good morning we will give folks just a moment to enter from the waiting room and connect to audio we will be started shortly good morning good morning thank you all for joining us as a reminder when you are entering from the waiting room please do remain on mute unless or until you are testifying before the board good morning this is a hearing before the licensing board for the city of Boston today is Tuesday April 2nd 2024 today's hearing is being held pursuant two temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce thank you Danny good morning my name is Kathleen Joyce and chair of the Boston licensing board and today I'm also joined by commissioner Liam Karin and commissioner K Saxon thank you please ensure that your audio and visuals are working properly I will call each item in the order that it appears on this morning's agenda I will then ask who is present on behalf of the lensee who is present on behalf of the Boston Police Department and whether there are any other individuals with firsthand knowledge of the alleged incident who wish to testify I will then swear in all parties after that the police report will be read into the record and the leny or their representative will have the opportunity to make a brief statement followed by questions by the chair and Commissioners all testimony will be limited to only those individuals with firstand personal knowledge of the alleged incident the first item on this morning's agenda MW andw Inc doing businesses China Pearl Restaurant I will be continued to the next available hearing date due to a scheduling conflict we will therefore uh begin with item number two on this morning's agenda calling cmg1 P Square LLC doing business as located at 10 Post Office Square date of the incident was October 15th 2023 assault and battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the licy good morning attorney green Madame chair Commissioners Lesley Delany Hawkins with the law firm of Prince LEL on behalf of the applicant I'm on behalf of the l e and with me today is Joe o' Conor and Chad Adams the managers who were present regarding thank you very much I do see them both on the screen and who is present on behalf of the Boston Police Department um absent detective canel or um officer Lucas Lieutenant detective Troy thank you lieutenant SE of Troy are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning uh can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I do I do thank you lieutenant Troy if you could please proceed with the police report for us reading from police report written by uh officer Edward Lucas it reads as follows at 1:26 a.m on Sunday November I'm sorry October 15th 2023 officers Lucas and Scott responded to a radio call for a fight outside Mariel tent Post Office Square Boston on arrival officers observed the suspect uh iron bul manga standing outside the nightclub with a group of people banga had visible bruising around his left eye banga said the uh group of people in this company stated everything was all right and we're leaving officers further inquired and banga said that a fight broke out when another group inside the club got too close while dancing the victim denied or declined in Ms um officers then located witness octav um Octavio Valero who was also outside Valero stated that uh initially that his friend was struck in the face by a glass officers uh located the uh victim Mr Thiago DEA who stated that in this uh in the secondary lobby of the of the club um Mr D um Mr Dera had a laceration of of his left eye and some blood in his face Mr dcka denied being hit with a glance and stated that he was only struck with a closed fist Mr derus uh stated that while dancing he and others in his group uh were pushed by Mr bang uh banga during a scuffle uh con Mr deraco stated that he was punched in the head during the scuffle uh he was transported to mg Mass General Hospital uh Sergeant Downey arrived on scene and completed a licensed parents inspection for Patron on Pon there a supplemental report uh written by detective chameleon it reads as follows and 10923 see peuli um 1019 23 detective KY spoke to the victim Mr dck about this case after speaking to the victim the detective determined that the suspect Mr B banga will be charged with assault and battery 2653a victim stated himself the victim being Mr dooa and this friends were at CL Club Mariel at uh 10 Post Office Square he stated they were dancing in a reserved VIP section victim uh Mr Dera stated that a large group was next to his group he stated that the group is pushing up against him and his group uh he stated that the next thing he felt was getting punched in the head by an unknown suspect in the group um the victim stated the suspect who struck him was now on top of him from behind on on on his back victim stated he believes his friends and Club staff pull the suspect off him victim stated he could see feel and taste a lot of blood on his face and clothing victim stated staff members of the club assisted him with his injury when officers arrived they observed a male suspect in front of the club who had visible redness around uh suspects left eye the suspects stated that this would been Mr uh um Mr Bull manger uh when officers arrived they observed the male supect in front of the club with visible redness around the suspect's left eye suspect stated everything was all right and attempted to leave after further inquiries by Officer suspect stated that a fight occurred on the Dance Floor officers requested medical attention for the suspect in which he refused while outside the club on a sidewalk the witness Valero and suspect uh victim identified uh the suspect as a person who had struck him Witnesses stated that the suspect struck uh the victim with the glass victim denied uh that he was that while he was struck by uh he said he was struck by the victim's fist officers identified the suspect and released some of his own free will victim had a mediumsized laceration on his forehead that was leaking blood victim was transported in massr hospital he was uh uh traded uh suspect was charged assault and battery uh complaint to be issued in Boston Municipal Court that's the extent of the um incident reports thank you lieuten detective Troy uh attorney Hawkins would you like to address the alleged in yes thank you very much if I may just two questions for lieutenant detective Troy Lieutenant detective you have no personal knowledge regarding this incident correct I do not counselor thank you and the uh inspection notice uh one the question did the owner manager person Char cooperate with police the Box check is checked yes correct I see that and that's that's correct thank you very much no no further questions um if I may Mr Oak Conor please state your name and position for the record uh Joe Conor night like director thank you and were you present the night of the incident I was present I did not see the incident originally were you made aware of the incident yeah I met with uh Chad Uh Kevin both our managers and then also our security team as well how was the establishment staffed that evening uh we were fully staffed we had 12 security guards on um three managers so and based on uh your conversations uh can you explain to the board what you understand OCC yeah I mean similar to what the incident said a altercation struck out between two parties that were um side by side um when we saw the incident take place um stepped right in we separated the parties uh one party was brought outside the other party was brought to the lobby um we Chad had called um police immediately and um upon arrival we we you know had explained what happened and had had the um suspect and victim um talk with please the police report states that a witness claimed of glass was used but the victim stated that no glass was used is there glass wear that's used in the Mariel basement we we do not use glass we use like a hard plastic and is there video of the incident so we do not have video unfortunately it was an inadvertently deleted um we do we do um with with all instant reports we we take an employee statement um and we send video and archive it but unfortunately it was inadvertently deleted this time this meeting is being recorded and and I will address that um shortly no more no further questions for you Mr OK Conor want to make sure I can see Mr Adams you unmute yourself please yep could you please say your name and your title uh Chad Adams general manager and were you pres for the night of the incident yes I was and Did You observe the incident yes I did uh as Joe said a fight broke out between uh two parties they were in a VIP section our security quickly intervened and separated the two parties as uh they were separated the two parties I called the police and we kept the party separated in one in the bade Lobby and one outside and until the police arrived and then we I talked to the police that they talked to the police as well in your opinion from from being at actually at the Press during the incident was there anything that happened leading up to the fight no there is nothing leading up to it so there was nothing that indicated there would be something between these parties no didn't appear there was back and forth anything even verbal nothing that I could have seen or witnessed no thank you very very much for the record we do have an internal incident report and correspondence this was approximately six months ago that correspondence does note that the footage was being retained and attached unfortunately it was not um which we apologize for but we will submit that for the record we also have not been uh asked at any time for the footage by the police department and will cooperate in in any way should should this continue to move forward but to date we have not been asked for for anything further with that we're happy to answer any questions thank you are there any