A conflict of interest between Foxborough’s special counsel for liquor license hearings, Lou Cassis and Waxy O’Connor’s left the town without legal representation Tuesday, forcing the Board of Selectmen to continue Tuesday’s liquor license violation hearing with the establishment to Jan. 22 at 7:30 p.m.
“Our normal special counsel for liquor matters is conflicted on this because he [he has represented Waxy O'Connor's in the past],” said Foxborough Town Manager Kevin Paicos. “We’ve been searching for a liquor license specialist and haven’t found one yet.”
Foxborough Board of Selectmen chair James DeVellis explained Cassis has provided Waxy O'Connor's legal services on another matter.
While Paicos has handled liquor license violation hearings in the past - most recently for CBS Scene, Foxboro Mandarin and Blue Fin Lounge - DeVellis said the severity of Waxy's alleged violations has the board positioned to have only special counsel represent the town at the table.
"Kevin's abilities as a Town Manager regarding other the violations [CBS Scene, Foxboro Mandarin, Blue Fin Lounge] were sufficient as the establishments were in agreement they had violated the regulations and we were able to work out a settlement that the town and police were in agreement before coming to the board for review and endorsement," DeVellis said. "In this particular case, because this is the fourth violation in a three-strike scenario, I wanted to have our special counsel handle it directly because of the seriousness of the situation. This is an issue for our attorney dealing directly with the establishment's attorney and whatever the outcome is, it needs to be done with the expertise not only under our local liquor laws but within the context of the state liquor law regulations, which are very complicated and any decision at that level will be scrutinized by the state should our findings and decision be brought to them."
Paicos informed the BOS a settlement from Waxy O’Connor’s is possible but no further action on the matter could be taken Tuesday.
“There’s the possibility there may be an opportunity to create some sort of settlement,” Paicos said. “[Waxy’s is] going to be offering something. I’ll take a look at that and if there is merit to that I will pass it along to the board.”
Waxy O’Connor’s allegedly failed an alcohol compliance check conducted by Foxborough police this past September. if found guilty.
This is the hearing’s second continuance. The BOS continued the hearing from Nov. 20, 2012 to Jan. 8 at the request of Waxy’s before continuing Tuesday’s hearing to Jan. 22.