By Carol Britton Meyer

The select board approved the renewal of Tipsy Tuna’s seasonal all-alcoholic and common victualer licenses Wednesday night to allow the business to open on May 1 for the new season, but stopped short of approving the requested entertainment license renewal.

The Tipsy TUNA has an outdoor stage where live music is performed regularly in the summer season. the select board this week said it is unclear whether the venue has a current live entertainment license.

However, concerns aired by Porrazzo Road residents George Marcus and Kerry Farley during the meeting about the loud noise from the live outdoor entertainment during past seasons were not the reason for the delay, but the discovery that there’s no license allowing live entertainment currently in effect for Tipsy Tuna to renew.

While town staff will do research back to 2020 related to whether a license allowing live entertainment was ever issued to owner Freidy Elkhoury in the past, that information would have no effect on the current status, Town Counsel James Lampke said.

While the Tipsy Tuna currently holds a license for juke box, karaoke, and piped-in music, Elkhoury would need to submit a modified request to include live entertainment in the entertainment license renewal for the board’s consideration if he wishes to do so, which would require a public hearing. The restaurant doesn’t start offering live entertainment until Memorial Day weekend, so there is still some time to resolve the issue.

The board also questioned the 1 a.m. end time for entertainment on weekdays.

There have been 39 “disturbance” calls to the Hull Police over a 24-month period related to Tipsy Tuna, according to Town Manager Jennifer Constable, although it’s unclear how many different people called in those complaints. Farley played the sound from a video recording of an earlier live performance at Tipsy Tuna for the board to hear the level of the noise from the band that was playing.

“This is a beach town, but it’s also a residential community, and we have to be equally concerned about both [businesses and residents],” board member Irwin Nesoff explained.

“It’s a quality-of-life issue,” Chair Greg Grey said.

Another Porrazzo Road resident, though, said he hears more noise from yelling and other disturbances at another restaurant in the area than from Tipsy Tuna. “I don’t have much of a problem with the music,” he said.

Elkhoury said he’s heard about the complaints and is planning to build a roof over the outdoor stage and direct the speakers toward the beach to help lessen the noise impact from live entertainment, which, however, he is no longer allowed to offer until the related issue is resolved.

“I’m struggling to make it during the 14 weeks we’re open. The businesses on both sides of Tipsy Tuna have music, so it’s not just one location,” he said. “I apologize for any complaints and issues, and am willing to listen and make it right.”

Board member Jerry Taverna asked that a discussion about developing an entertainment policy for the area be put on the agenda for an upcoming select board meeting.

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