questions from the board starting with chairwoman Joyce thank you I don't have any questions just uh please forward the employee statement thank you commissioner current commissioner Saxon any questions um I just have a question about the the VIP situation that you've described um can you just describe it further for me with these parties uh like in the V IP area were they supposed to be comingling or what was what's going on there Joe you I just want to unmute yourself and kind of explain how the VIP H so sorry uh no two parties that were side by side so both in their own sections but um adjacent to one another and what are they supposed to be separated because um we've seen this in the past where these VIP areas when people are basically whole they're getting a VIP situation it becomes a friction point you know when uh adjacent parties intrude on the other area so did these groups have the expectation that they would be separated from the other group yeah I mean I for sure I think that they they they were booked a separate party so they came with that expectation um I mean we're open for we we rarely have an issue uh it sounds like there was just you know when they dancing on one another's you know from from the video it was hard to say but it looked like they were both kind of like I would you know rustling for space I guess between between the two sections which maybe um could be it but you know how we have the section laid out we haven't had an issue with um you know been open for four plus years and um you know I don't think it was the section as much as it was the actual guess Joe can you just describe for the the commissioner how what is the spacing between the VIP sections how is it laid out yeah so there's in these specific tables they're they're um so table I mean sorry couch area with a cocktail table in front of it and then about you know 15 feet away from that is another cocktail table with a um couch behind that um so there's a center area that you know I think that um you know generally has is is is you know free space with we have a staff member between it um to kind of keep those parties separate okay that that's kind of what I was getting at so you have the staff member in between them for sure all right is that addressed in this uh incident report like for me it that's the question is how do how do these groups end up basically up against each other with with the situation because like I said I've noted in the past that when groups are you know told they're getting VIP treatment they become very protective of what they've been told they've been guaranteed you know so it it's it's happened in the past where when there hasn't been adequate separation of these parties there there's been too many fights with VIP section so I'm trying to you know maybe maybe more for the future for you guys um what's being what H what was being done and what is going to be done in the future to you know not have this friction point for sure I mean we take we take definitely like the the the footprint of the space very very um seriously and delicate with how many people we put in the space um we're not trying to overload it and um you know obviously I think this is a bad snapshot of that just because of what happened but um it's not something that's ongoing and and for sure we'll continue to keep keep close eye of that and we can submit uh a copy of the the specific floor plan as well as an overview of how it how it functions and what what policies are in place to ensure that there's separation okay thank you no questions for me thank you thank you chairman anything further thank you the board will take this matter under advisement uh and please do forward the incident report uh and the floor plan and policies that you just mentioned and I'll make sure that those are forwarded to the Commissioners thank you very much thank you calling item number three paga Inc doing business as icon located at 100b Warrington Street date of the incident October 1st 2023 assault and battery Patron on Patron in violation of M and laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the licensing good morning Commissioners chairman Joyce and executive secary green mark leadis on behalf of the icon paga Inc uh I have with me today uh Kevin Montgomery who's director of security and sherro Resa who is the director of operations thank you very much I do see both on my screen who is present on behalf of the Boston Police Department I noticed detective Dugal was here uh yes I noticed him earlier in the day so I thought that he'd be on the list I I do see him on the list uh detective Dugal I'm just going to ask you to unmute if you are with us good morning detective Carl Dugal Boston police district one thank you very much for being with us detective Jal is it possible to turn your camera on so that we can swear you in perfect thank you uh and are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning okay can you all please raise your right hand do you start to tell the truth the whole truth and nothing but the truth I do I do thank you detective dual if you could please uh proceed with the police report for us yes at approximately 5:45 am on October 1st 2023 officer Lundy assigned the alpha 411 Alpha responded to 20 Vine Street in Charlestown for a victim who of an assault upon arrival officer spoke with Cassandra Herrera who stated earli in the night between the hours of 1 and 2 am she was assaulted by several individuals at Icon night club 100 Warrington Street Miss Herrera stated she was attacked from behind as an unknown person pulled her hair and started to punch her in the face Miss Herrera further stated she was thrown to the ground where the suspect was on top of her punching her in the face and head and slamming her head off the ground Miss Herrera stated there were numerous people they were punching her while she was on the ground after the fight was broken up and the suspect later identified as Kiara palomares was escorted out of the club M Herrera found a passport on the floor and identified the person in the passport as a suspect who was punching her in the face and slamming her head off the ground detective Dugal was assigned of investigate this matter detective spoke to the victim who was able to provide photographs of her injuries and cell phone footage of the assault the victim pointed out in the video who she was as well as the identified suspect the video depicts a suspect on top of the victim on the ground as each appears to be pulling one another's hair suspect is straightened the victim repeatedly with closed fists the victim was able to secure a suspect's passport which was dropped on the floor during the assault detective reviewed Instagram photos of the suspect as well as her licensed photo and a photo from Club icon's website which depicts a suspect wearing the same clothes as seen in the video of the assault detective is attempted excuse me attempted to speak with palis via telephone leaving a mail on October 23rd detective requested a clerk magistrates hearing at Boston municipal court for one count of assault and battery for Kiara palz date of birth February 19 99 additionally detectives Dugal and MCD responded to Icon at 100 Warrington Street at approximately 9:30 on October 6 2023 manager Kevin Montgomery accepted city of Boston license premise violation number 0088 for the October 1st Patron on Patron assault and battery manager was cooperative and signed violation which was issued in hand uh this issue is pending that magistrates Hearing in Boston Municipal Court that is all thank you very much attorney avadis would you like to address the alleged incident uh yes uh detective Dalal uh yes you were not at the club or at this uh the incident itself you have no personal knowledge of what happened that evening other than the testimony of the person who came into the station correct correct okay and when you delivered the uh violation notice the manager of the establishment was cooperative and helpful yes he was okay I have no further questions for the det thank you very much uh I have Kevin Montgomery who's director of secur security for the establishment Kevin are you there you have to unmute yourself please Mr M I've just asked you to unmute you should see something on your screen Kevin can you hear me Mr very strange happening with your audio we can try [Music] again okay maybe you should disconnect and reconnect again can you hear me now yes we can hear you now there you go just camera here you go thank you Kevin can you state your full name for the record please Kevin Montgomery and where are you employed uh p p Inc uh icon venue har night clubs and how long have you been employed there uh 15 years plus and what is your position there uh director of security and on the nighting question uh was there an incident this is October 1st 2023 was there an incident that transpired sometime around one o'clock in the morning yes and can you tell us what happened I was notified that there was a patient onpatient incident where a girl was attack was basically attacked by by a group that was on the dance floor so on that evening how many security Personnel did we have working uh 15 and can you tell us what transpired there after uh basically from what my understanding was is that um she said she was just walking by and the girl unprovoked uh just attacked we have to BU back and just start attacking her uh immediately our security jumped in separated the groups took the took the aggressor out outside and they left without any problem we had uh the victim who was attacked had so you took the instigating party outside to deescalate the situation correct absolutely and the victim was held ins side in the lobby yes yes she was and did you offer her any type of help we offered a medical attention she Deni any medical attention um she just wanted to wait for her friends she