good morning we will give just a moment to uh clear the waiting room and make sure that everyone has connected to audio and can hear us and participate as a reminder when you are entering from the waiting room please do remain on mute unless or until you are appearing or testifying before the board good morning this is a hearing before the licensing board for the city of Boston today is Tuesday June 25th 2024 today's hearing is being held pursuant to 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 good morning my name is Kathleen choyce I'm chair of the Boston licensing board today I'm joined by commissioner Liam Karan and commissioner Kiana Saxon thank you uh one piece of scheduling housekeeping before uh we review procedural matters for this morning uh this week the board will meet to vote tomorrow Wednesday June 26th at 1 pm. rather than on Thursday notice has been posted to the city's website again the board will vote tomorrow at 1M rather than on Thursday as typical please ensure that your audio and visuals are working properly for this morning's hearing 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 first hand knowledge of the alleged 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 only to those individuals with firsthand personal knowledge of the alleged incident begin with the first item on this morning's agenda item number one Boston Ballroom Corporation doing business as Royale at 279 Tremont Street date of the incident October 21st 2023 assault and battery employee on Patron in violation of mass gener Law chapter 138 section 64 and chapter 265 section 13A and assault and battery Patron on employee in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the leny oh Mr gas I see you speaking but you're on mute I've just asked you to unmute oh there we go George cus and uh Matthew McConnell right thank you both for being with us who is present on behalf of the Boston Police Department Officer Giblin thank you are there any other individuals of firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand thank you do you swear to tell the truth the whole truth and nothing but the truth I thank you officer Giblin if you can please read the police report to the record for us about 244 hours on Saturday October 21st 2023 officer Giblin assigned to the alpha 436 Alpha responded to a radio call for a report of an assault and battery at Royale nightclub 279 tremon Street Boston operations informed the responding officer that a female victim reported being assaulted by another female while inside of the club upon arrival officer Giblin met with the victim identified as keandra pulling she stated that her and her friends were inside of the club when one of her friends Maya janicki closed her eyes she stated that they were then approached by Club security and were asked to leave the club because security believe that Miss janicki was sleeping Miss pulling stated that she attempted to explain to security that Miss janick was not sleeping but security was not listening to them she stated that as security was escorting them out of the club a black female security guard who Miss pulling stated that she believed her name was Sarah was very aggressive towards her and her friends she added that when they were near the stairwell the leading downstairs the female security guard shoved Miss pulling and Miss janick to the point where they almost fell down the stairs once they exited the club Miss polling stated that the female continued her aggressive behavior and began taunting the females by sticking her tongue out at them she then notified police of the incident officer Giblin then spoke with Mike Rodriguez Security Supervisor for the nightclub he stated that his team did approach the group of females ask seeing them to leave because they did observe one of the females to be sleeping he then added that while the while the group of females was being escorted out of the club one of the females swung her arm towards his female security staff member he stated that in response to the attempted battery his staff member shoved the female he stated that he believed the female that attempted drike the female security guard was Miss pulling when asked by Officer Giblin who the female guard was he stated that her name was not Sarah but quote Riri he did not provide any further information the suspect was later identified as Mariah Johnson through internal police reports officer Giblin notified the alpha 910 Sergeant Downey who responded and conducted a code 35 license premise inspection number 0 60546 that's all I have sir thank you uh Mr cleis Mr McConnell would you like to address the alleged incident uh yeah there's a couple uh inconsistencies uh the the incident occurred at 2 o'cl they weren't being kicked out of the club they were just being asked to leave pretty much because it was it was after 2 o'clock in the morning um and at that time I don't know if you remember we we were in the process of transitioning the club uh security operations and uh the the camera systems which I I got you uh the board all that information um we also had a problem uh with some a few staffing issues my head of security uh was getting Cancer Treatments Michael B was going through Cancer Treatments although he was there that night um it wasn't even that busy night uh uh it wasn't an expensive DJ uh I don't think we we did more than 700 I think the count was 748 but so was was about 750 people that came through the doors um the the whole thing I mean the whole incident scorting them out started inside the club and they were they were asked to leave uh it it wasn't R's name is Mariah by the way it it wasn't uh her she was down at the path on at down at the bottom of the stairs by the doors um making sure people left uh you know if there was any TR traffic you know congestion issues with the stairs whatever you would let us know but anyway when this uh when there with uh my female security who's inside the club um she's about 411 I believe was escorting them out the girls were mou on off I guess to security and they were just you know hey it's 2:00 you got to leave the girl did swing around uh looks like she tried to hit um uh female security and female security put their arms out and pushed them back um this was all observed by Matt who's next to me uh he was at the bottom of the stairs Mariah came up the stairs and when when when this actual physical thing happened Mariah was standing on the other side and when the girl turned around that's who she saw so uh Mariah was never up in the club involved in this thing um the other issue is I wasn't even notified about any of this stuff like Mike Rodriguez took it upon himself to talk to the police and then I was called on radio later after about uh you know to sign the uh the report um I don't know there's not much else to say uh uh you know like I said I didn't find out about it until until uh uh the officers came to to give me a write up um but there uh there's so there's the inconsistencies baffled me a little bit but Matt um saw the whole thing uh you know uh is right here if you want to ask ask him a question um that whole the whole little incident that is I have some questions for you s though were the cameras this this was at a point on the stairs where my cameras went from the second level uh you can see the top of the stairs but then there's about a 10 to 15 10 foot Gap let's say like 10 steps where there is no camera right in that little stairwell and then at the bottom of the stairs there there there's a a camera where where they do path down so you have video of the of um this evening this incident no that particular part of the incident no because that that's a blind that was a blind spot okay great y so you're talking about inconsistencies but you weren't there and you weren't notified about it until you received the write up from the police so specifically if you could summarize in two one or two clear sentences what your Inc consistencies are since you were not there so this is what you heard from your manager as happened and you you're saying that your third party reporting tonight today is that it's inconsistent with the police report the well number one Mike rodriges is not a supervisor he was just a dman okay the doorman so you were the doorman's telling you that this was not what happened so now uh Matt who's the other dormant is telling me that the it the incident there was another person involved and all this is a soap opera it was Mike Rodriguez's wife who was involved in the incident and but Mariah uh was the one who uh was you know took that the girl said she maybe they got the they identified the wrong person I'm more concerned about a patron swung her arm at towards staff and then staff responded by shoving them that's my summary today is that yours uh yeah I don't know yeah that's yeah shoving pushing putting pushing the back is that normal response for your staff no well to protect themselves you want to keep them back but uh we don't we don't hit people um that that's not what we do I'm also concerned that you were not made aware of this in incident until you received the um the incident report uh so was I well Mike Rodriguez is not on the door anymore um I took him off the door uh and uh the chain of command is uh a lot clear now um even though well I don't like titles uh everything comes to me now I'm I'm you have that writing and you train your staff about that do I have it writing no we haven't done it in meetings that you know everything's got to go to be so for example uh the other night I we I saved the guy's life he took some drugs and I called 911 and we had our our staff uh one of my staff is a works in the fire department and uh the guy was uh uh had to be uh pretty much revived and helped until the ambulance got there um so right away they called me on the radio and right away I called 911 great so that's how it works now okay how often do you verbalize how often do you train your staff I'm concerned about there was possible Sal and Battery um by an employee on a patron and I want to know how often you've trained your how you train your staff in said you speak to them how often is it before he shift this is what I'm trying to get at I'm trying to find out about your management controls once a week sometimes twice a week you we're not open a whole lot right now but we like usually on a Friday or Saturday uh you know we we we brief uh all staff including penders about what the night's going to be like and then uh you know we go over uh simple things like you know you know see something say something uh you know uh if you have an issue what would you have done differently if this was brought to your attention I'm sorry if this was brought to your attention immediately what would your response have been I would have uh ran down the stairs and see you know try to uh just see what happened I mean it was two seconds and then it was done your staff afterwards did you write a report about it yes yeah was um I I wrote the report after I got the uh WR up from the from the uh the