Good morning. Thank you all for joining me. We'll get started in just a moment as we clear the waiting room. As a reminder, as you are entering from the waiting room, please do remain on mute unless or until you are uh testifying before the board.
Good morning. This is a hearing before the licensing board for the city of Boston. Today is Tuesday, January 27th, 2026. 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 everyone. My name is Kathleen Joyce. I'm chair of the Boston Licensing Board. Today I'm pleased to be joined by Commissioner Liam Currin and Commissioner Cam Saxon.
>> Thank you very much. Please ensure that your audio and visuals are working properly if you will be providing testimony before the board this morning. I'll call each item in the order that it appears on this morning's agenda. I'll then ask who is present on behalf of the Lency, 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 Lency or the 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 firstirhand personal knowledge of the alleged incident. Leading with the first item on this morning's agenda, calling item number one, 94 Shirley Street, Boss LLC, located at 94 Shirley Street in
Roxberry. Date of the incident, October 3rd, 2025. Indecent assault and battery employer on employee in violation of Mass General Law Chapter 140 section 9. Who is present on behalf of the Lency? >> Morning.
My name is Riley Andrews. >> Thank you, Miss Andrews. um and your relationship to the license lency. >> Uh I am a director of operations for the company who operates the LLC. >> Thank you very much. Who is present on behalf of the Boston Police Department?
>> Detective Gallagher can read it in. I I was uh under the impression that the officer was going to be here. The detective, however, is in court. >> Thank you, Sergeant Detective Gallagher. Um, I do not see the officer. Um, so thank you for reading that in for us. 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 tell the truth, the whole truth, and nothing but the truth? >> Yes. >> Thank you. Subjective Galler, if you
could please read the report into the record for the board. >> Yes. be reading a Boston police report that was authored by officer Kenny Ael about 1:45 a.m. on Friday 10:325. Officer Ael and the Bravo 436 responded to radio call for a sexual assault
report at 94 Shirley Street. Upon arrival, officer spoke to the 911 caller who works at 94 Shirley Street, which is a food restaurant that has over 20 kitchens private companies. The victim identified the suspect as the owner of the restaurant Elonce in room number 124
whose name is Luis Trenz. The victim states that he was talking to the suspect of how he wants to open up a business in the future in which the suspect began asking him to send him $100 via Cash App. The victim stated that he was not sure why the victim
wanted to send him $100, but the suspect insisted and gave the suspect his cash app to which the suspect sent $100. The victim stated that he tried to hug the suspect Lewis Art Buz to thank him for sending the $100. The suspect
reached his open hand down and grabbed his dick. The victim stated that he was able to push the suspect off him. The suspect then stated the incident happened at about 12:57 a.m. on today's date. The victim denied the need for medical attention. The incident took
place near a camera in the main lobby. Officer was notified that the suspect had already left the scene. The Bravo 913 Sergeant Duran notified in which he also notified Sergeant Detective Devito.
Uh the second report is uh authored by Detective Michael Miller. At about 9:18 p.m. on Friday 10:325, detectives Miller and Laughlin conducted a licensed premise inspection at Roxy's New Market Food Hub located at 94 Shirley Street in
Roxbury. As a result of the incident in decent salt and battery that occurred at about 1:45 a.m. on Friday 10:325, Sergeant Devito instructed detectives Miller and Olaflin to conduct a license premise inspection of the Roxy's New Market food hub in issue a violation for
the indecent assault and battery which occurred between an employer and the employee earlier that day. Detectives Miller and Olaflin walked into the area Rocky's new market food hub which was accessible to the public [snorts] and were unable to locate any of the licenses or permits in plain view.
Detective Miller and Olaflin were brought to the back of the business by employee area and business which there was a health permit hanging on the wall. Detectives Miller and Laughlin were then brought back to a room where a board with two additional permits was sitting
on a desk. It should be noted that the board appeared to be broken. Roxburg's New Market Food Hub was issued a violation for the indecent assault and battery occurred and there were about 1:45 a.m. on Friday 10:325. Detectives Milan Laughlin observed the permits and
appeared to be in order. However, they as previously noted they were not posted in a conspicuous area. These violations were noted on citation number 044185. Copy of citation 044185 which contained the above listed
violations was left with Jasmine Tahada who was the person in charge of the business at the time of the license premise inspection. That that's all I have. >> Thank you very much. Miss Andrews, would you like to address the alleged incident? >> Yes, absolutely. Thank you for your
time. Um, so the first piece I'd like to address is there seems to be just a slight misunderstanding in regards to the sexual assault being perpetrated by someone at our company holding the LLC. So our business functions more like an apartment building and each of the
individual licenses hold their own licenses for each of the individual kitchens within our space. The sexual assault was was perpetrated by one of those lenses. they have been terminated by their employer and we took all appropriate actions to remove them from
the premises. They are no longer permitted and we obviously as a company have a zero tolerance policy for that type of behavior, but they don't work for us. So, um just want to make sure we're clear that they are not working for us. They are not a part of our company. They do not belong under our
LLC. um they were an employee of a business that was operating within our facility and they are no longer allowed on premises. Um are there any questions I can answer on that piece before I address the permit? >> Uh yes. What is what is uh your LLC's
relationship? Do you have a management agreement with each of these, you know, tenants? >> Yes, ma'am. So, we have what is called a kitchen services agreement which does include a um u you know code of conduct um property rules all of these things
are signed in a legally binding agreement very similar to a lease but it is a licensing agreement so they don't have exactly the same rules as a tenant. Um but this is very very much covered under the agreement rules that there is a zero tolerance policy for this type of
behavior. Um and each individual uh operating space not only holds their own licenses with the city, their health permits, etc. Um but they also have their own license uh kitchen services agreement with us. >> Okay, I might have more questions after.
Um you can continue. >> Um so in terms of the permit, we are aware that the permit was not posted. The board had broken. Bad timing for us. Um and so it was being placed on a desk nearby with all of our permits um on it.
