SUNSET BEACH : Sunset Pub Wins Appeal, Will Reopen

A restaurant owner who had to close his business two years ago because he lost his liquor license intends to reopen after a state appeals court ruling this week ordered his license be returned.

The 4th District Court of Appeal, in a 3-0 vote, directed the Department of Alcoholic Beverage Control on Tuesday to issue Anthony Plascencia, owner of the Sunset Beach Pub and Grill, 16655 Pacific Coast Highway, a liquor license despite neighborhood complaints the restaurant and bar’s live music generate too much noise and drunken customers disrupt the community.

“Obviously, we are very happy with the court’s decision,” said Fullerton attorney Marjorie Fuller, who represented Plascencia. “Mr. Plascencia was cleaning up yesterday and is eager to open as soon as he can.”

Plascencia was unavailable for comment.

ABC officials are still reviewing the case and have not decided whether they will contest the court’s ruling, according to Dale Rasmussen, an agency spokesman.

“I am very surprised by the decision,” Rasmussen said. “We thought the residents had established quite a case to show they would be significantly disturbed if that place got a license.”

In a nine-page opinion written by Presiding Justice David G. Sills, the court rejected arguments from seven neighbors who had testified in previous hearings the restaurant was to blame for drunken patrons annoying nearby residents, some of whom live within 40 feet of the pub. The court pointed out other businesses on the same street also sold alcoholic beverages and faulting just one business would be “problematic.”

The court noted complaints about the pub began after Plascencia leased his business to someone else in 1977. In 1990, when Plascencia decided to operate the restaurant again, he installed $50,000 in soundproofing equipment to mitigate noise.

To obtain a liquor license, Plascencia has agreed to post a security guard in the parking lot until half an hour after closing on nights live entertainment is featured to keep customers quiet. Plascencia has also pledged not to hire heavy metal, punk rock or other bands that play “loud music.”

After ABC denied him a permit in 1991, Plascencia tried to run the restaurant without selling alcohol, but declining revenues forced him to shut down shortly thereafter, Fuller said. Before losing it, the establishment had held a license for almost 40 years.