uh police and then and then and then you know uh this uh the Act was read into the the record today you know I got that you know later on I mean how it was how many it was like five months before I we got the initial hearing I think though that has nothing to do with what happened that has nothing to do with the breakdown of your management response yeah uh commissioner C commissioner Saxon do you have any questions uh I do what is the name of the female security guard that you say was swung at Aaron Rodriguez which is Michael Rodriguez's wife Aaron e r i n yes she know she no works here okay she decided how come you hesitated to name her and how come her name isn't on in the police report uh that that's was my concern I found this out from uh Matt who was sitting next to me that what he saw was the girls attempted to assault Aaron and Aaron pushed back and when the girls turned they saw Mariah standing right there because Mariah came up a few stairs to you know Assist um you know just you know to try to encourage the the group to to leave the way the girls made it sound was like they were kicked out of the club no the club was closed we were the police police are there on that evening do you have any idea why her name is why she isn't identified in the police report I have an idea yeah she because she was mik r us his wife he kept her out of it so he he failed to tell the police the the true story what happened Yeah well yeah he well he didn't see it either so I I he he was at the front door outside he never saw exactly what happened he just went by what the girl said there was a black girl and it happened to be Mariah so it was probably part of his ignorance that he you know he didn't know but um all right so all all the stuff he recounts in the police report he didn't see any of this stuff correct all right that's all I have thank you yeah thank you um what time did you get everyone out what is your your your closing time is 2 am 2 am yeah we and then we we give people about uh you know uh you know most people leave on their own we give at about 10 after 2 we start you know asking people hey you know can you finish up start making your way to the door please whatever I I do not let my my my staff start yelling at people to you know everyone's got to leave whatever I that that that's so unclassy do you everyone's out by two everyone's always out by 2:30 do you coach your staff about pushing or shoving or yeah you can't put your hands on people we we we we go over this all the time but um you know some people uh get caught in a moment I guess um I've been there 31 years I've never hit a single person while there uh thank God because do you have these kinds of um guidelines in writing for your staff yeah we we sent that over to you from the last hearing that happened incident that happened after this um which I sent all over to to the board all right thanks for the reminder thanks anything further from the board board will take this matter under advisement thank you thank you have a good day than you calling item number two 150 Canal Street Inc located at 150 Canal Street date of the incident January 1st 2024 assault and battery Patron first Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A he who's present on behalf of the lense e good morning attorney green Madame chair members of the board Dennis quilty attorney representing the lense e with me this morning is uh Nolan Hamilton who is the general manager of the license premises good morning thank you good morning who's present on behalf of the officer oal good morning detective great thank you officer oral detective Walsh uh are there any other individuals with firstand knowledge of the El incident who wish to testify this morning can you all please raise your right hand do you SAR to tell the truth the whole truth and nothing but the truth do yes thank you who will be reading the police report into the record uh officer O'Neal great officer O'Neal you may please proceed okay about 12:05 a.m Monday January 1st 2024 officers O'Neal and Perry in the alpha 202 Alpha responded to a radio call for an assault and battery in progress at 150 Canal Street Boston hurricane O'Reilly's on arrival bar staff directed us to the victim identified as Joseph Lions who had a large laceration above his right eye Lions stated he was attacked by a group of unknown white males inside of the establishment all with brown colored hair and all wearing dark colored clothing officers radio for Boston EMS over Boston police radio channel 2 for an evaluation of lions Lions was then transported by ambulance 815 to Master's General Hospital for further evaluation that that's a report thank you there is a supplemental as well yes sir detective Walsh on January 6 2024 detective Walsh and Canal issued a license premise inspection notice 17429 at 150 Canal Street Hurricane O'Reilly for Patron on Patron assault and battery manager Nolan Hamilton signed and accepted manager show detective video footage stated he would preserve it and have their vide Tech specialist downloaded to a USB I I did get in contact with manager um Nolan Hamilton who was very helpful uh in assisting us uh he did download it USB immediately and I did pick it up review the video which did show an altercation uh their video is very clear very good uh it shows the area that it happened uh it was a a male in a in a brown shirt assaulted the victim and I did get a screenshot of that send it out to area law enforcement for an identification wanted flyer I did try to reach the victim several times in this case uh phone calls and voicemails which uh he did not respond to so we were unable to get in contact with the victim at this point and that is all I have at this point thank you very much attorney quilty would you like to address the alleged incident just just just want to point out to the board and as the detective just suggested uh Mr Hamilton made one of the uh calls to 911 and the management did cooperate and provide all the information to the detectives when they uh came by The Establishment I think we did everything appropriate in the circumstances and uh certainly stand by for any questions the board may have thank you uh we'll see if there are any questions from the board chairwoman any questions do we have the video we do not okay ma'am I can get that over to you uh it was too large to send in an email I can definitely get a copy to the board okay great thank you uh commissioner car and commissioner Saxon do you have any questions um just for clarity um was there any kind of forewarning anything happening before the assault happened um noan Mr Hamilton do you do you understand the question do you was there anything going on with these people yeah no um it from the you know from what I saw in the video it looked like that group of individuals were you know congregating together the entire night um so um no um as far as um you know I know there was no like warning incident was GNA um break out like that so no okay thank you no questions from me thank you thank you the board will take this matter under advisement and when we get that video I'll make sure it's shared with the Commissioners thank you thank you thank you calling item number three gallway Inc doing business as the harp located at 85 Causeway Street date of the incident December 24th 2023 assult and Battery Patron on Patron and violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy good morning attorney green Madam chair members of the board Dennis quilty attorney representing the LC with us this morning Jamie Roberts who's the manager of record and Rob guest assistant manager who was on duty of the night in question thank you very much thank you who is present on behalf of the Boston Police Department Officer Lucas was uh um given to notice to appear but absent his presence Lieutenant detective Troy thank you lieutenant detective are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning can you now please raise your right hand you sure to tell the truth the whole truth and nothing but the truth yes thank you lieutenant tro if you could please read the police report into the record uh reading from police report uh written by uh officer Edward Lucas on December 24th reads as follows about 12 12 19 a.m. on Sunday December 24th officer Lucas and Scott responded to a radio call for a fight outside the harp at 85 Causeway Street Boston several other units from district one also responded including detective um Sergeant Sergeant Hernandez on arrival multiple Massachusetts troopers were unseen attempting to separate involved parties officer spoke to the victim uh Marcus rollei who stated that he was jumped by a number of individuals Mr roli stated that he not know the involved parties and B stated he was uh punched multiple times but declined the services of vems officers also observed suspect uh Brandon Hansen who was lying on his back at the corner of Causeway in Portland Street Hansen had a l laceration to his face and a swellen left cheek uh EMS were called for evaluation multiple people on scene were yelling that rambol was drump jumped by a group of people and he was struck multiple times all the individuals making these s statements were unassociated with either of the parties involved in the fight staff of the har harp also confirmed that the group of people had attacked roli uh many of which had dispersed uh the ambulance arrived on scene and uh Mr Hansen declined all all their services all parties left without incident Sergeant Hernandez issued code 35 um for Patron on Patron assault and battery a short time later Mr Hanson approached the uh the Alpha 202 wagon and request reedly call an ambulance to evaluate his injuries uh Sergeant Hernandez was also present during this interaction shortly afterwards EMS were called Hansen stated did he not want an ambulance Hansen made verbal statements to Sergeant her Sergeant Hernandez that he was Finding up what an ambulance to respond and just reading from the detectives notes on this it says um contacted the victim many times and the victim did not want to pursue the matter um in court so the CL case was inactivated that's the extent of the police report thank you very much attorney quilty would you like to address the alleged incident yeah if I may Lieutenant detective you have no personal knowledge of the answer you're reading from the other officer report is that correct that's correct councilman yes sir and um on that in the inspection notice it indicates management coopera with the police yes it does thank you sir uh for the board I just want to uh set the um the scene if you will this was one of I think it was two nights of sold out performances at the Garden by the uh artist Travis Scott um there were many many many people Milling around after the show outside the garden um this this individual according to our staff was was literally sucker punched and staff went to separate people mov them outside immediately respond responded to ple there were police everywhere in the street outside including Mass state troopers as the