So we have since rehung the um you know the the board the new board with the health permits the um business license and our certificate of allergen awareness all the things that are necessary for us to operate the building. Um and it is posted in a
conspicuous obvious area within our building. Um, I do have pictures if anyone would like to see um where they are posted, but we have remedied that piece of the concern. >> Okay. Is that all you have? >> Yes, ma'am. >> Okay. >> Thank you. We'll see if there are any
questions then from the board. Chairman Joyce, any further questions? >> Uh, yes. So, how long did this uh tenant how long have they been operating under your license? Um my recollection is they had previously been operating with us
for about eight months at the time of the incident. Um we had no previous altercations or incidents with this particular employee. Um as soon as this was reported to us, we started um obviously we we supported our employee
in terms of uh filing the police report. Um and then we opened an internal investigation with a third-party um employee relations company that we employ. Um they then uh immediately banned the perpetrator from the facility
until the investigation was concluded. So uh within 24 hours of this being us being notified, this person was no longer allowed on premises. And um once we did the investigation, which took just a few days and interviewing all appropriate parties with our employee
relations team and investigation team, um this person was terminated and has not been on property since. >> Okay, one second. Um let's just see. So I'm I'm This is a different type of
license. Uh, it's a CV license in your company's name, right? >> Yes, ma'am. We operate the building. >> Okay. And there's 26 vendor spaces that share the lobby.
>> Yes, ma'am. >> Okay. So, first I'd like you to um share with us by email your internal report. Um, and tell me, so the hours of operation here are till what time? 2 2
everyone out by 2:30. >> Yes, ma'am. Currently, >> so how do you how do you manage that? >> We have staff on site until that time to make sure that everybody is closed. So the person who was assaulted is one of those employees with us in terms of we
call them um runners or shift leads um within our in our business from um but they are essentially there to ensure not only that the business is operating in terms of food going from kitchens into the hands of delivery drivers and other
uh customers. Um however they are also responsible for ensuring that you know everything's locked up at the end of the night. Okay. My concern here is that this is one license in your name and what happens under that license goes back to your entity.
I don't think you can fully disconnect yourself and say that it's a just a management agreement. >> Um okay, >> that's my that's my opinion. Um, so if you could send the internal reports and let us know what you did following this incident as far as discipline and
retraining staff and um is this uh tenant still operating there? >> The tenant is operating but that employee has been terminated. >> Okay. So who does the termination you or the operator? >> The operator would do the termination as
they are employing that person individually. Um we we operate um a number of these facilities and it is always a little bit tricky um because we're a newer concept to try and sort of explain how this all works. Um my
understanding in you know other locations that we operate we operate under a general business license to hold the food safety for the facility. So we are um responsible for understanding that we have multiple businesses that are operating individually with their
own licenses. So each of those businesses also has their own business and health permit. >> They don't they don't have a license between us. You're before us. You're the only entity that we have a license with. So ultimately any sort of incident that happens at this property is your responsibility. So that's what I'm trying to say. Thank you for
distinguishing that at the beginning that they have their own food permits. But as far as if this was if this was an issue and we were seeing that you were that there was a violation, it would be on 94 Shirley Street Boss LLC. Just so you're aware how we see it. Okay.
>> We do have other similar similarly situated places in the city and ultimately you hold the CV, you hold the license um and you're responsible for everything that happens under that license. >> Understood. happy to share all of the documentation, the investigation, and
what actions were taken on a timeline, as well as to provide you with any documentation around what our licences agree to in terms of ownership of responsibility, uh, zero tolerance policies, and general property rules of engagement.
>> Thank you. Um, Commissioner Caro, or Commissioner Sax, do you have any questions? Uh, >> no questions. Just to state that, um, I'm seeing it the same way the chair has is seeing it. So just want to state that. >> Yes, I would be curious to see the um the management agreement and um if there
are any uh like code of conduct um clauses in there. Thank you. >> Thank you. With that, the board will take this matter under advisement. Um as requested, please do forward over the internal reports, the timeline you referenced, and any internal policies management agreements between the Lency
um and the vendor at at the center of this incident. Um you can forward that directly to licensing board at Boston.gov. They'll make sure that it is shared with the commissioners when received. Thank you. With that, we will uh move on to item number two on this morning's agenda. Calling Cantina Hospitality LLC
doing business as Taco Bell Cantina located at 1222 Commonwealth aston 2025. Assault and battery patron on patron in violation of Mass General Law Chapter 140 section 9. No ISD posted in violation of Mass General Laws chapter 140 section 9. Who is present on behalf
of the Lency? Good morning, Secretary Green, Chairman Joyce, Commissioners Tom Miller from McDermaculty, Miller, and Hanley here uh on behalf of the Lency. I'm joined today by Jim Rooney, Arturo Escalante, Israel
Vega, and Rose Leman from uh the Lency. >> Thank you very much. Um I don't know that I see all of those individuals. Um so if you are going to be testifying this morning, please do make sure you're on camera so we can swear you in. Um, while I'm waiting for that to happen, Oscar was president on behalf of the
Boston Police Department. >> Sergeant Detective Gallagher can read it. Officer Jenkins wrote the initial report if you see him on uh online. >> Thank you. Uh, Officer Jenkins, if you are with us, if you could please um come on camera and uh introduce yourself to
the board so we can bring you in. >> Looks like it is you, Sergeant Dallagher. >> Yay. [clears throat] >> Can all of those who are 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? Uh can those uh from the lency who are planning to testify please raise your right hand attorney do you know who will be testifying on behalf of the lency believe uh Israel Vega and Jim Rooney may chime in but the majority of what
you're going to be hearing today is me. >> Great. Mr. Veger or Mr. Rooney if you are planning on testifying if you please raise your right hand. Otherwise um thank you Mr. Rooney. Uh do you sort of tell the truth the whole truth and nothing but the truth? >> I do. Thank you, sir. Detective Gallagher, if you could please read the report to the
record to the board. >> Yes, I'll be reading the Boston Police in report that was authored by Officer Chris Jenkins. At about 10:44 p.m. on Saturday, 10:1125, Officer Jenkins and UKA assigned to the Kilo 104 responded to a radio call for
assault and battery at Conworth Avenue in Harvard Avenue, Brighton, the Taco Bell. Upon arrival, officers observed the victim inside of Taco Bell, who was later identified as Ayaz Shudri, had a blood on the back of his jacket and a small cut in his lip. Chadri had
stated to officers that he was waiting in line when he was seen, giving the suspect a certain face gesture due to the ignorance of the suspect. Charry continues to state the officers that the suspect had approached him and asked him how old he was. Charry had told him he
was 17 years old, but told the officer he had lied to the suspect. In fact, he's 27 years old. The victim continued to listen to the music through his headphones, try to avoid speaking to the suspect. Chry stated to officers that when the suspect just swung at him five
or six times and then fled the scene. Offici if he wanted to request EMS him to be treated, Shri had declined the request. Suspect described as a black male about 38 with two gold nose piercings was wearing a gray was wearing
gray shorts. Officers canvas the area for the suspect to no avail. Body warn cameras were activated. Second report is my report myself and detective Hernandez followed up on this on 10:29 2025 at about 10:15 S detective Gallagher.