gather her friends together and waited there for a few minutes and then she left and was there any other incidents after that no and were there any other incidents in the establishment that evening no thank you I have no further questions Mr Montgomery okay thank you do you have any questions for Mr Resa before we move to questions from the board not at this moment no thank you we will see if there are questions from the board uh chair Roman Joyce uh was the police called by staff or management no I don't believe so and why was police not why were the police not called that just that mistake um Laing was just laxing judgment to be honest because that happened so quickly we was de escalated and we still in the middle of of the of the night continuing so was just a mistake what is your policy about C calling the police if we have any incidents then we call the police Ando ambulance is 911 okay so when the woman was on the ground being punched by multiple people how many staff were right there uh initially did was two and how many staff you might have said this already how many staff were working that night 15 so two were helping the woman being punched On The Ground by multiple people 13 were not and not one of those people called the police well it would be none of that it would be none of their job to call the police police to be called by the management by the management team okay where were they they they they actually responded to the call to not to the call to the incident so there was he was in the middle of separating everybody okay so to me that's a you need to work out that um Staffing situation if the only two people that can call the police are the ones taking um the multiple people fighting a woman on the ground taking the aggressors off there's a problem there okay I'll take that in consideration thank you commissioner sax do you have any questions I do see Mr reso with his hand raised Mr res was there something you wanted to add yes if I may uh Madame chairwoman this in regards to calling the police uh it is our policy it has been our policy and uh we've actually found out that our our staff in their mind thought that they were not supposed to call the police for uh it was like a taboo and we had to sit there and say no no no no we need to call the police and we're you know it's it's so we've tried to change that culture of uh not calling the police and change it to we are calling the police at any uh any given situation that requires it unfortunately that night uh By the time everything happened they lacked that and our apologies for that I do want to point out that we have the we have normally officers right outside of our door um so there's always a police presence in our area thank god um but you know as I said we lack that uh we lack that judgment that night and my apologies for it it sounds like it's not just that night if the staff thought it was taboo to call the police how often do you have no ma I meant that in the general in the general meetings that we've had over the over the time and we have you know it's been a revolving door with with employment as you know uh so we do try to retrain our staff often and remind them of the basics and teach them the basics and train them on the basics but I want you to know that our culture is we call the cops we call 911 the moment something happens that that's our how often would you say you train the staff uh we try to have monthly updates on just be on just you know protocol and procedures and dealing with the the customers I mean we have meetings almost every night before the night starts you should include calling the police in all of those meetings yes Madam chman especially if it's a revolving door with staff it should be reinforced every single shift yes ma'am commissioner Caren yeah just um to jump on the revolving door I mean do you have standard I written materials that you give to new information absolutely absolutely I meant that word of revolving door just no I we understand I mean the the employe employment situation in your industry is difficult and you you do have a lot of turnover you know that's un understandable but when you bring on a new employee is is there written materials that you give as a standard measure to onboard them right if I absolutely sir so my understanding is because I was part of the drafting of there is a rules policy procedure manual that every new employee must uh is given upon hiring and signs uh that they have received and read and within that manual there are specific guidelines as to uh their employment and if something happens at the establishment that they are supposed to call the police immediately whether that's a person reporting a missing pocket if there's an incident uh regarding a health incident or an incident like this particular incident so all the employees have that written policy I think what Mr Montgomery was saying is on a monthly basis they have a meeting with all the security staff to go over a course so to speak as to IDs when and how they're supposed to be operating in there deescalation of force and problems within the establishment and uh to be honest with you I think they've been quite successful in this this particular incident they should have called the police they're acknowledging that and it just slipped through the cracks okay um yeah I just wanted to go over you know what the onboarding the written material was so I'd be happy to send you the portion of the I can take your word for I don't know if the other Commissioners uh I would like to see a copy of the the materials that you share with staff so we can have it on file absolutely my concern is that um you know efforts have to be made that the per the the new employee does actually read it all the way through and understands the the entirety of it so that would be be my final comment on that thank you thank you thank you commissioner Saxon any questions yeah nothing more to add I think you know just to bolster uh the other commissioner's thoughts make sure the training plan is executed well so that everyone is a bre on the culture of calling the police thank you chairman would Jo say anything further on this matter no thank you the board will take this matter under advisement attorney aades please do submit the requested rules policy and procedures manual we'll make sure it is shared with the Commissioners absolutely thank you very much thank you thank you calling item number four game on Fenway LLC doing business as Game on Sports Cafe located at 72 to 82 land down street date of the incident October 8th 2023 assault and battery employee on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the LC e good morning Mr Green Dennis qualty attorney representing the LC good morning Madame chair and commissioner with me this morning Gerald Colbert assistant general manager Frank Hart and ktina chopines who's the risk manager for the Lions group good morning good morning thank you I see all three uh who is present on behalf of the Boston Police Department detective Gorman is present thank you detective uh is it possible to turn your camera on so that we can sweare you in I've just asked you to start video you should see something popping up on your screen there there we go thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning can you all please raise your right hand to use her to tell the truth the whole truth and nothing but the truth I do I do thank you detective Gorman if you could please uh read the police report into the record for us okay at about 12:5 a.m. on Sunday October 8th of s milin as well as uh ational responding units responded to an assault and battery in progress that came on on four Jersey Street in Boston additional responding units were Sergeant Jefferson officers langum and Dober as well as officer Allen upon arrival approached by the victim identified as Michael gond in front of the above address Mr galfond was actually bleeding from the left side of his head self applying pressure with napkins EMS was requested to the scene at that time the victim reported that he and his friend witness Victor alot were shooting basketballs while playing an arcade game in the downstairs Lounge area of game on gound and Al Cody reported that they were shooting basketballs from long distances causing the basketballs to bounce away from the game into the bar area Galan reported that he was approached by the suspect later identified as Dante Beal who was working as a bouncer for game Mr Beal instructed both parties to leave the bar due to the disturbance they were causing when shooting the basketballs Mr Beal and another unknown bouncer assisted both parties to the Jersey Street side of the entrance to the bar victim reported that After exiting the bar Mr Bill pushed him and Mr Gan responded by pushing him back Mr Gan reported all parties involved were arguing with each other at this time he reported that uh Mr Bal suddenly used a small black flash to strike him in the head he reported that the suspect bill then immediately ran into and away from gind back at the bar the uh El Cody the witness reported also that he witnessed uh Mr B strike Mr gound in the head using a flashlight in his right hand the U Mr Beal reported to officer Allen after escorting the parties outside the bar that y started arguing and grabbing Beal Bal reported that this led to the physical altercation with gon he reported that he did have a flashlight and a radio in his hand at the time of the incident but did not remember striking Galan in the head he also reported that he did not remember which bouncer was with him during the incident the manager of the bar at the time was identified as Gerald puber he reported that he did not know if Galan and El Cody served alcohol at the bar both parties did appear to be intoxicated and admitted to drinking throughout the T night Galan was treated and transported to the