report indicates um staff you know worked with all of the officers on scene to attempt to separate these folks people ran away it was it was kind of a you know the Confluence of uh the concert getting out and you know so many people on the street made it very difficult staff did everything they could um Mr guest is here he is the assistant manager was on D um and be happy to answer any questions We believe We cooperated in every respect and there was um not a lot that could be done Mr Roberts will tell you we had an issue with our um our video footage and due to the notice of this incident to them their system had been down for a few weeks before they received notice of this incident um he can explain that to you they did observe Mr guest reviewed the uh footage prior to notification of this incident and would can testify that he observed this so-called Sucker Punch which is what started everything but um unfortunately we have no present ability to retrieve that video um and again uh Mr Roberts perhaps you should start by explaining that situation to the to the board yes absolutely when we have an incident at the harp and we have video we uh we record uh whatever Clips we have and save them on a hard drive unfortunately somewhere around May 7th of this year uh I have text messages going back with my camera uh Tech we started to uh have issues with our hard drive and we lost uh all the information that was on there and he had to replace the the dbr that we currently use um I didn't get this notice uh until uh somewhere at the end of May but normally we keep it on the hard drive no police officer came down request in the video footage for us to transfer it to a flash drive and unfortunately uh we no longer have the uh incident showing them on the dance FL congregating together okay two things from my perspective one if there's an incident that occurs at your license premise regardless of whether or not you've received a license premise inspection report like this I am asking you to make every effort to preserve it and to save it it shouldn't be once you get a notice from the police it is my opinion as chair of this board it's your responsibility to preserve the should in the future a notice come to you so you're telling me that you found out this past May so a month ago that your hard drive from December no longer worked no incor I'm sorry we save all the video onto the hard drive so it it was saved when we get a request or the police officer comes down we transfer it over in Okay so stop you right there before there a request from the police I am asking you you were aware that there was a incident outside on a night where your attorney said this was a busy night with two concerts two nights in a row to me that's foreseeable that there you would need to put other measures in place to keep your Patron safe and that should there be an incident like this you should be preserving it it's yes' just like I said to the first person today it is no longer okay to say it took four five months to get the police report and gez I'd already over overwrote the video so this is something that is not okay with me anymore um you guys have the technology you have the the ability to serve this vid to preserve this video to come before me and say gez we didn't get the instument report not my problem it's your problem yes ma'am I will say that doing the best they can so it's not anyone's fault that you didn't preserve the video by your own and it could have helped you here so again now we're looking at this was an incident that happened in your attorney said two busy nights of concerts at TD Garden to me it's very foreseeable there's going to be crowds outside and posss uh what was your security Staffing model like that night we I can go we were running it like a normal nightclub night it was a slower weekend because of the holiday coming up a lot of the regular crowds don't come so that night was actually quiet but I still had the full staff on so I'm confused you were running it like a nightclub night but you knew your attorney said this was well known that there was two concerts that night two two con two nights in a row so you were Staffing it as if there was not going to be a busy night is that your no testimony no we were St no we were staffed fully but it was actually on the slower side because the normal crowd the college kids had left they usually leave for the winter break so we had plenty of staff on we were actually on the slower side the concert got out around usually after 11:00 so it was probably about 11:20 and the fight happened at midnight the fight the fight occurred between people who had come back from the show they were standing together off to the side of the Dance Floor the two people who actually fought were standing at a table together talking to each other there is and I understand the video doesn't we don't have the video anymore but they are standing and talking there's no shoving there's no argument there's no indication that something is going to go wrong one guy sucker punches the other guy and that's when we went over and broke up the groups and headed toward the front door uh but there was no indication that these people had any issue with each other before the punch happened okay Comm kin do you have any questions yeah I mean just to second uh the chair's sentiment I I agree fully you know I've said it before when when punchers are thrown you have to assume that we're we're going to want to see the video so you just got to take it upon yourself to to save it permanently not in a not an a GNA get overwritten that that so just a second and that's all I have thank you I apologize for that I apologize for the video situation no questions for me thank you thank you anything further from the oh sorry Lieutenant Trey sorry uh if I may I'm just reading from the detective's notes Here It uh it notes that the flare cameras which are the homeless security cameras um on Causeway in Portland captured the incident but they captured the incident outside the bar and I'll try and obtain that video it's not attached to the detective notes but I'll try and obtain that video thank you that would have been kind of like the aftermath right because it my understanding the started inside and then Spilled Out right that's my understanding so this is captured uh uh outside on Causeway Street and Portland Street that correct uh councelor I I believe yes it IND indication is that the Sucker Punch happened inside and parties were brought outside and the outside was a little bit kind of uh um difficult because of the number of people congregating in the street Etc but I don't think yet would not show the the actual Sucker Punch thank you anything further from the board okay thank you and Lieutenant Troy if you are able to retrieve that video I will make sure to share it with the Commissioners board will take this matter under advisement thank you thank you item number four mwd GW Carver Grand Lodge Inc located at 70 to 80 Talbot AV in Dorchester date of the incident January 28th 2024 intoxicated individual requiring EMS in violation of Mass general laws chapter 138 section 64 uh and also written up for a parking gridlock issues with no staff assigned to assist and move patrons out in violation of Mass general laws chapter 138 or who is present on behalf of the lcy Glen Williams uh Lieutenant Tommy Brooks from District B3 thank you lieutenant Brooks and sorry the uh representative of the LIC e could you please uh um identify yourself once again for the board Glenn Williams thank you could you spell your last name w i l l i a Ms oh Williams thank you Mr Williams thank you uh and are there any other individuals of firsthand knowledge of the alleged incident who wish to testify this morning Ronald Cook Ronald Ronald Cook thank you Mr cook uh can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth we we do I do I do thank you uh Lieutenant Brooks if you could please read the please report into the record for us would you like me to uh just read a breakdown of the facts or the entire report sir uh the entire report please okay about 12:50 a.m. on January 28th 2024 units from District B3 were dispatched to 7080 talbet AV to assist with the crowd as they were bearing towards closing um I myself for responded along with uh officers P champeny Bailey Dia Murphy Millian Gabriel and Gil Zine the unit stationed out front of the lounge and parked on talaab with their lights on there were Patron Vehicles parked across both sides of the street and the street sign suggest that the parking is prohibited along the street on the other side at night there were another 10 to 12 Vehicles double parked in the street as the officers attempted to ask them to move along they would be quickly replaced by new cars that were now idling there were also Vehicles double parked there were unoccupied Lieutenant Brooks requested for the offices to issue parking tickets to those it was quickly apparent that there was no identifiable staff or security outside to move the crowd approximately 70 people were hanging outside on the sidewalk and communicating with each other and yelling to the idling cars some were drinking from red plastic cups the bar atmosphere from inside uh I wrote car I bar the bar Atmos atmosphere from inside the bar was becoming interchangeable with the crowd out in front in the street on the sidewalk and within the private parking lot entrance Lieutenant Brooks entered the establishment and spoke with some staff at the door he met with a manager Ronald Cook who stated that he did not call the police Lieutenant Brooks explained that they had actually been dispatched they had assist with the crowd exit and so it was surprising that bar did not seem to be the one to call it was approximately 1:00 a.m. at that time and the music was still actively playing yet the lights were on Ronald Cook stated they plan to shut the music down in about 20 minutes but he expected the crowd to thin out now that the lights were off uh excuse me on it's supposed to say on he then volunteered that he would go see if he could expedite the music shut off it should be noted that Ronald Cook was very professional polite and very easy to communicate with Lieutenant Brooks was then approached by a male who indicated that he worked there his name is unknown he told Lieutenant Brooks that quote I know you're a police officer but I'm gonna have to ask you to wait outside this is a private club of Freemasons and we hold the right to deny entry to police end quote sen Brooks respectfully advised him that he was mistaken the officer spent the next hour waiting for the crowd to clear out the bar was almost emptied out by 2 a.m. at about 2: am EMS was then requested from someone inide the bar for a medical issue inside at that time a patron flagged down another officer and stated that there was an intoxicated male that was too quote messed up end quote to leave Lieutenant Brooks located the maale it was a light-skinned male who had wet circles on his lower body it was unclear if it was a spilled drink or