Detective Eddie Hernandez assigned to license premise unit responded to Taco Bell at 12:22 Com Avenue to speak with staff about assault and battery that occurred inside the premise on 10 11:25 10:15 p.m. The altercation was between
two patrons. Spec spoke to the manager, Miss Alejandra Mercedes, over the phone. Miss Mercedes stated that she was not working that evening, but there was video that she would try to retrieve over to the detectives. As a result of what had occurred, Sergeant Gallag
issued license premise inspection notice number 021278 to Taco Bell Cantina for assault and battery patron on patron. Addition, detectives were unable to locate a current inspectional service certificate. Copy of the notice uh was and a business card was left for Miss
Mercedes. That's all we have. Thank you very much. Attorney Miller, would you like to address the alleged incident? >> Thank you. Um, Sergeant Detective Gallagher, uh, I know you weren't present for the first incident, but when you, uh, returned to the establishment, was the staff cooperative with you during during your interaction with them?
>> Yes, sir. >> Thank you, Sergeant. Nothing more right now. uh since the incident um it's my understanding that uh the video was loc well the video was located and it uh my understanding is it was provided to BPD
um if that has not happened uh or has been lost in the shovel we are happy to provide it further um as additionally the uh ISTD certificate has been provided to the board uh as well that was just uh it was misplaced that night uh we've confirmed it is up now uh and
hanging currently in the establish forcement. Um, as for the incident, the inciting incident itself, it was regrettable but also unfortunately unforeseeable uh for the Lency. Uh, this incident escalated from what appeared to be a close conversation to uh an
unfortunate unwanted um physical assault within less than 10 seconds with the suspect then leaving the establishment less than 10 seconds after that. Um immediately after the incident uh the shift leader uh was notified and came
out to check on Mr. Chowry. Uh she as she approached him she realized and checked in on him. Uh Mr. Chowy had already initiated the call to 911. Um the staff here uh train the lency here trains their staff uh and has policies
and procedures in place to respond to incidents and deescalate situations. Uh all staff receives training when they're onboarded. Uh and all managers and shift leaders receive further training again uh before they start their role to become you know internally certified in deescalation policies and procedures. Uh
all managers who receive deescalation training um in situations like this. Uh they also receive situations uh training on when to call the police. Uh you know what incident is an appropriate time to call the police and what incident isn't.
Unwanted physical contact always requires uh a call. Uh in this instance um it would have been redundant as as soon as the manager was notified and she was able to come out and speak with him. Um you know short very and shortly after
the incident uh the police are already called. Um this incident you know unfortunately escalated. It was between two people who were apparently speaking very close. Um you know the video of the incident shows them speaking very closely. nothing overtly threatening or
posturing uh between the two uh and then transitioned very quickly to physical contact and then the suspect leaving the establishment very quickly afterwards. Uh there was no time for the staff to step in and deescalate the situation uh or to notify the manager to do the same.
Um and you know there was no imminent uh indication that violence was close. Um since the incident uh the lency has reiterated the importance of conflict resolution and deescalation to their staff, when to involve a manager and when to call the police. Um at this
point, I will uh be happy to answer any questions from the board and address any any comments you may have. >> Thank you very much. We will see if there are any questions at this time. Chairwoman Joyce. >> Uh thanks, Attorney Miller. Um is that the video that you have? Is that sharable?
>> Yes, I will share with the board. That would be great. That's really all I'm interested in just to see how long this happened, this took. [snorts] >> Thank you. >> It, you know, it was the timeline. I mean, literally, it was uh a pro less than 20 seconds from its start to the
suspect being out the door. So, it was it was very quick. In total, the suspect was only in the restaurant for less than five minutes. Um, and they were only in the restaurant together for less than three. >> Okay, that's very helpful. Thank you.
>> Does Does the video have the suspect entering the restaurant? >> It does. >> Okay, I'll wait for the video. Thank you. >> No additional questions from me. Thank you. >> Thank you. Uh, with that, the board will take this matter under advisement. Please do forward the video when you are
able and I'll share with commissioners. >> Thank you. >> Thank you. Calling item number three, Facility Concession Services LLC doing business as Spectrum located at 89 Guest Street in Brighton. Date of the incident August 28th, 2025. Assault and battery patrons on police officer in violation
of Mass General Laws chapter 138 section 64. Chapter 265 section 13D and assault and battery patrons on employee in violation of Mass General laws chapter 138 section 64 chapter 265 section 13A was present on behalf of the lency. >> Good morning madam chair, members of the
board, attorney Green, Kristen Scanland for the Lency. Also signed on with us today are Damen Healey who is the GM and manager of record of the entertainment license, Michael Mccur, who's the GM and manager of record of the liquor license for the license premises, H Ibrahim who
is the director of the 5280 security group, uh Jason Davies, who's also a security supervisor, and uh Sumel or Melly Feliz who is security staff on that evening as well. >> Thank you very much. I do see all five
individuals. So, thank you. Who is present on behalf of the Boston Police Department? >> Yeah. >> Sergeant Gallagher, are you still with us or is the reporting officer on item number three with us this morning to testify?