Beth Israel Hospital by Boston EMS and EMS reported that the victim had an approximately onein laration to the left side of the head and that would require sutures Sergeant Jefferson did conduct a code 35 and issued a citation to the bar body War cameras activated during the incident I conducted a followup excuse me uh I follow spoke with Mr Galan via telephone he did state that he had received three stitches at the hospital and experienced lightheadedness for about a week after the incident I did review several surveillance videos that were provided by uh the risk manager of the Lions group a video taken in the downstairs area appeared to depict Mr gulon being escorted out by security when he stopped briefly to speak with a friend and then the security staff member later identified as Dante Bal shoved Mr galon from behind I reviewed body warn camera uh video of officer Allen which did show Sergeant detective speaking Sergeant detective jeffon speaking with Dante Bal he did state that he was holding a flashlight and a walkie talkie in his hands during the portion of the incident that occurred Outside The Establishment Sergeant detective Jeff Jefferson did asked Mr Beal whether he thought whether the flashlight or walkie-talkie came in contact with the victim's head and he stated it's possible an exterior video provided by the Lions group did show initial physical confrontation between Mr Beal and an acquaintance of Mr Gund that began on the sidewalk and then spilled onto the crosswalk area of the street with what appeared to involve an additional member of the security staff as Mr Galan approached Mr be immediately grabbed Mr gound and Strikes him several times it appeared that Mr Beal was holding a flashlight that was on and illuminated in his right hand when he struck Mr gound around the area of the of the head as a result of the victim and witness statements and statements made by the suspect as well as a several surveillance videos showing the interactions between Mr Gan and Mr Beal I sought a criminal complaint against Dante b in a request for Clerk's mate hearing for charges of assault and battery by means of a dangerous weapon which uh currently that uh magistrates hearing is pending uh in rxy District Court thank you detective Gorman um attorney quilty would you like to address the alleged incident if I may if I just a couple of quick questions for the detective good morning detective um good morning did uh the staff cooperate with you in your investigation of the incident yes they did and was it uh I think your report indicated or one of the reports that the video was given to you by the Lions group uh ktina Corin was with us this morning is that correct correct okay and you Ju Just A a question you you didn't see the actual incident you did review the video correct okay thank you um I I have no further questions for the detective thank you very much sir um May I Mr Green I just wanted to ask Mr Colbert you may um Gerald Mr kber are you with us yes I am yes you are and just having been sworn would you state your name for the record please and what uh Gerald culbert and what your position is with the lensey I am assistant general manager at gameon all right and were you on duty on the night in question yes I was and are you familiar with the individual Mr be yes okay um can you tell the uh the uh the board what you observed and what you did so I was actually in the office at the time of the incident um it happened very quickly by the time I was informed the police had already arrived and I went upstairs and met them and talked with them okay and to your did you cooperate with the police yes okay and do you um did did you see any uh striking of anyone with a flashlight me personally no that night I did not okay um did you with regard to um Mr Beal uh do you know how long had he been working for the establishment at the time in question I roughly six months around that time okay any other incidents that you're aware of that he was involved in no and as a result of what did occur that night what what happened with regard to Mr Beal uh he was terminated okay um and um were you present when the uh you were not present when the officers arrived you observed it on your the camera from downstairs yes yes and um when you went up you really you knew that the police had already been called they were already there is that correct correct yes and did other um other members of the establishment interact with the police as well at the at the time you were up there I believe they were talking to Dante at the time okay and are you aware uh the incident um was captured on video at least certain portions of it and yes you're aware that that video was turned over to the police department yes I am okay um and with regard to um how your staffers are trained uh can you tell the board uh what is done Visa training and is there a actual training occurring in the in the immediate future at The Establishment uh we actually it's funny you said that we actually just had a big security meeting and training session last night um we have nightly meetings after all the shifts so it's pretty pretty well informed and at the at these meetings are matter such as how employees are to handle customers uh how employees are to uh remove uh Rowdy customers Etc is all of that addressed yes absolutely and what is your policy with regard to an employee you know striking or coming in contact with a customer that's never allowed at this establishment and is in that regard is this why Mr Beal was was let go yes okay all right thank you uh sir the board may have some questions for you thank you do you have any uh any questions for your other Witnesses or are we moving straight to questions from the board Mr hard is that Miss Corin you know literally Gave Over the video to the police department I think that's was sufficiently addressed in the report itself um Mr Hart was there I'm not certain what additional interaction you have Mr hardy with us yes I'm here okay and um you've you've heard um uh Mr culbert's testimony do you have anything to add to that as to what You observe that night no no sir okay all right thank you sir no further questions Mr Green thank you we will move to questions from the board uh chair go any questions uh how long would this group of male patrons here are shooting basketballs and playing video games yeah I do I I think um Madam chair I think Mr um Mr Hart and Mr cber could answer this question our our understanding is that they were causing quite a disturbance shooting the basketballs kind of throwing them around the room and people were in danger of getting struck that's what led to the initial confrontation if you will to get ask them to leave the staff thought they were just being very uncooperative and unsafe for other customers that's what I'm trying to get out how long were they in the premise were they served alcohol how long were they allowed to shoot the basketballs randomly like that causing the disturbance gerl Frank gentleman do you guys know how long they were there do I have any idea I off the top of my head I do not but was is it to your knowledge was the reason for them being asked to leave the shooting of the basketballs around the room yes absolutely okay right Mr Hart do you know how long they were there I'm sorry just I'm having trouble with my audio okay I'm sorry whether were you able to hear me I just wonder whether you know how long these individuals were shooting the basketballs around the downstairs no can you hear me Frank okay can I you repeat the question please yeah yeah do you know how long these individuals were shooting the basketballs around uh downstairs before they were asked to leave I do not okay all right I'm sorry madam will container do we have any idea do you know I can't speak to when how when they came to g game on uh I did a narrative of the surveillance and um the surveillance starts recording them at about 12:35 am. that's when we see them in the uh arcade area shooting the basketballs okay and um security staff one who's I'm reading from The Narrative who um that is Dante Beal and does he still work there no he was terminated that night how long did he work there uh I believe uh Mr uh Jerry answered that question but I believe it was six months six months yeah it was around six months and he was terminated that night yes thank you that's all I have missionar um so my question is really related to another person in the video that is wearing all black is he a staff member but he doesn't have any writing on uh in the description of the narrative uh there is I do outline a Caucasian male wearing a black short sleeve shirt dark jeans and Dark Knight sneakers I he's not a staff person he's a he's a patron yeah no I'm I'm looking at him gentleman he's um long long black pants long black sweatshirt no writing on it but white sneakers see you an employee so uh I don't have the video pulled up um can you tell if you're reading from The Narrative can you I'm looking at the video okay is this someone outside at when the this is outside yeah so there are there are two staff members well two staff members identified outside one was wearing a white shirt uh a white sweatshirt uh a baseball hat and black pants and then there was another staff member who was wearing a black shirt in uh black all black okay yep I see that all right was there any uh question raised about their posture in this uh altercation because definitely I I had a note of the white sweatshirt I didn't actually didn't know he was Employee but the black sweatshirt I mean I'm watching it and he doesn't seem like he's defending anyone he seems like he's taking offensive position here he he's going after and then they go off off uh off camera to the right the the initial person the the um acquaintance of the the alleged victim I don't know katin are you able I don't have not we not I don't