urine but he was unable to stand up he was speaking in a slurred Manner and he was unwilling or unable to provide a name at that time he was visibly and obviously very intoxicated it required multiple friends of his to help him stand up and walk out he still further stumbled and needed to be assisted by EMS after he left Lieutenant Brooks initiated a code 35 licensed premise inspection he met again and by he I mean myself he met again with Ronald Cook who was advised of the two violations the first one being the pocking issues and lack of Staff assistance outside the crowd as well as the grossly intoxicated male he was very cooperative and he did sign the receipt of violation I have the citation number listed Lieutenant Brooks reviewed the permits first there was a clearly posted entertainment license for the event this was in the main Lodge room there was a also a posted alcohol license and this was in the smaller private area that is not accessible to the main Lodge room attendees there seems to be some confusion on the permits the address of 70-80 AV seems to be combining operations between the smaller private club where the alcohol license lists a capacity of 886 but 886 people could never fit in that area meanwhile the event permit seems to be held in the larger uh room yet it references the smaller Club further the name listed as the manager seems to be out of date the permits uh should be clarified to more accurately describe the locations as separate locations that way it is clear if licenses are being issued for the smaller room as a private club and or the main Auditorium where is open to public as a much larger entertainment and event value event venue this could otherwise certainly cause confusion if the city would Supply permits with an incorrect understanding before Lieutenant Brooks left a female approached him and said she knew the intoxicated male and that he had only had two drinks and she thinks that he actually has a medical reaction she was advised that this seemed inconsistent with Lieutenant Brook's observations of him but regardless of the cause of the male's condition it should not have taken at closing time an empty room with lights on to locate and ident ify a male in a fully incapacitated condition that would be the end of the report sir thank you Mr Williams Mr cook would you like to address the alleged incident uh uh I'm Mr cook uh yeah what he said it seems to be pretty accurate except that uh the cause let's start in the beginning about the phone call um the head of security told me later that he had called for for assistance so I want to clarify that but I didn't know it at the time all right and uh we were in the process of exiting getting people out of the club now the people with the Red Cups did not come out of the club we do not have red cups in the club so they must have been drinking out of their car we have uh across the street is The Big Field and a lot of people park over there and sit over there and drink and stuff and they come and mingle with the crowd coming out of the club um as far as the the the sick individual um we were aware of him being sick and we was trying to clear the place out before we brought them forward but we didn't know exactly uh what it was but we know we don't serve people when they uh if they start acting intoxicated or we know they had too much to drink so um ordinarily it was just a chain of events that kind of back things up out on the sidewalk we had we had plenty of Staff we have eight security people uh two of them are women and six of them are men and they're working between making sure people getting their cars in the parking lot and trying to clear the sidewalk but when you're unloading people that fast you can't be in too many places at once and doesn't happen all the time this is a rare uh occurrence and usually we're right on top of banks thank you uh Mr Williams anything you would like to add before we move to the board for questions no he's pretty accurate what he say thank you thank you we'll see if there are any questions at this time cheran Joyce so what is your response to the parking issues that were outside my response to well we have a big parking lot we have a 100 car parking lot um but when the club lets all people pull their car out to pick up people coming out of the club which causes a little congestion and then across the street we have we have people that's not even in the club they're out there playing the music and stuff and the city did put put up uh no parking after 800 PM so what do you do as a what do you do as a manager do you have staff outside to tell people to move along oh yeah we do we have like I said we have uh eight security and and between them seeing the people that are are leaving okay and they they're going through the parking lot talk me through your eight security staff plan um on a night like this when there's people parked outside idling how many security do you have outside dealing with the uh cars that are double parked and not moving at least two at least two but like I said we we don't have a lot of authority on the street but you are responsible for people idling outside your license premise right okay and we we deal with that and like I said this this we was do you want though I I just want to be clear because do you understand that as um at your license premise is responsible for moving crowds including cars away yes ma'am but okay what I'm saying is when we exit when they're exiting did people pull up to pick up the people coming out of the club you know and so you do you tell him to move on move on and say he's coming right out the door he's coming right out the door and you know it it does get a little heavy sometime especially when you're first letting out um usually it doesn't plog up the street that bad but uh every once in a while it happens and uh what's your response to the intoxicated person requiring EMS response that's that's the real event also if you check out history we don't have a lot of history of that so like the the girl that was with him knew him better than we did and she said he was sick and that he hadn't had that much to drink and I don't know what the EMS reports were when they got him in the ambulance or to the hospital but that's the last report we have okay and just and we should follow up about your alcohol license and what it covers which rooms it covers okay it covers the building okay and on this is part of your um building a private club yes okay and we'll have to I want to make sure that's spelled out on the face of the license uh okay um it does but the the Russell Auditorium is a separate separate unit and on the license it does say it holds 886 people but that's the whole building that's not just that one room we had three function halls there we have the the private club we have the Russell Auditorium and we have uh the Waterford room in the back that we get permits for every time we get give a function in them or rent them out okay I just want to make sure I'm familiar with it five years ago I was familiar with it I want to ref familiarize myself with the face of the license that it's clear when you get inspected um the capacity and um inum okay do we can uh well we have to sit down and go over that adjust that okay yeah commission K do you have any questions um so first of all on this night was there a special permit as well as your private your Club alcohol no this was just this was just in the private club section okay I think it was a football game or something that night and the crowd was letting out there was only there was only maybe about 100 125 people in there all right so on on nights where you don't have a special it's just the club what what is the what is your understanding of the capacity of that club and license the club uh holds uh 150 people the auditorium holds 600 and the waterf room in the back I think holds like 125 so the total is somewhere around 868 or 886 people okay that's when if we're doing all of those and sometimes like on New Year's if the large is given our New Year's Affair we'll open up we combine the club and the uh Auditorium together because it's a big uh uh open open there that's usually Clos to separate them that we can open up and combine it but your does your Club license cover all of that space and capacity yes the face of the license just says inho whole of said building this is that's 7080 top and it gives the amount of people for the whole building yes okay but you also get special licenses we well that gives us permission as a as organization if we're given a function under the organization to to to to to have the music and stuff but if we rent out the auditorium we send down for them to get special permits from the police department and from you oh that are you talking about entertainment licenses yes okay I'm sorry uh I I thought the building might have been divided up into you know discrete entity so uh that I I I think I got it straight now um with regard to you know uh controlling traffic outside I I just you know it's more in the way of a comment it it's more about effort you know obviously if people aren't listening to you but you can't do nothing just because you think it'll be fruitless so you got you gotta be out there just making reasonable attempts um but here it doesn't look like anyone was trying to do anything about it and uh I don't I don't feel like that's accept so um just want to say that uh with regard Were You There When this unidentified were you standing there when this unidentified person who claimed they work there uh made those statements in the police about not being allowed in I don't remember I don't remember that I might have been talking to one of the other officers at the time but I sure would like to know who that was because have no right to to even say anything if I'm there speaking okay when um when you were made aware of that that allegation did you just did you uh brief your staff on what their responsibilities are regarding cooperation with the police yeah after after I got the report and and realized that that had happened there's two things that I I I when we had a meeting I called him on that on only certain people are supposed to talk to the police when they come and also about them covering their areas a little better and um there was there was awareness of the the sick individual but they was telling me they was trying to wait till the proud clear out the EMS came before they moved him so the one of the staff was aware of somebody wasn't feeling good in there okay that's all I have thank you um is every One tips certified oh yes oh yes yes and as far as your parking is there is there a way that the pickup spot can be in the the parking lot you said you you have a 100 cars that you or 100 spaces can you encourage people to park to pick to pick up in that space that area uh well the door for the small Club comes out on tet Avenue and have to walk up the sidewalk to come into the parking lot you understand so we don't open up the auditorium because then they'll start lingering all all