See, Detective Bernades are you on mute currently? Sorry about that. If I can read it into the record if available. >> Thank you. Are there any other individuals of firsthand knowledge of the alleged incident who wish to testify this morning?
>> Can you all please raise your right hand? Do you sort of tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you, Dandis. If you could please read the report into the record for the board. >> Good morning. I'm going to be reading a report written by uh Officer Martinez.
At about 10:02 p.m. on August 28th, 2025, Officer Martinez, while assigned to the Kilo 424 prank, responded to a radio call for assault in progress at 89 Guest Street in Brighton. On arrival, Officer Martinez observed a male later
identified as suspect number two, Jonas uh Gomez, on the floor crying. Officer Martinez also observed a female later identified as suspect number one um Accassia Gomez to be distraught and yelling at security. Officer Martinez
spoke to to security who stated that their coworker slash the victim Dalia Knap was inside of the building with EMS. Officer Martinez proceeded to the inside of the building and observed the victim to be bleeding from her right eye. Officer Martinez asked the victim
what she was hit with to which she responded a heel by the victim that was removed by security. Officer Martinez informed the arriving officers about the incident. Officer Martinez made se was made aware by
suspect two that suspect one was his twin sister and he was out celebrating their birthday and and uh they were removed by security. Suspect two reported that security had physically removed them from the building, citing a
need for self-defense. Officer Martinez observed suspect two to have cuts on his elbow, to which the suspect declined medical attention. Suspect one was placed under arrest for battery with a native weapon to with a heel. Officer Martinez explained to suspect two that
his sister was being placed under arrest and he needed to get a ride home. Officer Officer Martinez observed suspect two walk away from the scene. Uh moments later, Officer Martinez heard yelling coming from the front of the establishment. Officer Martinez observed suspect two trying to force his way into
the building while pushing and charging at several security members. Officer Martinez requested additional units to respond to the location via channel 5. Offer Officer Martinez briefly succeeded in separating the individual from security. Suspect two successfully
shoved officer Martinez arm away. The suspect continued to resist by tensing his arms, pulling away and ultim ultimately squaring his body at officer Martinez while saying, "Oh, hell no." and pushing his arms up in the air.
Officer um Martinez [clears throat] attempted to place the suspect under arrest in anticipation of the suspect's imminent thought. Officer Martinez grasps the suspect's arm, which the suspect managed to release from him from release himself from. To secure the
suspect's cooperation, Officer Martinez Martinez struck the suspect in the abdominal region three times to affect the arrest. Officers Healey and Wondo ultimately responded to assist officer Martinez in placing the suspect in
custody without further incident. Officer Martinez spoke to Mr. Jason Davies, security supervisor, who stated that he and his security team were punched and assaulted by the suspects when they were asked to leave. Mr. Davies stated he was removing suspect
two for underage drinking. Mr. Davies stated that both parties began by pushing the staff. Uh uh Mr. Davies stated that suspect one Aashia Gomez removed her heel and struck his security officer the victim Dalia
nap in the right eye. Suspect one Aasia Gomes was placed under arrest for the following charges. Assault and battery with a dangerous weapon to heal. Uh suspect two is placed under arrest and will be charged with the following disorderly conduct. Assault and battery on a police officer resisting arrest.
The kilo 916 Sergeant Gould. than kilo 915. Sergeant Schmidt responded to follow up on a code 35 violation and a supplemental will follow. Officer Martinez was transported to Boston Medical Center Brighton for treatment. Both the MF
um A14 Phanto and Wong responded and transported the victim to Massioneer Hospital. Officers confiscated the suspect's left and right heels which will be logged into D14 evidence control log page 94. And then the following units responded
and assisted. Kilo 202, the kilo 102, kilo 104 body warns cameras activated and both uh and recorded both incidents. >> I believe that is all that I have here. >> That is all that we have as well. >> Thank you, Detective Hernandez. Attorney
Scandlin, would you like to address the alleged incident? >> Uh, please. Um, some questions for you, Detective Hernandez. Although I know um you weren't there and this was author authored by um Officer Martinez. Um but just to confirm a few things that were
um indicated in the report um you indicated that officer Martinez responded to a radio call for an assault in progress. Correct. >> Yes, ma'am. >> And this call to your knowledge came from the licensed premises. Um, I don't know if that's
>> if you know. >> I don't know if that's here in the report, ma'am. >> Okay. Um, upon arrival, Officer Martinez was directed to the victim who he learned was a female member of the licensed premises staff, Ms. Knap. Correct. >> Yes, ma'am.
>> And at that time, she was bleeding above her right eye. >> Yes. >> This particular incident had uh two suspects involved. One named Aacia Gomez, date of birth August 7th, 2002. And two, Jonas Gomez, date of birth,
October 29th, 2003. Correct. >> Yes, ma'am. >> And to confirm, officer Martinez learned Miss Knap's injury was caused by suspect number one, Miss Gomez, throwing a heel at her. >> That's what the court states, ma'am. Yes.