have the video pulled up I can't watch the video from where I where I'm at my general question is was there any other was there any thought put into the the actions of the other employees in in frame here not just Mr Beal I mean do do we know for certain that that person is an employee I'm I'm not certain as I listen to this whether there were two there were two employ identify these two people as employees so from what I I I mean I was doing this last watching the video last night so there were two game on staff members outside one was wearing a white sweatshirt and black pants and the other one was wearing uh all black y uh when the altercation starts outside there is a patron in a white T-shirt with light jeans and reddish hair yeah in the pollution report he's described as the acquaintance of the uh noted victim yeah yes um I believe when I watched the video um and tried to narrate narrate what was taking place uh at one point there there was pushing and shoving between the acquaintance in the white shirt and Mr Beal um and it got in I'm going to use the word intense uh and the two staff members white sweatshirt black sweatshirt came in and tried to separate everybody and at one point Black the man in the black sweatshirt uh has um blocks the as salent friend I'm sorry the victim's acquaintance uh to get him out of the way and kind of keep everything separate that's what I that's how I interpreted that okay I'm GNA have to review the video again but I just wanted to basically give ask and give you qu a chance to answer whether or not uh any other employees conduct was called in a question here but I'm going to have to review the video uh closer and in full size so that's all have at the moment thank you commissioner Saxon any questions yeah I'm just trying to follow the narrative so um from the be from the time that the um the victims were recorded at the basketball net um how long does it take for the the staff to come over Dana can you tell you seem to I'm looking at started yeah I'm looking at so the video starts recording at about 12:35 uh I want to say I'm trying to do the math uh 12:39 is when security and that is Mr Beal comes over to speak with the patrons and I mean I understand in the police report they're describing that they were throwing the basketball really hard um they were purposely throwing the basketball at the game they were climbing all over it they were um when they were when they were exhausted all their temps and around with the baskets they climbed on it they um pressed some they reached over it climbed into it threw all the basketballs out um and they did this several times they were also kind of messing with some area that they they were messing with some sort of uh dividers were set up to uh block a storage door a door that led to a storage area under the sale under the sails and they're like messing around there like they shouldn't have been doing what they were doing yeah so just what what is the the security policy um like you know do they are the security supposed to pass through every few minutes um is there security supposed to be stationed there like what is the plan around the basketball area perhaps uh Mr Colbert can you answer that yeah so usually security is stationed in that area about halfway down the ramp that leads into the downstairs area so if these if he's watching the crowd he doesn't always see the basketball area right away because we kind of have a pole in the middle so my my guess is he stepped over and saw that they were messing around with it and that's when he he approached them has your security um plans have changed since this incident what was that I you broke up for me all right has the security plan changed uh based on this incident have you made any improvements um we kind of put them closer to the top of the ramp so they can see everything and Mr Cobra was this specific incident discussed in your Saturday in in your recent training yes it was okay to made people aware that they have to keep a better eye on this area given that someone could throw a basketball and hurt somebody yes absolutely okay thank you are there any further questions from the board at this time I'm really sorry I guess I'm gonna just ask for more clarification from um Miss ppines yes did you say that when you were watching the video outside that one one person in a black shirt was a patron yes there is a there is a person in a black shirt that is a patron I don't know if they were he was an acquaintance of the uh victim and the victim's acquaintance but there is a person out there in a black shirt with black pants that is a that appears to be a patron not a staff member can I give you a time stamp and maybe you could get back to me and so on the video that is outside it's time s 004 55 right so I have a this is a second I have it paused and if you pause it there in the top right hand corner you'll see strip shirt that's the alleged victim right yep then I see three men I think right next to the stripe shirt is Mr Beal and then I see three men in a row black shirt then black shirt kind of closest to us white shirt next further away another black shirt next further away and then miss uh the alleged victim's uh acquaintance with the reddish hair so this is the whole group I'm seeing if you could tell me who you believe these people are maybe sometime after the hearing I would appreciate a write up on that that see okay I have four men here and so three of them I don't know who might be I think you're what you're saying is two might be employees and one might not be so if I could get your opinion on as what you're seeing right at that moment I'd appreciate it and so the time stamp is 00 455 yep do you know is this all from I don't know if you can one your looking at it if you can see the camera's name is it D16 do you know if when you're looking at it if if it actually shows which C which which camera sorry uh it the beginning of the video title says D16 underscore and lots of numbers okay do you know does it if you can see the full number do you know if it ends with like 515 yes okay all right I just want to make sure I'm looking at the correct camera time slot commissioner we continue we'll s we'll prepare a an email and send it around to to the board we'll send it to Mr Green yeah and then he can disseminate it to the Commissioners perfect that's okay with everybody thank you I appreciate it great thank you anything else from the board at this time hey we will await that right up from Miss Corin as soon as I get that I will distribute to the board board and with that the board will take this under advisement for now thank you thank you calling item number five laka El Gordo Inc doing business as PA located at 280 to 306 Washington Street in Brighton date of the incident October 8th 2023 assault and battery Patron on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny hi I'm the owner of the restaurant I wasn't here the day of the incident however I have my employees here with me who witness the incident so I'm going to defer to my to Liliana morphe to explain what happened that night thank you thank you very much and if you could just please identify yourselves for for the board just your name please good morning everyone my name is Liliana Murphy um I work at paika restaurant for the past three years um and on behalf of Pik restaurant I would like to give you an explanation of what took place uh that night of the incident thank you we'll get there in just a moment for right now we just need to identify everyone who will be testifying um thank you and I'm sorry Kusa is that your name if you could please just identify yourself for the board as well yes Kusa Valente thank you very much and who is present on behalf of the Boston Police Department Sergeant McGloin is not present Lieutenant detective Troy Troy thank you very much uh and are there any other individuals with firsthand knowledge of the ill incident who wish to testify this morning yes Andres Montiel and Jose poano uh thank you is can you please turn your camera on so that we can swear you in thank you uh can you all please raise your right hand oh sorry Wilber excuse me what's your name Wilber last name Orana wi Orana I'm the bartender thank you I'll ask again are there any other individuals with firsthand knowledge of this alleged incident who wish to testify can all those who plan to testify please raise your right hand thank you uh Andre if your right hand please thank you do you swear to tell the truth the whole truth and nothing but the truth I do thank you uh Lieutenant try if you could please read the police report into the record for us certainly reading from a report uh written by Sergeant Francis mclin it reads as follows about 12:25 and am on October 8 2023 uh Sergeant mofin along with various officers from district 14 responded to 304 Washington Street for a fight um on arrival of the officers the suspects were already gone ser mlin and officer Kelly went to see the manager uh Andreas Montel U Miss Montel stated that a fight had broken out between two patrons staff at the bar p uh ushered the two combatant out the back back room towards the front door said that it appeared that the two patrons knew each other uh Sergeant mcglen wrote a a code 35 violation for Patron on Patron assault uh he also suggested that the video be preserved and the sales receipt to see how much the suspects were drinking it's noted that the manager was very Cooperative with the officers that's the extent of the police report thank you very much would the LIC e like to address the alleged incident okay so as I said before my name is Liliana Murphy I've been here for three years and I've never uh witnessed any similar situation as of this date um so the night of Saturday October 8th 2023 um I'm going to refer to these suspects as Patron a and Patron B because we don't know their names uh so