throughout the building so we let them out that one door they go up the sidewalk and go right in the parking lot you know and sometime you know they drag and they gotta have the last words and all that stuff you know and we do try to move them along but we try to do a better job like I said we don't have this problem often this is a rare occurrence if you know we're open every weekend and we have very few complaints over the years you know so we work we you know we try to do it right anything further if I can speak commissioner yep M Brooks uh if I yes sir I just to give credit what credits du but then to clarify something uh to give Mr good credit I I I do believe him when he says that um when he had told me that they didn't call and he found out later that one of the staff did that that would be very reasonable it appear he did not know about it uh and it would make sense and credit if they are the ones who called the police to help clear it out that would be a positive in their in their efforts we we want that if you're getting a crowd you believe you maybe can't control I want to know that you would call us to ask for the help as long as you're not doing that to have us do the work for you every night uh we do appreciate that and I also do believe him when he says they don't issue the red Solo cups but that's what kind of creates the point and I think Commissioner Karen said it well when he said it's about effort if when we arrive I see a few people's staff with flashlights in their hands wav them and just saying come on guys got to clear the sidewalk clear out here we can work with everything from that point but when I arrive and I would disagree with the amount of people he said was there that night um but when I arrive and I'm estimating 70 to 80 people that are just outside on the sidewalk with no one talking him drink from red Solo cups the thing that Mr cook is very accurate about is that across the street on talad AB that is just an unrelated hangout where people just put up chairs and play music in those crowds he's saying come over and combine so he's actually making the police point for us that's exactly what we don't want we don't want the club to become an extended venue at closing time for people who just hang out on the street all night which is also can range in the hundreds to just come over and turn into a club sidewalk so I think um he's I think he's an honest guy and I think he's he makes an honest Point uh but I just want to clarify that his point ironically is also my point and that's why he needs those staff outside with flashlights moving people along I understand he doesn't have the ability MO cause but they absolutely have the ability to to tell that crowd to keep it going and as far as a medical situation I agree with there possibly uncontrollable if that individual is sitting and the club closed that's fine but I do think it would be in the best interest of your board just to review the layout of that permits because it is definitely three separate but connected venues you walk in there's a very large Auditorium then you go through like almost like a doorway and there's almost a smaller private bar and I understand this even another room out back which might be that third room I've actually never even been there but the permits are placed as if these are separate locations but it's confusing with the total and um I just think that if they're going to apply for specialized permits uh the board your board should be more aware when they issue it this is the large venue here's a square footage here's a capacity here's the smaller one because it does appear from the police perspective when we do go there it's all just open although it does feel like it's a private access area here it's very fluid so as long as that's clarified I think Mr cook did work with his best efforts that day and as I put in the report I thought he was very professional and easy to deal with thank you lieutenant Brooks for all that um are there any further questions or statements from the board on this matter the board will take this under advisement thank you all thank you thank you thank you calling item number five Big House LLC doing business as basement located at 100 Stewart Street date of the incident April 14th 2024 assault and battery Patron on employees in violation of M General Law chapter 138 section 64 and chapter 265 section 13A who's pres on behalf of the ly uh officer Lambert thank you officer Lambert uh anybody pres on behalf of the licc of Big House LLC I do know that we had difficulty serving them as they've been uh closed pending a transfer um we will attempt to contact them and take second call moving on to item number sixc closed for business we went there again to serve notice last week and there was no sign of Life inside we informed that they are no longer in operation so that might be the issue got it okay thank you we will still attempt to contact them and try to take a second call at the end of this hearing as well thank you all for that uh moving on calling item number six paga Inc doing business as Nicks venue located at 100 warington Street date of the incident April 14 2024 uh intoxicated Patron on premise and violation of Mass general laws chapter 138 section 64 assault and battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A in Failure to cooperate with Boston police and Boston fire in violation of Mass General law chter 138 section 64 and board's rule 1.1 for B who's present on behalf of the lcy marad president Li venue good morning commission Commissioners and executive secretary green I have with me today uh shro Resa who is the director of operations the manager Kevin Montgomery and the manager of security Tony John great thank you very much I do see all of them present on my screen thank you for that who's present on behal of the Boston Police Department Sant teec of gallaga wrote the lpv looks like Sarah wasinski is the responding officer the officers unable to um attend today if you could read the report sure not a problem sir thank you very much uh other any other individuals with firstand knowledge of the alleged incident who wish to testify this morning can you please raise your right hand thank you do you s to tell the truth the whole truth and nothing but the truth I do thank you Serge gallager if you can please read the report to the record for us yes good morning Serge gallager we reading report officed by po Sarah wasinski about 1:00 am on Sunday 41424 off wasinski in the alpha 432 responded to a radio call an unknown EMS at Vue 100 warington Street Boston sheal in the alpha gold one assisted on arrival officer wasinski observed security assisting the victim later identified as Emily orlano dat 4 4113 2003 down the stairs with their Associates Alena was hardly able to stand was heavily slurring her words Alena was transported by toughs medical to toughs Medical by Boston EMS Ambulance for Fen and burus for continued followup Boston fire department BPD Engine 7 was on scene and the firefighters were already inside the club when officer wisinski arrived on scene officer wisinski was informed by Orlando's sister witness Cassandra Negron dat 6691 that tonight was Orlando's 21st birthday the group had a private table in the club under the name Emily neant stated that there were taking shots of vodka and Atlanta was drinking heavily but she does that often and always candles who lick a well the gron stated that everything was fine until a female believed to be Hispanic approximately 55 with curly hair and a tube trop style shirt sat down at the table Ron stated the unidentified female was another private table he came over to see her sister Nick ground was there excuse me second just get change sorry about that the gr stated the unidentified female was in another table and came over to see her sister the gr stated that they were friendly with one another rubbing against each other talking the grind stated after a few minutes later elen started to slouch while not talk in foam at the mouth the gr stated that oena became unconscious at the table so that when she called 911 from inside the club the gr stated the group believed the female spiked Elena's drink and asked the unknown female what she put in Ora's beverage the unknown female being confrontational insulted two of the females at the table neither female wanted to be a victim of the salt short time later officer seal advised he overheard one of the security bounces say that he had to get oena outside so the Boston fire department could assist her they did not want BFD to help her inside the club officer wisinski was able to take a photograph of the seating arrangement inside the club the photograph was a attached to the incident report officer W zinsky asked staff who could provide video surveillance footage who was inside officer wi was informed to speak to a male seated in the driver's seat of a black colored SUV the mail was not helpful stand office and at first did not want to provide any information and how to get video surveillance footage officer wisinski informed him that a drink may have been spiked he informed officer zinski to call Club venue's phone number to get that video the mill was identified as security manager Tony John officer wasinski requested the assistance of Patrol supervisor Sergeant Del the alpha 904 arrived on scene and was informed about the incident Sergeant was later informed that the victim 923 and the Victor 8:15 would conduct a code 35 on the premise tomorrow night or thereafter Sergeant zal requested officer wasinski to respond to TS and requested a roofy blood test of orena officer wasinski was informed by IR nurse Lauren p and Dr R out that the aial hospitals do not do or do not test for rofy drugs and many other drugs the test would have to be through a state lab and the victim would have to request it herself also from what I understood the victim would also have to go to a different lab to have blood drawn officer wasinski spoke to Elena and asked her the name of the alleged suspect Elena was confused did not have any idea who she talking about short time later Atlanta was vomiting and unable to respond to questions body warn cameras were activated but turned off while inside tus hospital that is Officer wasinski report the next one is mine detective as we mentioned in the first report we did some followup we issued the lpv my report reads as follows on 4:14 2024 at about 1020 PM Sergeant detective gallaga detective Hernandez assigned to licensed premise unit conducted a license Su premise inspection of club venue at 100 Warrington Street this inspection became about because of an incident that occurred on 44 at about 1 a. where Boston police were dispatched for an unknown EMS at venue responding officer wasinski arrived on scene and documented the event Boston police ins report 2 42098 A3 Sergeant Josh delile also responded and contact with Sergeant Galaga of the license premise unit Sergeant D outlined what he and offices witnessed on that evening which included an intoxicated Patron assault and