Saga to Appeal 10-Day Liquor License Suspension

A Patriot Place restaurant hit with a 10-day liquor license suspension by the selectmen has appealed the ruling.

On Jan. 6, Mark Stopa of Foxboro, legal counsel for Saga’s Hibachi Steakhouse and Sushi Bar, notified the selectmen of his client’s appeal to the state Alcoholic Beverages Control Commission. The appeal calls the suspension “arbitrary and capricious” when compared to the board’s past practices.

“The penalty imposed on (Saga Hibachi Steakhouse) is clearly inconsistent with the past practices of the board and not fair given the circumstances exigent to the complaint of the violation,” the appeal said.

Stopa also requested a stay of the suspension, which was scheduled to start on Jan. 8.

On Dec. 29, the selectmen voted to suspend Saga’s license for allowing patrons to keep possession of and consume alcohol past 1:05 a.m., failing to clear all bottles and glasses from the tables and bars prior to 1:05 a.m., failing to have all patrons off the premises by 1:15 a.m. and failing to prevent patrons from entering the building after 1 a.m. All four violations occurred after a New England Patriots game on Nov. 23.

During the hearing, Stopa did not deny that the restaurant was guilty of all four violations, but said the cold temperature and late end to the game affected the normal cycle of operations for the staff. Unlike other late games which mostly end around 11:30 p.m., the game against the Buffalo Bills finished at 12:02 a.m.

Representatives from Saga are scheduled to meet with the selectmen at their Jan. 12 meeting.