>> Thank you. to confirm as well. Upon arrival, it indicates officer Martinez observed suspect one's behavior where she was yelling at members of the licensed premises security team. He actually
>> and shortly after uh that suspect one was placed under arrest for assault and battery with a dangerous weapon. According to >> an officer Martinez then explained according to the
report to suspect number two, Mr. Gomez that uh his sister was being arrested and he needed to get a ride home. Correct. >> Yes, ma'am. the the excuse me, the report also indicates at this point in time uh Mr. Gomez left but came back shortly
thereafter and he was observed yelling and trying to force his way back into the building charging at several security members. >> Yes, ma'am. >> And at this point in time, additional units were requested by Officer Martinez to assist. Correct. >> Yes, ma'am. >> Officer Martinez attempted to contain
suspect number two, Mr. Gomez, but he resisted both verbally and physically according to Officer Martinez's account. Correct. >> That's correct. >> And Officer Martinez um indicated that the suspect squared his body to him as
if to welcome a fight. Correct. >> Correct. >> And Mr. Gomez was ultimately arrested as well for disorderly conduct, assault and battery, and a police officer and resisting arrest. according to the report. Correct.
>> Most correct. >> Following both uh following the arrests of both suspects, uh it indicates officer Martinez spoke to Mr. Davies, who is the security supervisor, who informed Officer Martinez that members of his security team were pushed,
punched, and assaulted by the suspect when they were asked to leave. Correct. >> Yes, ma'am. And also according to this report um under offense number one shortly after the narrative section um it indicates that there was no suspect
suspected alcohol consumption or that alcohol was a contributing factor. Correct. >> I don't know that I wouldn't say ma'am though. Is the box on the report marked? No. >> Where are we looking at mass? >> I'm sorry. Under offense
one, which is listed shortly under the narrative section on page three of seven of the report. >> Yes, ma'am. >> And uh on in that same >> I see her again. I see it says uh it's it's checked no there, ma'am.
>> Thank you. And right next to there it says suspected drug use and the box for no is also checked. Correct. >> That's correct. M >> and to your I know you don't have personal knowledge but according to the report um
staff was cooperative at all times with officers while they were on scene. It >> it appears so from from the report it does. Ma'am, >> thank you very much detective. I appreciate that. Uh no further questions at this time. Um [clears throat] Madam Chair, members of the board if I may. uh call Melly Feliz who's security staff to
testify and also mention prior to um um starting her testimony. We did submit to the board um an additional statement by another security um team member who was involved and has direct personal knowledge of this event but was unable to attend this morning's hearing. Um we
submitted that this morning to the board once he signed that. Um but Miss Feliz, can you please say your name for the record? Hello everyone. My name is Slies. >> And what is your place of employment and title there?
>> Uh I am a supervisor for Terrarian Company. >> And where do you where are you employed via Terrarian Company? >> Uh various places but mostly at Roadrunner. >> And were you working on the evening of
August 28th, 2025? >> I sure was. How were you first alerted to the incident that ultimately unfolded with the male and female suspect as discussed in the police report? >> Um, I was alerted by a radio call and the radio call was uh from Pat, which
was the other person that um also did the testim the testified. Um, I was called by Pat uh for a female ROR to the scene um just for backup uh to be involved because it was a female
patriot. >> And that's standard procedure for security if there's a female involved that requires security uh assistance to call another female security officer. >> Absolutely. When there's a male. Yep. >> Thank you.
when you arrived on scene um to where uh Pat called you, what were your observations? >> Uh my observations were that the what's that the female was really upset uh throwing out slurs, angry, uh yelling,
uh was basically upset that we threw her drinks out, that they were there that they were being escorted out of the venue. Uh what if anything did you do at that point to assist? >> Well, at that point because the female was um getting aggressive or physical
with Pat, I basically just became a body, a shield between her and Pat as we as we were escorting them out. >> What was she um doing or what were your observations that she was attempting to do towards the other security officer?
>> Uh she was reaching over me. Uh again, she was yelling, screaming, swearing, uh absolutely horrible slurs. Um so yeah. >> And how many other security members approximately if you know were involved in escorting the suspects out of the
premises? um approximately I will say about six or seven because I was I was basically um um I was assisting the female but her brother was also being escorted out so there was
about six or seven of us. >> Okay. And uh Dileia Knap was one of the security members. >> Yeah, Dia was um she was behind me. She was Yep. And at what point did you observe the assault on Msnap?
>> So I was face to face with suspect one which was Acacia Gomes. I was face to face as we was going from the lobby area into the vestibule right before exiting the venue. So as we was going into the
vestibule, I'm facing the suspect number one and escorting her out, letting her know that she has to go. I see her physically taking off her shoe and flinging it over my head. I was not aware that any was anybody was hit. My focus was basically getting her out of
the venue. I noticed after. >> Thank you. And last question. To your knowledge, uh were there any issues with these particular patrons upon arrival? >> Um I did notice them come in. I'm
usually at um the doors of the venues. I am queen of the front. Um, but I did notice them come in. The female was a little bit rowdy, but other than that, it was a very typical Thursday night um
very high high energy concert. So, >> okay. Thank you very much. >> You're welcome. >> U Madam Chair, members of the board, if I may, as indicated in the police report, um this particular call came from the licensed premises. Um it was placed by security supervisor Jason
Davies who's also here this uh morning should the board have any questions for him regarding that. Um this particular evening was a performer known as David or D4VD who was performing. He um is an
alternative indie style music. Um, and at approximately 9:45 p.m., the staff started receiving some complaints that these particular two suspects were eliciting a bit of unruly behavior, behavior that wasn't really fitting the environment, like they were
more at a metal and dance party for what was otherwise more of a mellower show. Um, at that time they were on the floor um, house right side of the balcony. Um, at that time staff also honed in on them and after some observation approached them. One staff noticed that they were
bothering other people, potentially showing signs of erratic behavior or intoxication. We don't know if it was from alcohol or other substances or even mental illness. Staff then made the decision, as they do from time to time, to not serve the male patron, in particular any alcoholic drinks. As is