battery between patrons and failure to cooperate with BFD and BPD Sergeant Gallagher informed Sergeant D that he would follow up at about 10:20 pm. on the same day sergeant Gallagher active Hernandez spoke with the manager Kevin Montgomery who was aware of most of the events of last night Sergeant Gallagher asked Mr montgom to save any video and internal reports from the incident and provide them to the Boston licensing board as a result what offices were informed of Sergeant gallat license premise inspection notice number 02106 venue for intoxicated Patron on premise am Patron on Patron failure to cooperate with BPD and BFD Mr Kevin montgom signed for and accept the notice uh that's all I have thank you attorney aades would you like to address the alleged incident yes first uh does Sergeant detective Gallagher good morning I have just a couple questions uh during the incident you weren't present there you have no firsthand knowledge you were not there right that's correct so we followed up the uh later in the same day and when you followed up later on the same day and you spoke to the manager Montgomery was he Cooperative with you yes sir I is and I'd like to also add that uh for the board we did save what we had for video and I'm willing to pass that along to the board as well as an internal report an after Action Report investigation by the management on what happened that evening uh that being said it's my understanding that testimony from both Mr Montgomery and Mr John that we were the people who called the 911 to get help into this uh to this woman and I'd like to get Mr Tony John who is the security manager to testify about what happened that day Tony you there [Music] Tony I Mr John Tony you have to press unmute yep there we go can you hear me now yes okay Tony can you state your full name for the record Tony John and uh can you you tell me where are you employed sir um I'm employed of com the mass as a tri court officer and do you also work for paga intun business as venue yes I do and how long have you been there 20 some years and were you working on the nighting question yes I was and were you the one who made the 911 call I did make a 911 call saying there was someone upstairs intoxicated okay and can you tell me how you were informed of that and what happened as far as the fire department the police department coming to the scene a patron came down said there was someone upstairs passed out can you speak a little louder please we not able to hear you right now okay a patron came downstairs and said there was someone on the dance ball passed out I sent one the secur to find out what was going on they informed me those individual pass out and they couldn't carry the individual down I then call 911 on my own personal phone and the fire department showed it first and what did the fire department do they asked me what was going on I said someone them upstairs passed out the fire department went upstairs on Center security George with them and before he can make it upstairs the fire department and the girl some of the girl friends will bring her downstairs and did the staff of venue help and assist the Boston fire department and the EMTs to help her out of the building yes they did and at some point in time did you have an interaction with a police officer that requested video of the evening yes female Boston police officer tell me what happened okay after the fire department coming the way down a female Boston police officer approached me about what was going on I she asked me my name I give her my name told I was one of the managers security manager and she says to me um the Woman's friend said the woman was rofy how can she get hold of the tapes I see would have to call the office to retrieve the video and did all the staff that evening cooperate with both the police department and the fire department yes I have no further questions for Mr John I'd like to call Mr Montgomery who's the manager there unless the board would like to question Mr John post chairman any questions for Mr John would you like to hear the remainder of the witnesses first I I have no questions okay thank you Mr Montgomery there's a strange feedback happening on on your audio uh I I don't know if that try again uh I'm not try now how's it now much better better great okay attorney you may proceed uh would you say your name for the record please Kevin Montgomery and what is your title at venue the director of security of unite Club hav Icon how long have you been there pushing 17 18 years and on the night in question uh were you called into an incident that happened at venue yes I was and what did you experience when you got there uh by the time I got there because I was responding from a h nightclub they called me over because of an emergency just like they always do and at that point I was just watching the fire department carry uh the victim out to the ambulance at that point there was really nothing more than everything was already pretty much taken care of the way it was supposed to be taken care of by the time I got in there and were you given the opportunity after the incident happened to speak to the security staff and was there any issue or incident where it was an assault and battery of any type on Patron on Patron within the club yeah they were aware of only thing no was aware of was the intoxicated person how often do you have training sessions with your security staff as far as how to handle situations like this we try to try to keep it up to like once a month and we also just recently had them take this a security uh exam on online that State office I guess and we probably keep up on it especially with the rotation of new employees all of your servers are tips certif correct yes and this protocols that you have in effect as far as for security and for service staff they are in writing correct and they're given to the staff and they have to be able to okay thank you I have no further questions for Mr Montgomery uh thank you do you have any other uh Witnesses you'd like to present or shall we move to a questions from the board not at this moment thank you we'll see if there are any questions at this time um I have no questions commissioner k um what is the limiting factor on getting video like say on the evening what happened there generally my understanding is that we have multiple cameras in different places it all backs up to a hard drive that hard drive is kept in an office at that time of the night uh you have to actually download that information onto either a dis or a separate hard drive or thumbnail and then it's given to the police department or whoever is requesting it and if you know our record with the police department and with this board there's been multiple occasions where something has happened in the area where the police department has requested the videos from the street Warrington Street or because we have cameras outside and we've all provided those and I think uh s detective Gallagher can testify to the fact that we try to cooperate with the police as much as possible and it just takes some time to get to the actual video cut it and download it onto a thumb drive and then get it to the department but as I said I'm very happy to provide that to the board with the after action report that happened that evening for the internal investigation because the incident happened at the establishment that's all I have thank you no questions from me thank you thank you thank you uh please do provide the uh video and the internal report I'll make sure that those are distributed to the Commissioners uh and with that the board will take this matter under advisement thank you thank you uh before we move on to number seven uh we have attempted to contact Big House LLC at number five their attorney is out of the country uh Teran Joyce would you like to reschedule we can reschedule thank you we will attempt to contact the uh L to reschedule uh officer Lambert thank you for being with us we will not be hearing that item this morning thank you thank you calling item number seven game on Fenway LLC doing business as Game on Sports Cafe located at 72 to 82 lands down street date of incident April 18th 2024 intoxicated underage person on premise in violation of Mass General law CH 138 section 64 who is present on behalf of the ly Isaiah Moore the security manager hold on sorry I was I was I muted myself for the other hears uh it's attorney Dennis quy again representing the l e uh with me this morning Isaiah Moore head of security and Rick f I who signed the actual violation notice and ktina Corin who's the risk manager for the lines group entities good morning good morning thank you I do see all three of those individuals on our screen uh who is president on behalf of the Boston Police Department itive Liam gallager officer Brian lden detective Hernandez needed thank you are there any other individuals who uh have firsthand knowledge of the alleged incident who would like to testify this morning 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 who will be reading the police report to the record SL yes um uh good morning off the lien um I'm just reading from my report uh on uh April 18th 2024 the Delta 441 F lien and the Delta 431 F mcmarro responded to a game on at ed2 lands down street for an intoxicated Patron on scene officer observe EMS Personnel putting the victim last name askani into onto a stretcher her eyes were open but she was not responding to any verbal commands officer then spoke to the victim's friend last name Kem who stated they were drinking earlier before coming to Game On she thinks the victim had five shots of liquor it was 18 plus night I was told it was a 18 plus night at game on but Cayman said they did not drink at the bar she believes the victim also takes anti depressants Boston EMS Ambulance a16 transported the victim to Children's Hospital for extreme intoxication also then talked to Isaiah Moore from game on who stated the victim's friends notifi security about their friend and the bar Personnel called 911 Delta 911 Sergeant berazzi was notified was there is there isn't there a report from detective s detective Gallagher there is yep on 419 2024 at about 10:35 PM s detective William Galla detective Eddie herandez signed to license premise unit conducted a license premise inspection of game on at 82 lown Street this inspection came about because of a 911 call for an intoxicated person inside the premise on 41824 at 9:15 p.m. the Delta 431 mcaro the Delta 441 Li and responded BPD report number 2420 31329 was written responded officers found EMS placing victim on stretcher then transporting her a children's hospital for treatment for extreme intoxication victim was under 21 years of age Sergeant gallagan detective nandes had just left the premise on the 18th prior to the radio call detectives had made an on-site arrest at the same location for an unrelated incident during the 18 plus event at game one on the evening of the 19th detectives returned to the premise and spoke to managers Rick beluchi and Isaiah Moore