Incident At The Globe Reviewed By License Board

SNOW HILL– While no formal violation was found, officials urged a Berlin business owner to be careful about entertainment in the future.

The Worcester County Board of License Commissioners (BLC) met with The Globe’s Nicole Brushmiller this week to talk about a complaint regarding noise at Tiki Tim’s that was made last month. BLC members determined the issue didn’t technically constitute a violation but advised Brushmiller to be cautious in the future.

“We need to make sure you’re totally clear it can never ever happen again,” board member Charles Nichols said.

Tom Coates, the board’s attorney, said this week’s hearing was the result of a report from February related to noise complaints as well as a restriction violation. According to Coates police received two noise complaints the afternoon of Feb. 27.

Berlin Police Sgt. Merle Bragg confirmed he’d responded to the second complaint. He said when he arrived he couldn’t hear music until he walked behind the Atlantic Hotel. And while he did hear music emanating from Tiki Tim’s at that point, he said it didn’t rise to the level of what he’d normally consider a noise violation.

“There was not anything that was overly loud that would cause a problem,” he said.

Bragg added that the noise complaint came after a section of wall had been taken down at Tiki Tim’s. The Berlin Historic Commission had mandated the wall, which was put up without approval from the town, be removed until plans were reviewed.

Brushmiller said the noise incident occurred during a birthday party that afternoon. She said a local DJ, Billy T, was playing music. She told the board she didn’t realize that could be considered a restriction violation because he was just playing music, not engaging with the crowd.

“It was not intentional,” she said.

She added that she had turned down an opportunity to host a wedding because it had involved a DJ and she knew that was not permitted.

Pete Cosby, Brushmiller’s attorney, asked if the music seemed loud to her that day.

Brushmiller said when she first arrived it did sound loud. At that point, a police officer responded to the first noise complaint.

“In that scenario I’d say the call was warranted,” she said.

Brushmiller indicated that while that complaint was merited, the second noise complaint, which occurred just as the DJ was wrapping up, was not.

Cosby told the board Brushmiller was no longer operating the business, as it had been sold to Jon Lane.

Lane, who previously operated Braddah Barney’s, told the board he took over The Globe four days after the noise complaints. He said he’d worked in the weeks since to meet his neighbors and planned to be very responsive to any concerns.

“I’m always at the business operating it,” he said. “Literally 20 hours a day.”

Nichols said he primarily wanted to hear from Brushmiller, as the incident had occurred before Lane took over The Globe. BLC member Marty Pusey pointed out The Globe’s license said no outdoor entertainment.

Brushmiller said she didn’t realize Billy T would be considered entertainment since he was just playing music, not performing it. And while she knew a DJ wasn’t allowed she said she felt what he was doing at The Globe didn’t rise to that level, as he was not engaging people or guiding them onto the dance floor. She said he had no microphone so she didn’t consider him a DJ.

Nichols asked if Billy T was paid for his efforts.

“I assume, probably,” she said. “I’m not sure how he was paid.”

Nichols said he’d also like to hear from representatives of the Atlantic Hotel, as it was next to The Globe. The hotel’s Laura Stearns said she had received complaints from hotel guests regarding the noise that day.

Following a consultation with their attorney, Pusey and Nichols determined the situation did not rise to the occasion of a violation but told Brushmiller to be careful in the future.

About The Author: Charlene Sharpe

Alternative Text

Charlene Sharpe has been with The Dispatch since 2014. A graduate of Stephen Decatur High School and the University of Richmond, she spent seven years with the Delmarva Media Group before joining the team at The Dispatch.