Pat a arrived at approximately 11: 10 11:10 p.m. um he ordered a beer he ordered a henan uh the exact arrival time of Patron B is unknown however there is a ticket that shows that at 1144 um they these two individuals order one mojito and one Corona one beer on the same ticket so um I would like to point out that by the time that these individuals ordered their drinks they did not appear intoxicated uh we have been trained by uh by this restaurant um and and we know how to determine whether we can serve alcohol or not uh they did not appear Intoxicated by the time they ordered this rings so both both of them appear to be chatting away they seem to know each other however minutes later both individuals began to AR arue um so my colleague Wilbur the bartender who was here with me he requested my assistance um as he was concerned the the discussion was growing a bit louder and began to disrupt the peaceful environment of this restant so I decided to seek uh help from the security staff um I our security Personnel immediately responded to my request and he approached these individuals uh which they continued to argue um and the security staff made the decision to remove them from the from the establishment at that point we decided it was best uh to call the police uh for the safety of of our customers um and and they decideed to leave and then once we called the police they decided to leave um and that's that's what happened that night thank you anybody else on behalf of the l e u like to provide uh further testimony before we move to the additional Witnesses who are with us miss Valentina Mr Oriana anything further to add for the board uh Mr Monti do you have anything you would like to provide uh that's order to the board um no is just is the same uh statement that my as my uh employee again the maner yeah thank you and Mr palano was it um Jose is there additional testimony you would like to provide to the board correct uh you know I've been customer of pias for a while I usually go with my family and everything uh the N the night of the incident uh you know I was uh I was coming out out of the bathroom uh when I saw um the the security person uh tried to escort uh the the individuals out of the the building um what it what it shows it was basically you know um he was very combative uh and his friend was trying to you know jump in the neck of the the security person so basically what happened was uh I noticed that you know the security person was struggling with both uh I grabed one of the guys just tried to separate it and basically I took him out of the security guy and I bring it to the front of the of the establishment and um you know uh the security guard or the person security um decide to you know control uh the person when was um uh they told them they was going to call the police they decide to just leave and after that it was nothing else that you know uh there was any other inoc great thank you very much uh anything else from anybody who would like to specify before we move to the board for questions okay we will see if there are any questions at this time chair Roman Joyce thank you very much I don't have any questions commissioner car or commissioner Saxon any questions done for me thank you no questions thank you thank you all for being with us this morning the board will take this matter under advisement thank you thank Youk you thank you calling item number six the Boston Leo Corp located at 71 to 79 Warrington Street date of the incident January 27th 2024 assault and battery employee on Patron in violation of mass gener Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lensy I I do see George civas with us who I I do know is is part of this licy Mr civas are you able to hear us okay here I am thank you can you please identify yourself with the board me George Kus uh General Manager on a license thank you and I have just asked you to uh share your video as well so that we can swear you in thank you we can see you now uh who is present on behalf of the Boston Police Department s detective William Gallagher if officer Bowman's not here thank you Sergeant SE of Gallagher uh are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning can you both please raise your right hand do you s tell oh sorry we have two other individuals uh who have just joined and are on camera can you please identify yourself with the board yeah Charles delpo javanni Gan thank you and can you both please raise your right hand as well can you all please raise your right hand all those who plan to testify thank you do you swear to tell the truth the whole truth and nothing but the truth I do thank you s detective Gallagher if you could please read the police report into the record for us yes good morning sge detective Liam Gallagher Boston police I'll be reading a report that was written by Officer Tyler Bowman at about 11:54 pm on Saturday July 27th 2024 officer Bowman and Travis in the alpha 102 responded to a radio call from assault and battery in progress at the candy bar located at 279 Tremont Street Boston upon arrival officers were flagged down by the victim caller identified as Zang Zang date of birth of 102 1997 Zing told officers that he was hit two times in the face by one of the bounces of the candy bar nightclub officers observed zank to have a small amount of blood coming out of the hoop noose King zang's left nostril officer asked if Zang needed medical attention and he refused any medical evaluation or treatment Zang stated that he provided two forms of identification a Massachusetts ID an American passport in order to gain entry into the club Zang was removed from the club for an unknown reason by staff members of candybar after being removed is when Zang stated he was hit in the face by one of bouncers off then spoke to the bouncer involved in the incident that Zang pointed out to officers the bouncer was identified as javanni Guan date of birth 6478 Guan told officers that he allowed Zang to enter the nightclub as Zang was on his way past into cyar he gave the bouncer a hard time Ruan stated that Zang was accusing him of being racist toward Asians Ruan then asked Zang to leave the club due to his remarks a separate employee told officers that Zang was removed because he was wearing sweatpants Ruan then said that Zang made further comments including that he is racist toward Asians Ruan to saying that his daughter is Asian and he is not racist a verbal argument continued Ruan stated that Zan made comments about  his daughter Ruan stated that Zan shoved him and then shoved him back possibly striking him in the face the officer observed a video camera that belongs to the nightclub and asked if the nightclub had video surveillance of the incident the nightclub's I employ employee Omar beckles dat of birth 42864 showed officers the footage of the incident the video footage had audio but offices could make out what was said due to the noise in the surrounding area the video footage showed a verbal dispute on the sidewalk and the bounce of buan striking Zang in the face twice it was unclear whether or not Zang shoved the bouncer first because beckles of the camera's Viewpoint during the incident Zang told offices that he wanted to press charges on grion while back at the station officers observed further video footage from Boston police camera that showed zang's hands are down by his waist possibly in his Pockets while he was struck in the face Two Times by grion officers advised beckles to save surveillance footage from A1 detectives Sergeant plunet the alpha 91 and Sergeant detective Gallagher the Victor 929 notified for a code 35 license premit check body warn cameras were activated during the incident the second reports my reports a followup on 2224 at about 10:55 pm sge detective William Gallagher detective Eddie Hernandez signed to the license premise unit met with Mr Charles leido and Mr Terrence GS of candy bar to discuss the incident that occurred on 127 BPD report the last for that 7413 s detective Gallagher was provided a video by Mr pido which had been forwarded to the Boston licensing unit the video in question which included audio shows an altercation between a candy bar staff and a person who was denied entry into the club during that incident which lasted several minutes one could hear the person who was denied entry swearing at the staff member telling him that he was going to his daughter the staff member is then observed striking the mail in face Mr Tio formed s gallagan the employee who has been a longtime employee with no issues had been suspended in addition Mr depo and Mr GIS have brought the whole staff together to ret train them using this incident as a result of this incident Sergeant gallaga issued a license premise inspection notice number 01851 to the candy bar for assault and battery employee on Patron Mr Charles Depo signed for and acceptable notice that's all that's all I have thank you very much uh Mr cus Mr delpidio Mr Gillian would you like to address the El yeah Mr Delio will speak here um javanni has been with us since the year 2000 he works two jobs to take care of his wife and five children I took him off of this door for couple of weeks and like Sergeant Gallagher said we had meetings because of this incident to further let people know no matter what happens you still can't um you know the hardest job in the nightclub business is the front door they take they're out in the freezing cold rain the snow and you know they take complaints to bad IDs people come to the door and and and they have too much alcohol or they or anything and the employee take a beating out there from customers as far as verbal so on this particular night this gentleman came to the door and his ID which was a passport was questioned jaavan is an expert on all these departments and he looked it over and he said to the man yes okay this is okay you can come in so what