Mr Moore stated the fale was found inside the Ladies Room by staff immediately called 911 Mr Mo stated the female was not served alcohol while at game one as a result what had occurred Sant Gall license premise inspection number 021 065 to game one for intoxicated underage Patron on premise Mr is Mo signed for SE notice that's all I have thank you very much attorney quilty would you like to address the alleged incident if I may first if I may ask both Sergeant detective Gallagher and um officer uh I'm sorry live I'm sorry were were the uh staff and management Cooperative with both sets of officers on this occasion yes sir thank you and and from all the reports the 911 call was made by staff that's correct okay yeah thank you uh officers detective and officer um just to again for the circumstances of this incident um I want to make sure that the board recalls that this the entertainment version of this hearing was already held with regard to this 18 plus night and um we did appear before the entertainment Division and uh were apologized for this occurrence in the first place uh which resulted resulted from staff uh basically setting up this party without knowledge of upper management so again we apologize for that on on the occasion in question Mr Moore is here security and Mr fuchi if I'm pronouncing it correctly both were present both would basically back up what both reports suggested which is to say that this person indeed was on the premise because of this failed 18 plus event but to our knowledge did not consume any alcohol while at the premises and in fact Mr Moore had conversations some of which were reported in the officer's Report with the friend of this person who suggested that indeed she had apparently been consuming alcohol or medication before arriving at the scene and that's what caused uh this incident we did everything possible once this was discovered calling the police calling the EMT standing by to assist Etc again we do not believe this individual consumed any alcohol at our establishment we believe that she came with consumption offsite um and we think that was backed up by the statement of the friend um May I just present Mr Moore to uh speak to this incident yes thank you Mr Moore you're President we just identify yourself for the record please hey I'm is Mo I'm the security manager at game on finway um on 82 lands now Street okay and on the night in question were you so employed yes okay and do you have personal information about this in that you can relate to the board I do oh would you please go ahead um I got a radio call um from one of the security guards downstairs um that there was a young lady found in the bathroom um like uh detective Gallagher said we was in the process of clearing everybody out um from the um from the 18 plus party I went downstairs I had another security guard cover the door um as I got into the bathroom um I found the young the young lady with her two friends um one of my security guards had went to go get her some ice and some water you know to like bring her back to you know bring her back down a little bit um so I was asking them like you know what happened um the front stated that they had just came from a party um that the friend um had taken some um anti-depressant I forget the name that she said well she had taken an anti-depressant and they were drinking before they got here so she thinks that the the the medicine started to kick in and mix in with the alcohol so at that time we had already called um for the paramedics um and yeah okay thank you sir so did you then did you then cooperate with the EMTs in the Bost and police officer who arrived on scene yes um I actually went upstairs to grab the EMTs to bring them downstairs into um the bathroom make sure that the you know it's cleared out um myself um another security guard um you know was flashing the way out um so people can be clear um and the bathroom was cleared um so they can you know uh get the uh the lady onto the um onto the stretcher security did help get the lady onto the stretcher as well um and then um I brought them upstairs in the the elevator okay thank you uh Mr Moore uh the uh board may have some questions for I know Mr fuchi just state your name for the record please Rick fuchi and will you were you working on the night in question as well I actually was not no okay oh you I'm sorry you signed the uh the um the notice that was that was delivered subsequently yeah I yeah I saw the notice that detective G had uh brought by okay all right I'm sorry I didn't realize I I'm now looking at that so I have no further questions the board may have some questions for both of you uh gentleman so just please uh stand by yep thank you thank you chairman Joyce any questions this was 18 and over correct I'm sorry ma'am this was an 18 and over event this was the yes the event that was schedule without the upper management knowledge uh and you know we have worked very closely with the UN with the college since that time to make sure that you know we too are on the list of notifications if anything you know occurs these were apparently flyers on the campus that we were unaware of um and uh yes it's that same very same night okay just question uh when you have these 18 and over events do you ID people we do yeah okay um we do and then we also give out um we give out a wristband and we put two x's on on their hands permanent marker okay um all right thanks I have no questions um how long was this Patron on premises Isaiah do you know um I do not know um there was so much stuff going on that night I don't know how long she was on the premise okay did um you know after this happened did you do any invest ation to see her entrance her movements anything like that video review no have do you know Rick or no it just I'm gonna suggest the second police report is 10:35 um so you know presumably well before that um a matter what time the first I do I don't have a copy of the first officer's report unfortunately so I cannot tell you what time they arrive but would have to be substantially before 10:35 anyway uh if I could chime in the second line in detective Gallagher supplemental report says the 911 call for an intoxicated person inside the premise on 4:18 came at 9:15 p.m. thank youa what time did Patron arrive do we have any idea we don't have an exact time now okay do you have video at the door that would have captured her arriving entering no we do not yeah okay so no you don't keep it you don't have video at where the ID process happens we don't have saved footage from this night there is video cameras at the front door but there's no saved footage from this night okay why not any any ideaa no I don't know they just didn't think of saving it that's all I nothing of no additional questions thank you anything further from the board on this matter board will take us under advisement thank you thank you and calling item number eight which concerns the same license e game on Fenway LLC join business as Game on Sports Cafe located at 72 to 82 lands down street date of this incident April 6th 2024 Patron injured on premise in violation of Mass general laws chapter 138 section 64 failure to call 911 in violation of Mass general laws chapter 138 section 64 in board's Rule 1.14b and a change of manager required uh in violation of M general laws chapter 138 section 64 who is present on behalf of the leny again um attorney green Madame chair members of the board Dennis quilty attorney representing the ly with me this morning again uh ktina Corin and is Vin with us Katina yes is I don't think I just don't think his camera's on okay Vincent Lombardi who I can see now he's his camera is not on but he's here ones thank you very much thank you Mr Lombardi I've just asked you to start your camera Mr Gucci of course again will again sign the the uh the notice thank you uh and who was pres on behalf of the Boston Police Department do te William gallager 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 do you SAR to tell the truth the whole truth and nothing but the truth I I do thank you Sergeant Gallagher you can uh please proceed with the police report for us good morning I'll be uh first reading report by Officer Daryl celester from The Boston College the police department on Saturday April 6 2024 officer celest was signed to the upper campus at Boston College I was dressed in full Duty uniform and operating a fully mock police vehicle number 412 at approximately 0021 hours officer Ferris and I would dispatch the first floor Lounge area of Gonzaga Hall to meet the reporting person concerning individual open head injury Boston College Emergency Medical Services and Armstrong ambulance were immediately dispatched to assist upon arrival I was greeted at the building's main entrance by a Boston College student named William swe swe held the door as he directed me to a tall white female being treated by several unknown individuals I approached the victim and observed an open injury to the rear of her head the laceration appeared to be actively bleeding I also observed that the rear side of the victim's neck shirt and pants were covered was was believed to be dry blood Boston College EMS arrived and began treating the victim she was identified from her Eagle One cot as Walters slh halquinol according to defasio Lawrence who was the victim at the time of the incident ke and Walters attended an establishment in Boston called game one at some point The Establishment became crowded and wals was pushed To The Ground by an unknown patron of the establishment Walters recalls striking the rear of her head on the floor but states she never lost Consciousness shortly after striking her head defasio recalled that the victim began to vomit they left the establishment and returned to Boston College I examined the rare of her head due to her full head of hair I was unable to get a clear look at the injury while unseen wals complain of headaches and dizziness moments later we were joined by officer grandos and Armstrong ambulance for Walters was treated unseen and then transported to Beth Israel Hospital for additional treatment the administrator and call Claude me carola was informed of the incident that is the Boston College report BC did call me concerned of the event uh there was no one 911 call that evening so myself and the detective herandez were assigned to follow up on 412 2024 at 105 6m Sergeant detective gallaga detective Eddie Hernandez assigned to the licensed premise unit conducted a licensed premise inspection of game on at 82 lown Street this inspection came about because of a Boston College police report number 240 373 that was filed on 4624 written by Officer Daryl celester of the BC police officer Celesta reports that he responded to a BC dorm and found Miss holin Jade Walters with an open wound to the back of her head Miss Walter is with with the friend Lawrence deasio who reported that they were a game on in Boston where she was pushed and fell striking her head on the floor Miss Walters was transported the hospital for her injuries Sergeant