served during the week, and one day to be served on the weekend."

Officer McDonald also responded to a third OUI incident that occurred on February 6, 2011. A female was arrested for OUI after her vehicle was discovered in the middle of the intersection of Mechanic and Chestnut Streets. The female told officers that she had been heading home "after drinking at Waxy's." 

Officer McDonald was unable to give the female a Breathalyzer test because she posed a danger to herself.

Officer McDonald told the board that, "In his 20 years of experience, he knew without the Breathalyzer test that the female was heavily intoxicated." 

According to McDonald, the female was going to plead guilty at arraignment for her OUI but that the judge advised her to wait due to the severity of the case.

The Board of Selectmen found Waxy's to be guilty of their third offense occurring on February 6 and suspended their liquor license for 3 days on the weekend (Friday-Sunday).

The board, after 3 hours of deliberation, was still spilt on their decision regarding Waxy O'Connor's.

Town Manager, Kevin Pacios, weighed in on the decision stating, "The primary objective is to alter the behavior for public safety with this establishment."

"I would recommend the harshest penalty," said Paicos. "You must send a message to all establishments in town and you need to get something on the record."  

Selectmen, Paul Mortenson, originally set a motion into play for a 10 day suspension, but after thoughtful reconsideration, decided that the 6 day suspension was a harsh enough financial and "lesson learning" penalty for Waxy's. 

Chairman of the Board, Lynda Walsh and selectmen Lorraine A. Brue, were torn with their decision until the very end.

Brue believed that a suspension over 3 days was "too harsh," and that a 3-day weekend suspension would send a clear enough message that the town of Foxborough does not tolerate any establishment violating town law.

Brue also took in consideration the major financial impact that Waxy's is facing with suspension over any time length, including the financial impact that it would cause to their own employees.

Vice Chairman, Lawrence J. Harrington, was quick to point out that there is a greater impact on the lives of community residents who could become victim of Waxy's inability to control alcohol consumption.

Harrington was "disgusted" by Waxy's lack of remorse regarding the three separate incidents.

"The management and owners show no remorse, and are neither admitting that they have done anything wrong," said Harrington. "That's upsetting me the most."

Harrington and selectmen James DeVellis both voted against the 6-day suspension because they believed it was "too lenient."