policy of the LE, there are many reasons staff may choose to use their discretion to refuse service to any patron. They do recognize that when people come to shows at their venue, they spend a lot of money on concert tickets. So, they aren't necessarily trying to end or ruin their night, but are not nonetheless
aimed uh aiming to operate responsibly. So, they don't want to jump to an immediate ejection if they don't have to and if it's not warranted, but rather basically say to the patron, you know, please stay and enjoy the show, but you won't be consuming alcohol anymore. In this case, uh we do have a record which
was submitted to the board of serving one round of drinks to these two patrons. Um that particular evening when security approached them, they essentially told them they needed to settle down a bit and made the judgment call per procedure uh to pull their wristbands, which of course the wristband otherwise indicates they're
legally allowed to consume alcohol. Later, and as you heard in testimony and from statements submitted to the board, a little while later, staff observed the male suspect consuming alcohol again, which was passed off to him by the female suspect. They continued obviously to keep eyes on them once they had given
them the warning um to make sure they complied as they do. They didn't. They saw behavior elicited um that they had verbally prohibited. Um and the second response was to eject them from the building. Uh both were combative. Um as
you heard from testimony, multiple guards responded. Um but it was relatively uneventful in the sense of extreme non-compliance until they reached the exit of the premises. The male temporarily acquiesced, but the
female continued to um grow increasingly aggressive as they were being escorted from the building. on video, which was preserved and submitted um in detail to BPD um as part of their investigation and the criminal charges pending regarding this matter. At one point, you
can see the female suspect take off her shoes and have them in her hand. And right as she gets to the door, she swings um the shoe that hits the um female security guard, Miss Knap, in the eye. Of note, uh Ms. Knap was called in order to deescalate the scene, similarly
to Miss Feliz, as she explained. um to assist to remove the patron. But at this point, she had not exchanged words with the female suspect when she without warning struck her in her face, which required a visit to the hospital with punctures to her upper and lower eyelid and temporary loss of vision from this
unprovoked attack. Both guests were outside by the time police arrived after the call was placed from the licensed premises. And as you heard in the police report, both suspects were placed under arrest for assault and battery of deadly weapon, disorderly conduct, assault and
battery on a police officer, and resisting arrest. Uh we have no knowledge at this point of whether they were under the influence of any substances, but for the two drinks served them inside the premises. The facts lend themselves really to the fact that there were two unruly people that didn't care about anyone in a position
of authority. In this particular instance, staff did everything they should have done from a licensing compliance perspective. And it wasn't foreseeable that upon asking patrons to leave due to violating direct rules that were verbally uh issued to them that they would assault a member of staff as
well as responding a responding police officer. Again, as I indicated, staff further cooperated by providing all video footage to the police for their review and preservation as it relates to the criminal charges against the suspects. Um, which Mr. Healey can certainly testify to based on his
communications with the police regarding this incident. And at this point, we're certainly happy to answer any questions or uh address any concerns the board might have. >> Thank you very much. We'll see if there are any questions at this time. Uh beginning with Chairwoman Joyce.
>> Uh thank you. And apologies if you repeated this or said this earlier. What time did this um these two people arrive at the venue? Do you know? Damian, do you have the arrival time handy for the two of them? Uh,
>> I do not have the arrival time handy. No, >> because I'm looking at the statement of Patrick Sterling. It says he started observing them a little after 9. So, I was just wondering how long they had been there before they started acting erratic. Had they purchased drinks before that?
[snorts] We can look at the video again and review that just to confirm what time they entered the video or entered the premises. and um get back to you. >> Okay. Um one one more second. Um
so this receipt the 3191 who whose receipt is that? [snorts] That was the receipt of um Aacia Gomez I believe. Even Michael
Mccur can confirm that. >> Uh, yes, that was hers. That was the one transaction that we had from her. From her. Okay. But it sounds like from the security guard's report, he had also made purchases, too.
He had also made purchases according to Pat Sterling. Um, he didn't he didn't know how many purchases, but he saw them drinking. He didn't see them purchasing. >> Okay. If you could just do a quick search for that as well. >> We did, just to confirm, we did search
um for any um purchases by Jonas Gomez and none were found. >> Okay, that's helpful. Um thank you, Commissioner Carino. Commissioner Saxon, do you have any questions? >> I have no questions. Thank you. >> None for me either. Thank you.
>> Thank you. If there are no further questions, uh then the board will take this matter under advisement. Uh, thank you very much. Calling item number four, same lency, facility concession services LLC, doing business as Spectrum at 89 Guest Street. Date of the incident, October 7th, 2025.
No accurate count for each level in violation general law 138 section 64. Overcrowding the mosh pit with three injured in violation of Mass General Law Chapter 138 section 64. And over intoxicated underage patrons in violation of Mass General Law Chapter 138, section 64. Um, train scan, will it
be the same witnesses for this item? >> Same. But just to confirm, Mr. Healey, Mr. McCur, Mr. Ibrahim, Mr. Davies and Malie's, you're good to go. Thanks. Thank you. Who is present on behalf of
the Boston Police Department? >> Back to Hernandez. I can read it if nobody's here for the uh this one also. >> Thank you, Detective Hernandez. Uh are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning? >> All of these witnesses have been
previously sworn in. Uh that being said, Tedes, could you please read the report to the record for the board? >> Good morning, sir. Again, I'll be reading a report authored by uh Officer Agado on 97 p.m. on Tuesday, 10:7 2025. Officer
Margato responded, excuse me, while assigned to a paid detail, responded to a radio call for a sick assist at 89 guest Street Road in Boston. Also assigned to the paid detail officers payment and saera and uh D14 units also
responded. There's a huge list of people that responded to this call. It's going to skip right through the act. [clears throat] Uh BPD channel 5 dispatcher assigned the kilo 102 rank to radio call for sick assist. Multiple calls for patrons
passing out inside the venue. At that moment, officers assigned to the to the detail did not have any information about from staff about the incident. Officers were made aware that the crowd was concentrated in the front of the stage pushing against the barriers.