gallaga spoke to officials at Boston College who were concerned about the incident for several reasons firstly Miss Walts suffered a head injury and a licensed establishment with no Aid being offer secondly Miss Walt is is not 21 years of age was allowed into the premise which is a nightclub at that hour of the evening on the evening of the 12 detectives met the manager Mr Ricky fuchi who stated that he was unaware of the incident like that occurring last week detectives inquired whether there was video that might have captured the incident Mr fuchi stated he would provide detectives with any and all video on inspection of the premises licenses detectives learned that the manager of recit had left the company and Mr fuchi was the new manager detectives informed Mr maloi that he should contact City Hall to stop the process of changing manager as a result of these events Sant Tech of gall is license premise inspection notice now 02150 to game on for patreon injured on premise Bia to call 911 bilia notify the board of change and manager Mr Ricky beluchi signed for and accepted the notice but what is not report on night of our inspection myself and detective herandez did uh go down to the floor where this incident probably took place and we did attempt to view video with Mr vuchi yeah cameras are high in the uh building on the ceiling premise was kind of crowded we really couldn't see anything I'm not sure if they found anything since then but uh that's all I have thank you attorney quilty would you like to address the alleged incident thank you um s to detect Gallagher first of all with regard to your report you arrived um to uh give the inspection notice about a CLE five or six days after the incident is alleged to have occurred correct that's correct so you have no personal knowledge of the incident that is alleged to have occurred six days earlier correct and according to the Boston College report they too were involved after the incident is alleged to occurred they they too Define no personal knowledge of any incident on the sixth correct and when you did arrive there uh and spoke to management your inspection notice indicates they cooperated with you is that correct they did sir thank you sir um Madame chair members of the board this is a highly unusual circumstance we've done quite a bit of digging here uh we don't think this incident ever occurred on our establishment um according to the uh information collected by the Boston College officers there would have been volumes of blood and vomit uh at the scene of this incident and there's no such evidence nothing that we found nothing that anybody else has found uh we it's just it's just not possible that this could have happened with such a a gash and a wound and V that would not have been discovered uh subsequent to this having occurred there is we we carefully reviewed the entire premises and there was no indication of blood no indication of vomit uh M Corin went so far as to reach out to Boston College to one of the associate Deans to get information relative to the identification or the uh particulars of about this young woman uh we were given very little information we use that information to try to observe cameras to see if we could find anybody that fit the description we could not um I mean it's it's horrible that this occurred but we do not think that it occurred on our premise uh there's no evidence to that effect we would have taken this extremely seriously um someone injured like this and sick and it's simply we have no records we have nothing that indicates that that ever happened on our site if I may just you know I know Mr fuchi wrote the or signed the report but that was again five days later and I just asked Miss Corin to explain to you her interactions with the BC um Dean and and and what she found out yes ma'am yes Miss Corine just identify herself please for the record hi I'm ktina Corin the risks manager for the Lions group uh when this incident was brought to my attention uh Mr fuchi downloaded surveillance um and sent it to me I started to view their surveillance which was quite a lot of surveillance um I reached out to uh detective Gallagher and Hernandez and asked um if they had any information that could narrow down the timeline I understand based on the rep the VC officer's report that that call was they they attended to the the alleged Patron at uh 12:21 a.m. uh detective Gallagher said you know to check sometime between 11 and 12 um I looked at all the surveillance cameras from the basement as well as the Sur surveillance camera from the front door I watched the surveillance from 11:00 p.m. to 12: a.m. no one fitting the Patron's description came out of game on injured um uh detective gallager I you know I asked if we could get a description of you know what she a better description of what she was wearing that night um and he had sent me what I think would appear to be her uh student ID photograph uh which just shows a Caucasian uh female her face and uh who had straight blonde hair I spent many hours uh reviewing the surveillance footage from 11:00 a. to I'm sorry from 11:00 pm. to 12 a.m. on each camera that we had downstairs and I saw no um no person being pushed or falling to the ground or injured and more importantly saw no one leave game on injured and I have that surveillance footage if if the board would like it did you reach out to the BC Administration as well yeah I uh spoke when when I reached out to BC the name of the dean that I spoke with was a Melissa Wolsey and I spoke I mean I communicated via email uh she on 429 she said she reached out to the impacted party and asked for some more information and details that may assist in identifying her but had not heard back from her um and she said she'd keep us updated if she responds and that my last communication with uh Dean W wolsley if I'm saying her name correctly was on 429 she never followed up with any more information Well ma'am if you if there are any questions we'd be certainly happy to answer thanks I have no questions thank you yeah n for me thank you no questions thank you thank you all the board will take this under advisement as well thank you and calling item number nine it switch entertainment Inc doing business as Loretta's last call located at one lands down street date of the incident April 9th 2024 overcrowding 171 on mechanical count capacity 134 on setup number one house count was 132 in violation of Mass General law 138 section 64 and Boards Ro 1.03 J and 1.06 a and F who's present on behalf of the lcy uh good morning again um attorney green Madam chair members of the board again Dennis quilty attorney representing the leny with us this morning again uh ktina cor P Alliance Group and K is John Jordan with us ktina I can't no but he wasn't there that day Vinnie is speaking on behalf of it switch okay he's here then thank you very much the same two people who were sworn on the previous matter thank you great thank you who's 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 do detective William Gallagher if need be thank you you have all been previously sworn in h detective Hernandez if you could please proceed with the police report good good morning sir uh on I'm reading from report that Sergeant Gallagher wrote on 49 2024 at about 12:30 p.m. detective Adrien Troy sign detective William gallager detective Eddie Hernandez assigned to the license premiss unit conducted a license PR inspection of last colett is at one L down street during the Red Sox home opener as detectives entered the premise they inquired with door staff asked to the count the staff member reported the one uh 168 patrons on premise with 36 of those on the outdoor patio inside the premise detective observed all the tables to be occupied and a full bar with patons standing three deep Lieutenant detective Troy conducted a mechanical count which resulted in 171 patrons being found inside on inspection of the Prem on on inspection of the premises license the license listed capacity on setup one daytime was listed at 1:34 detectives relay their concerns to the manager M Joan Sena who stated that she would bring the premise into compliance result of what detective discovered sing detective Gallagher issued license PR inspection notice 021 055 the last call RIT over cring 171 on mechanical count capacity 134 the S ass signed for an accepted the notice thank you very much uh attorney C would you like to address the alleged incident um excuse me uh just to ask simply detective Hernandez did the management cooperate with you at that time yes sir fully thank you very much um Madam chair I mean again we have Mr Lombardi and Miss corop Pines this incident resulted from a complete failure by this a person who was the manager of the time Miss Cena um this was opening day of the Red Sox on lands down street something we've experienced for 50 years as a business this manager completely failed the staff appropriately was was offered help from other establishments on the street didn't respond uh just lacad desically went went forward with a couple of people woefully under staff she was immediately fired um this is just a complete failure of of of management at the on-site level when she had every opportunity to operate appropriately and staff properly and failed to do so uh as I suggested asked that she was fired on the spot this is just uh you know unacceptable for the business again this is opening day you know it's coming months in advance the street is full of establishments many of which are owned by the same ownership could easily have been staffed properly was not um she just failed to do her job and uh unfortunately you know this is what occurs um Mr Lombardi can you add anything to that uh no I mean I I think I think that that's correct it was just it was a failure on management and I apologize for Up and Up upper management point of view so um was she actually offered assistance from other establishments if she needed it she was she was yeah and failed to failed to follow through on that correct M Madam chair members of the board we apologize it's a a manager failure it was unintentional you know unfortunately we're as much a victim as anyone in this circumstance and the person paid for with their job she actually didn't even respond afterwards to inquiries as to what happened failed to respond for a couple of days and was then just let go um so I we're sorry how long did she work there Ina you know or V yeah the Jola was I mean she's been with the company about six years but she that that location I would say almost a year in that position yeah yeah thanks I have no questions none for me thank you no questions thank you thank you the board will take this matter under advisement as well thank you all thank you those are all the items before the board this morning uh that will adjourn this hearing once again as a reminder the board will vote tomorrow uh Wednesday June 26th at 1 p.m. notice has been posted to the city's website uh that concludes this hearing thank you all and enjoy the rest of your day thank you