happened next was that the gentleman started walking in and he started saying slurs like you're a racist to one of the doormen and and he just wouldn't stop so it sounded like in the report that the gentleman was inside the club and that never happened he never got past the front door um the comment that he made was terrible because Javan told him that he has a 11-year-old Asian daughter and he said I probably your daughter my God why would any man say something so cruel to another man I I don't understand that so yes did jaavan hit him yes he did I'm not going to say he didn't he did at that point when he made that remark about his daughter I don't know he he he it was just that bad of something said so the police came and and um he still didn't stop this kid he just kept on going on and on this went to Boston Municipal Court where the plaintiff never showed up they have to go back on May 15th for the final um I will say this about Mr guden he's been with me for so long I depend on him to do the right thing at that door and for all these years he has unfortunately this incident happened but this person was just looking for something to happen he just was not a nice man Sergeant Gallagher can I ask Sergeant Gallagher a question you may Sant after all the years that that you've been around and I've been around and you've been around on that front door with javanni have you ever seen javanni U rude or or or anything with any person uh no sir on our numerous occasions there over the last 10 plus years he's treated us respect and dignity and uh made us feel welcome as we've enter the place it's out of character from I I agree thank you sir uh I don't really have anything else to say that's basically what happened but this particular person would not stop until something happened and um you know realistically you know next time we will do something a little bit different and we were just hoping that he was just going to go away but next time I've informed everybody call 911 let's get the police down here let them remove this person so I apologize to the staff I mean to the board and I welcome any comments that you want to say thank you is there anything further that either Mr civas or Mr Ulan would like to add uh to provide to the board in testimony before we Mo the questions I have nothing okay we will move to questions from the board at this time Cher and Joyce any questions thank you thank you for the explanation for submitting the video I don't have any questions commissioner Ken uh I'm satisfied with the explanation I have no further questions or nothing to add thank you no questions for me thank you thank you with that the board will take this matter under advisement as well thank you I thank Youk you thank you have a good afternoon and you thank you calling item number seven UVM Inc doing business as biddy ear is located at 141 Pearl Street date of the incident January 27th 2024 overcrowding 72 on mechanical count capacity 57 in violation of Mass general laws chapter 138 section 64 and board's rule 1.03 J and 1.06 a and F who is present on behalf of the lcy thank you attorney green Madam chair Commissioners lese Delany Hopkins with the law firm of Prince LEL on behalf of the lcy and with me today is Sean moand one of the owners and managers thank you who is present on behalf of the Balon Police Department detective William Gallagher detective Eddie Hernandez if needed thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning thank you can you both please can you all please raise your right hand do you swear to tell the truth the whole truth and nothing about the truth I do do thank you Sergeant T of Gallagher if you could please read the police report record for us yes good morning on 127 202 4 at 10:25 p.m. s detective William Gallagher and detective Eddie Hernandez assigned to the license premise unit conducted a license premise inspection of bidy ear's at 141 Pearl Street Boston as detectives entered the premise they inquired witho staff as to the count staff responded 84 detectives also observed the group leaving as made their way inside B early's capacity and both the common vix and City Entertainment license is set at 57 detective Hernandez conducted a mechanic account of the premise which resulted in 72 persons being found detectives relayed their findings to the manager Mr Shan moan who stated he was trying to increase his capacity to a number that would safely fill the premise detective surv Mr Morland to reach out to licensing board and ISD for the increase as a result with detectives had observed sge detective Gallagher issued license premise inspection notice number 08098 to bidy ear is for overcrowding 72 found a mechanical account capacity 57 Mr moand signs for and accept the notice that's all have thank you attorney Hawkins would you like to address the alleged incident yes thank you attorney green if I may Sergeant detective was the license he Cooperative with you yes ma'am they were and in your experience have obviously conducted many of these inspections was this a life safety issue at this capacity uh as opposed to the numbers on the wall yes uh the premise clearly can fit more when we enter the premise we were given a number and when we G were given the number I was looking at the licenses I saw the capacity was 57 at that time I asked detective Hernandez to go down and conduct the count and he came back with a higher number but uh there's some issues going on there I believe with ISD and fire as to increasing the number so is it a safety issue yes but I mean the place could probably fit more thank you very much welcome Mr morand please St your full name and uh position for the uh Sean Mand bar manager owner bitty eares and were you present at the night of the inspection I was yes I was working behind the bar that night can you explain to the bar the board how you monitor capacity at the at the bar so we have a door guy Tuesday to Sunday nights as needed um we have them have a manual counter at the door um they keep count and me or uh another manager on duty will do spontaneous checks like here and there on the number just to make sure it's right and who was the employee working the door that night so that night was Brendan G he used to work for us he was filling in for our full-time door guy that night Brendan in a buddy a year and a half ago moved on to do uh 911 dispatch we just called them in to just work an off night for us and we're obviously not contesting with this with overc capacity what how did you allow that to happen that evening what you think the cause was uh I it's more it's because of conversations I've had with Brendan about us getting our P capacity uh upped we've talked about it we were in the midst of doing it during covid Co hit uh we didn't pretty much didn't follow through with it uh we have now we have all that paperwork submitted down to istd and the Boston fire at the moment and after being notified by the sergeant n the detective that you were over capacity what steps did you take that evening yeah we held the line uh we got the number to where it it it should be and that's what we did from there on out and have since and what steps have you taken internally to ensure this do not happen again uh staff meetings um make sure everybody that there knows the capacity number including the staff that's there is included in it um and make sure that everybody knows that that you know we're going through the process but the process has not been finished yet so we are still on the number that we have right and as you stated you are seeking an increase in in capacity with ISD and fire and then subsequently if that's approved with the licensing board are you making any proposed changes to the actual layout of this F no that's really not needed it was an I guess a number that wasn't fitting to the place we have we have got there's nothing's changed no no structural no tables have been moved no nothing it's just uh we just got another uh architect to come in and and and do just a regular uh layout of the place and looks like our number is submitted right now at hopefully 91 thank you for the board obviously uh the increasing capacity uh requested is subject to istd Fire and then if they approve obviously the board's approval we understand that unless and until all of those approvals are secured 57 is the number the staff has been reminded not only that it is the number despite any request that that also includes employees in addition to Patron so we made very clear to the staff that even though we would like to have a higher capacity we think the space can fit a higher capacity and and the architect that Sean brought on confirmed that would filed those plans of ISD at this time 57 is the number and we will continue to adhere to that so we apologize to the board for having to be here but we do take this very seriously and we'll be making sure that our employees and interesting with that we're happy to answer any questions thank you chairman would any questions uh just one question so you're seeking to go if approved from 57 to 91 and did the architect indicate that it to go to 91 you'd have to make any changes to the layout add any additional exits or anything no no actually the we can submit this to the board for your record you obviously will get it more formally if this is approved but based on the number of exits the number of washrooms and square footage we could get to the 91 number without any changes without removing any tables or any sort of structural changes thanks I don't have any other questions thank you commissioner K or commissioner Saxon any questions done for me thank you no questions thank you thank you the board will take this under advisement thank you very much you and calling item number eight McCarthy's Inc of Boston doing business as the puddingstone tavern located at 1592 Tremont Street in Roxberry dat of