officers were informed by security manager Jason Davies and general manager Healey that the crowd was requested multiple times via speakers to step back away from the barriers due to the fact that people were being pressed against the barriers and getting hurt to which
the crowd did not comply. Officers were informed that at the time about 15 victims were evaluated by Cheron Safety Group. The venue hired their own EMT staff and Boston EMF EMS services were
not needed. Um, no victims transported to the hospital. Officer Margato was able to obtain the information of the following victims. There's a list of victims here. All victims complaining that they were nauseous, lightaded, overheated, and vomiting. The victims
did not inform the officer directly about alcohol consumption, but Cheron staff informed uh that the victims informed that they consumed alcohol. Officer Mgado was informed by fire chief man that at the
moment of the incident uh 3,190 patrons were inside the venue. Maximum capacity uh 3,490. The kilo 814 completed a code 35 licensed perm inspection notice 007501
signed by Healey and copy provided body warning camera activated. There's a supplemental hearing reported that I had about 225 hours on Tuesday 1072025
detective which image kilo 814 heran kilo826 at the direction of sergeant detective zucci kilo 980 conducted at code 35 of roadrunner nightclub in uh relation to a sick assist incident. Detectives were also notified by
District Chief Moran from the Boston Fire Department about headcount violations as the establishment did not maintain accurate count for each level which was restricted by license to a set number of patrons at each level and only maintain total number of patrons inside
the building. Uh, District Chief Moran notified Detective Luchevich that it appeared most patrons were on one level which appeared to be well over capacity. Um, it it should be noted total count
was 3,190 inside the building and maximum capacity being 3,439 and each level allowed approximately,00 to,200 patrons. detectives which have issued um violation notice 007502
for no accurate count on each level and reported by district chief Moran. Three patrons injured an overcrowded marsh pit incident and two underage patrons dehydrated due to intoxication. Violation was signed by Damen Healey who was polite and cooperative with detectives. Copy of violation was
provided to him. Thanks. That looks to be it. >> Thank you, Detective Hernandez. Bernie Scandler, would you like to address the incident? please. And some questions again for you, Detective Hernandez. I know um you weren't personally there and just reading it in, but wanting to confirm a
few things um via the report. So, Officer Margato or Margotto was um working a paid detail inside the venue on the night in question. Correct. >> Yes, ma'am. And it indicates that at approximately
uh 9:07 p.m. Officer Margato responded to a radio call for a sick assist. >> Yes. >> If you if you know this um Detective Hernandez, well um members of the Boston Police Department are working paid detail inside licensed premises. Uh
they're in regular contact or contact as needed with staff about any incidents requiring or that may require police assistance. Correct. >> Yes. That is how it works. Yes. >> On this particular evening, um in
addition and if if you know um in addition to the BPD paid detail inside the premises which officer Margato was a part of um I think it indicates Boston Fire detail and EMS detail were also on site. Correct. Prior to the additional units responding. >> Yes.
>> Okay. Thank you. As a practical matter, if while you're working a detail at a licensed premises, again, if you know, and there's an emergency with a patron or patrons requiring assistance, um it's customary that um the BPD detail are notified by
staff and our management. Correct. >> Correct. And prior to the additional unit's arrival that evening, um, officer Margotto doesn't know uh, indicate anywhere in the report that he was aware of any instance requiring police
assistance. Correct. >> Well, it says yes that they did not have any information from staff about any of the incidents. So, they were >> they didn't know about any of this. Thank you. [clears throat] Regarding the part of the report where it was alleged that multiple calls for
patrons were passing out inside the venue, we have no information um in officer Margot's report about uh or knowledge regarding how many calls were placed. Correct. >> Correct. >> Or how many individuals potentially
placed calls? >> No, we have no knowledge of that. Thanks. >> At one point, it appears Officer Margato was made aware that the crowd was concentrated in front of the stage pushing against the barriers. Correct. >> Yes, ma'am.
>> At any point in Officer Margato's report, um, did he indicate he observed people dancing in a violent manner in front of the stage? >> It's not in this report, ma'am. And at any point in the report does it indicate if he observed people jumping
up and down or deliberately colliding with others in front of the stage? >> I don't see that in this report. >> And at any point in in the report did officer Marggo indicate um that he witnessed a dedicated area in front of
the stage for crowd surfing or any of the behavior I just inquired about. see that in the report? >> Pardon? >> Uh, no, I don't see that in the report either. No, >> thank you. The report indicates that 15
people were evaluated by the on-site EMS team. Correct. >> We um there were people evaluated. Yes, there was a group of people there. Yes. >> And to confirm, there's no um statement
by officer Margato that anyone was transported to the hospital that evening. Correct. >> No, there was nobody. It doesn't say there was anybody transported there. >> And to confirm, it doesn't say that any injuries were reported that evening.
Only ailments uh or symptoms such as nausea, lightadedness, overheated, and vomiting. Correct. on page two. >> Well, I do have on the supplemental that looks to be it says that there were three patrons injured in the overcrowding marsh pit incident and two
underage patrons were dehydrated. Uh that was on the supplemental report. So I from that night. >> Okay. Um that was from the supplemental but officer Margato didn't indicate any of that in his report. Correct. In
>> his report. Correct. And [clears throat] in officer Margato's report, there's no information or evidence as it relates to any of the named uh four victims regarding alcohol consumption. Correct.
Only that um EMS staff informed that they may have or that they consumed alcohol. I they just on this report it says two under eight patrons dehydrated due to intoxication. I I don't have any further ma'am. >> Okay.
