2 a.m. last call in NH? At least one Portsmouth bar owner says 'I'm all for it'

PORTSMOUTH — The streets of Portsmouth could become a lot livelier into the wee hours of the morning if a bill to extend last call for alcohol to 2 a.m. becomes law.

However, owners of downtown establishments in Portsmouth have mixed opinions on the possibility.

“I’m all for it at Clipper Tavern,” said Jeff Goss, the restaurant's owner, adding late-night crowds account for a lot of their business.

Marge and Jason Stiles, owners of Daniel Street Tavern in Portsmouth, don’t think it’s a good idea.

“By the time 1 a.m. rolls around, everyone really is ready to be done and go home. Staff included,” Marge Stiles wrote in an email.

House Bill 1227, sponsored by Rep. Jessica Grill, D-Manchester, would extend the hour alcoholic beverage sales end for on-premises licensees from 1 a.m. to 2 a.m. It would also allow municipalities to extend closing time from 2 a.m. to 3 a.m. if passed by ordinance or warrant article.

HB 1227 passed the New Hampshire House on March 28. It does not yet have a date to be heard by the Senate.

2 a.m. last call would make NH 'competitive' with other states

In her testimony on the bill in January, Grill said the extended hours would put New Hampshire more in line with other states.

“Currently, we have one of the earliest statewide closing times in the country,” she said. Almost three-quarters of states have laws establishing last call as 2 a.m. or later. That includes Vermont and Massachusetts, which already allow bars and restaurants to serve alcohol until 2 a.m.

“HB 1227 will align our liquor laws more closely with our neighbors and will make our state more competitive. For example, someone might be more likely to choose New Hampshire as a destination for a corporate retreat recovery over Massachusetts or Vermont,” Grill said. “With young people looking to build their careers here and tourism being such a large part of our economy, it's past time to take another look at closing time.”

Rep. Jared Sullivan, D-Bethlehem, also supported the bill, writing to the Legislature that “nightlife in our cities and towns is one of the considerations for potential new residents of our state.”

Goss said that he thinks the bill would help a lot of businesses, especially downtown.

“I can see four or five of us downtown wanting to serve that extra hour,” he said. “So I think it would all help, it’s just more options within walking distance.”

Safety concerns and other opposition to extending last call

Grill said allowing bars to serve alcohol later is not a “permission slip” for bad behavior, saying vendors would still be held responsible for overserving.

She argued the bill would not necessarily lead to more public safety concerns: with the advent of ride-share apps, she said there are now many more options for people to get home safely.

But officers from the New Hampshire Liquor Commission’s Division of Enforcement testified against the bill.

Mark Armaganian, the chief of enforcement licensing for the Liquor Commission, said while he would hope everyone would act appropriately, “people make mistakes” and “it doesn’t always happen that way.”

“We're looking at this from an industry standpoint, and I think we need to look at this from a safety standpoint and a law enforcement standpoint,” said Armaganian. “Once you create longevity with hours of service, enforcement has to be out longer. You have the unintended consequence of the jurisdictions that don't want this to happen. They have to put resources on the road, and I feel that this is a burden that's going to be put on the taxpayer at the end of the day.”

More alcohol legislation: NH bill would hit drivers who refuse alcohol level tests with tougher penalties

Goss said he isn’t worried about the people who want to stay out that extra hour, especially if policed appropriately.

“In our history of the Clipper Tavern being open till 1 a.m., we don't really get many problems,” he said. “We’ve been getting, I want to say, the good customers at the end of the night, not the ones that get turned away somewhere else.”

He added the walkable nature of Portsmouth's downtown adds to the safety as people are more likely to walk to the next spot than get in their cars. He described the customers as a “big Uber crowd.”

In the House hearing, Rep. Anita Burroughs, D-Glen, pointed out that not all areas of New Hampshire have ride-share app infrastructure, like her hometown of Bartlett.

Mike Somers, the president and CEO of the New Hampshire Lodging and Restaurant Association, said the bill raises a “complicated issue for the industry.”

“Late-night drinking places or hospitality employees love to frequent were very supportive of this but then many restaurants, hotels and others actually weren't,” Somers said in his testimony. “A lot of these hotels close down because, more than anything, staffing issues. They don’t want to stay open any later because they can’t cover it.”

Goss said he doesn’t think he’d have issues staffing for an extra hour when his night employees already stay past 1 a.m.

Supporters of the bill said that it’s not a mandate, it merely provides the option for establishments to stay open later.

Ben VanCamp, the president of the Chamber Collaborative of Greater Portsmouth, said he thinks most restaurants in the area won't stay open later for a variety of reasons.

But Marge Stiles said that places may feel pressured to push their closing time.

“I would say if it's not broke, don't fix it,” Marge Stiles wrote. “I hope they don't pass it because then once one place starts staying open until two the rest will have to follow suit.”

The number one comment the NHLRA got from members who opposed the bill, Somers said, was “nothing good happens after midnight.”

This article originally appeared on Portsmouth Herald: Portsmouth bar owners weigh in on 2 a.m. last call bill in NH