the incident February 1st 2024 overcrowding 87 on mechanical count capacity 73 in violation of Mass General Law chapter 138 section 64 and Boards rule 1.03 J and 1.06 a and F uh also persons under 21 in possession of alcohol in violation of Mass General Law chapter 138 sections 34A 34 C and 64- 64a who's present on behalf of the lcy uh Henry watch manager and owner of the bus business thank you Mr Walsh who was present on behalf of the Boston Police Department I am detective Hernandez thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning stive William Gallagher if need be thank you can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I do thank you detective Hernandez if you please read the police report with the record for us uh good morning good morning I'll be reading from police report which I wrote on Thursday February 1st 2024 shant detective William Gallagher and detective Eddie Hernandez assigned to the BPD license Prem unit conducted a license permit inspection of the pudding Stone Tavern as detectives walked into the establishment they reviewed the licenses and permits of the establishment detectives learned that the capacity of the premise is set at 73 persons detective Hernandez performed the mechanical count of the establishment discovered that the actual number of persons located inside the premise was 87 detectives then observed eight patrons drinking alcoholic beverages they noted that these patrons looked young and asked them to produce an identification to confirm their ages the patrons immediately stated that they were under 21 years of age and provided detectives their driver's licenses they also provided the fraudulent drivers and license they had used to obtain the beverages then it goes on to the eight indiv to speak about all the eight individuals that we had that night with their correct driver's license and their frauds and driver's licenses U they were summoned into court they will be summoned to the court for persons and T in position of alcohol and false misuse of an R&V document um detectives brought this attention these matters uh to the attention of the person in charge Miss Scott Mr Scott Prince as a result of what detectives discovered s detective Gallagher issued a license perit inspection notice 01 8057 for overcrowding and persons under 21 person while call on premise missprint sign for accepted the notice that's all thank you Mr Walsh would you like to address the alleged incident uh yeah yes um on on the the the issue of the overcrowding um we we accept that but it it was um we have a patio at the back of of our premises that that that has um a 16 people capacity and uh Nick who was uh at the front door and who had the count of 87 also when the the police officers asked him had some of the people that had come in earlier said that they were going out onto the patio so that there was a little mix up on his behalf on of the capacity and he he also we we have a um um a um an an ID scanner for for scanning everybody's IDs so the the the the patrons that did come in that that were under age had produced the defa IDS that that was um to get an entry to to buy alcohol but every everybody that comes in their their ID goes through the scanner um to make sure that they are over the 21 years of age where did you are you saying that you scanned all of these IDs and they came out as that's what Nick Nick has yeah they came out as being valid that's what he said yeah okay thank you anything further Mr Walsh before we move to questions uh no okay chairman Joyce any questions I have no questions commissioner curan any questions um what about this uh underage individual that did wasn't revealed to have a fake ID what happened with them um my I I'm not not sure what how how he may have had an ID on him to get to gain in um because as I say everybody that comes through the front door is has to show a valid ID to get in yeah do you have anyone who can attest that he presented a f ID and it scanned valid um I can I can um get Nick to um write you a letter because I I was not present on the night um I can speak to that I was there he did not have an ID he did not have an ID on him we checked him and he did he did tell us that he did have an ID that uh with him that was back at his dorm right so he did not have anything we made sure that he didn't have anything on it did detective Hernandez did you inquire the staff of whether they had the same opinion that he didn't present t they weren't sure he said he was not as go ahead we were we were told something by one of the bar managers that uh a lot of these kids might get here before the door man starts he might come on I'm just gonna throw out there 8 o'clock and there seem to be a good entrenchment of kids from uh the local colleges in there that were underage and they get there before he started I want to point out that as we were conducting our inspection with that back table uh the premise seemed to lose a good amount of people that observed what was going on but uh that's we were told that they might get there beforehand I'm not sure if that patio that back door is away they can get in also if they can come in through the back that's possible but I'm not even sure if that patio is a year round or seasonal but uh that was also thrown out there that the back duel might be a way that these kids can get in and they lost at they lost at least half of their uh clientele once they saw what we were doing so you guys arrived and half the patrons left yes well as soon as I realized what was going on in the back I think we noticed that uh while we were conducting business there half of their client all left um Mr Walsh uh you were warned about this uh not that long ago 2022 it was 2022 yeah yeah and and we did have the we had the ID machine actually then also but and at the time you were looking for um a a print out but at the time it it was only they would only save the the the images for two weeks so now I think it's it's up to the max maximum of 90 days it's the ID science M scanner yeah so did you in this uh instance did you save all the information for us it should be on on the computer yeah yeah but I mean that goes back to my question about whether this um Mr panata was scanned I can check you know but I don't I'm not sure if if if he told the police um um yeah I mean we've already you know that's what I'm getting getting at we we've gone over this not that long ago about what information we're going to want for you want from you on on these instances you haven't checked uh no I haven't checked yet no okay I mean that raised for me are you hand are you like how serious do you think this matter is well it's very serious I mean we we we we um we don't want to be serving underage people but we are in in in um um um student area and um with the scanner we get it updated it's it's automatically updates and but did didn't the previous incidents call in a question the the reliability of your scanner um it's it's not the reliability is but but the the younger patrons they they have um valid IDs from brothers sisters um these these were all fraudulent right the these weren't no they had they had um IDs that stated they were over 21 that went through the scanner yeah but they weren't they weren't valid IDs that they acquired from somebody else and that they were using right these were completely fraudulent IDs yes sir yeah um Dr Ive Hernandez how good were these fraudulent IDs they're just like the same ones we see all pretty much all the time so there's ways that you can that you know a bartender or server can verify and check even without a scanner that there's ways yes but their scan is really not that good just unfortunately anything further from the board on this matter just Mr Walsh you're hearing from the detectives and from the board that no one thinks your scanners that good and that these weren't sophisticated fake IDs so it might be something you need to think a little bit about investing in especially given that you're in a college neighborhood yes we will not be looking at this you know lightly yeah I know but we we the scanner we have is the um ID science scanner which is supposed to be the premier of of scanners out there we can come by with some IDs either tonight if there's if there's someone there tonight with yes a whole of IDs we can go through with you I don't remember that night if we scanned IDs it was my impression like I said that these kids got here before the door gu started but if there's someone there tonight so we can come by tonight and uh just go through the ID scan for you yeah perfect we'll see okay yeah okay thank you it just seems Mr Walsh you have multiple holes in your situation here between the scanner the back door patio situation which I think you have to cover or the you know the door person coming on at a certain time and people may be sliding in before that time I mean you you know you need to empower your entire staff to see an underage person and everyone who works there should be able to confront these people and not just rely on the idea that they might have been uh checked by someone at the door okay Mr Walsh this was this occurred not too long ago if you have the printouts of how they scanned the receipts and you want to send them to the board for us to consider we will okay thank it's been less than 90 days so yeah I would imagine you have them that would be helpful to your cause today okay thank you anything else from the board on this matter okay Mr Walsh please do send those ID scans uh to the board to licensing board at boston.gov I'll make sure they get to the Commissioners and with that the board will take this matter under advisement thank you thank you those are all the matters before the board this morning that we'll adjourn uh today's hearing the board will vote Thursday morning at 10 a.m. thank you all and enjoy the rest of your day thank Youk you