Hampton Beach Bar to Sue Town to Send Message

The owner of Bernie’s Beach Bar says he will take the town of Hampton to court after selectmen ruled Monday that his entertainment license is more restrictive than previously thought. 

The board clarified Monday that no outdoor activity is permitted after 11 p.m. at the business if the activity is categorized as “entertainment” at a volume above the ambient noise of the business.

Previously, owner Al Fleury was under the impression he was allowed to have radios and televisions on past 11 p.m. at a reasonable volume, but couldn’t have live or recorded music and entertainment. The topic was discussed before Bernie’s license was approved earlier this month.

Selectmen said Monday, though, that TVs and radios are considered entertainment, and therefore aren’t allowed past 11 p.m. — an idea which Fleury is “100 percent” set on fighting in the court system.

“We’re not going to just allow this to happen,” said Fleury.

Fleury said TVs and radios currently play at Bernie’s — which is what La Bec Rouge became after a burst pipe severely damaged the former business — at an ambient noise level after 11 p.m. He said they don’t exceed the conversations at his bar or in his seating area, and said he’s consistent with other late-night establishments that play TVs and radios in outdoor seating and bar areas. 

That said, rather than wait to sue Hampton until after the town finds him in violation, Fleury said he wants to immediately pursue a court case because he feels Bernie’s may be receiving harsher treatment than other businesses, whether it be because of past arguments over Fleury’s other business, Wally’s Pub, or other reasons.

 “We’re not going to let them do that,” said Fleury. “We’re not going to let them pick and choose who to monitor.”