>> On officer Margar's report. It's uh only indicates that um people consumed alcohol and not that they were intoxicated. Correct. Yes, just alcohol consumption. I don't have any anything on that. >> Uh, and officer Margot doesn't indicate
in his report any um information regarding service of alcohol by the lency to any of the individuals rendered aid by on-site EMS. Correct. Fernandez question. >> He's still with us. >> I'm sorry to
Is there a question? I I I might be having some issues here. I apologize. >> Oh, sorry, detective. Um, in officer Margotto's report, there's no indication or or knowledge or acknowledgement of any service of alcohol
by the licensed premises to any of the individuals rendered aid by EMS on site. Correct. >> That's correct, ma'am. Sorry about that. I might have some audio issues here. I apologize. >> No worries. Um and lastly, um there's nothing in the report to indicate um
that staff was anything but cooperative at all times. Correct. >> That is correct, man. It appears that that that they were very cooperative. >> Thanks, uh very much, detective. Thanks for bearing with me through those. Um as I know you didn't have uh personal knowledge of of that. Um Madam Chair,
members of the board, if I may call Damian Healey to testify. Um uh please say your name for the record. >> Damian Healey. And what's your place of employment and position there? >> Road Runner. I'm the general manager. >> How long have you worked there?
>> Uh May of 2024. >> And were you working the evening of October 7th, [clears throat] 2025? >> I was. >> Who was the performer that evening? >> Uh Two Holls was the headliner. >> And what genre of music is that? It's
kind of a pop hiphop uh uh artist. >> What uh prior to that evening and with this artist booking, what was the anticipated demographic of the show that would attend? >> We were expecting a a much younger crowd
uh predominantly under 21 uh and and and under 18. >> What was your headcount ultimately that evening? We had uh 31 uh 81 in the building that night. >> And your overall capacity is what?
>> Uh 3439. >> And how many staff did you have on that evening? Uh we had 35 security guards, uh 15 front of house, uh 20 uh uh bar uh 22 bar staff
and uh as well as uh six facility staff uh four EMS uh and the uh two uh fire detail and uh the police detail that we ordered.
Can you generally provide a timeline of events that evening from doors opening to um the headliner going on and anything in between? >> Sure. Uh doors open up at 7:00. Uh majority of the crowd was online. Uh the
opener Romulus uh one the first opener was on at 8:00 p.m. with a very short set. Uh the second was uh Nate Stib at 8:20. Uh they came off the stage around uh
8:40 8:45. Uh during the intermission uh uh at about 8:50 uh we recognized that there was some uh pushing at the front of the barricade area and we began to
uh use the voice of God uh and have uh to ask guests to step away from the barricade, head up to the balcony where there was plenty of space. Um, there was also still plenty of space uh toward the back of the room as well on the bar levels and to the house left area of the
uh pit um or floor. Uh around 7, excuse me, uh 9 uh clock 910 9:07 would correlate. Uh we uh got uh information that the NYPD and
excuse me the Boston PD and uh Boston Fire Department had arrived. >> Damian Damen, can I just back you up before we get into that? And can you just explain for the record what Voice of God is? Just so >> Certainly. Uh we had uh Voice of God is is what we uh use to explain when we're
making announcements from the PA system to the entire crowd. And when you initially um used that tactic, when you recognized there was a compression issue towards the front of the stage, were concert goers uh compliant with th those requests? >> Uh
the uh some of the the crowd did in start to move away from uh the front of the stage and utilize the balcony. We also closed off uh the floor area or the pit area uh using security for people to come back in. So once they have left the
floor area uh you cannot get back in uh to the floor area at that time. >> And how many times if you recall um did you use that tactic with the voice of God? >> That was used repeatedly. Uh, I'd say it was used at least three times before the
uh police and fire department arrived and then it was used throughout the uh time that we uh I was walking around with the uh Boston Fire Department uh as they checked uh licenses and exits and [clears throat] egress areas.
>> So, you were handling um the compression issue prior to the additional units uh responding on site, >> correct? For the record, uh, does the premises have any designated area in front of the stage for a mosh pit or mosh pit- like activity?
>> No designated area. No. >> And was there any issue of concert goers um, eliciting behavior that one would find in Amasha? Violently shoving one another, crowd surfing? >> No. >> Uh, deliberately running into one
another, anything like that? >> No. If that type of behavior was observed, how would the venue handle uh that patron or patrons? >> Uh generally we'd have our security would spot it uh using one of our spotters and uh send rors into it to
break up any physical uh altercations. >> You mentioned BPD detail uh was ordered and on site that evening, >> correct? >> And how do you determine what type of detail you request from BPD? Um, based off of the, uh, nature of the
act, uh, the tickets sold, um, we do we, uh, order a tier, at least a tier two for every event we, we're open for, for every show we're open for. Uh, for this show, we had ordered a tier one because we knew it would be a very full show with a younger crowd. Um, and uh, we
wanted to make sure we were prepared. And similarly um EMS is EMS detail on site for every show? >> Yes. Uh generally we'll have two on. We did double it for uh for the show uh because the nature of the show.
>> And what about Boston Fire Department detail? >> We do have a detail on for every show that we have. Period. >> How and when were you first made aware? I know you indicated previously um that the additional units um from the PD, fire department and EMS units had
arrived. How were you first initially made aware of that >> of the arrival of uh a radio call? >> I was called to the front of the uh to meet with uh PD and fire department. >> Had you or any other member of your
staff called them? >> No. >> Why not? There wasn't a need at that point that >> what happened once the additional units arrived. >> Uh we held the show um and we cooperated
with all the requests for PD and uh fire department. >> Was there a delay in the headliner that evening? >> Yes, there was. >> What time did they ultimately go on? >> Uh about 10:15. They were scheduled to go on at 9:20.
And uh when they went on at 10:15, were did you have the all clear from all um units whether it was BFD, BPD on site to proceed with the show? >> Yes, at that point we were dealing directly with uh Boston Fire Department
uh and the nightlife division. We which uh I'd walked around the venue and uh presented all license requested, etc. >> How did the rest of the evening pan out once the headliner was on? Uh once the headliner went on, they'd be performed uninterrupted till the end of the show.
Uh which is about an hour uh hour, hour 10 minutes. Uh no further incidents. Show ran smoothly. >> To your knowledge, were any concert goers evaluated by the on-site EMS teams that evening? >> Excuse me. Say that again. >> To your knowledge, were any concert
goers evaluated by your on-site EMS team that evening? >> Yes. >> Approximately how many? >> 15 total. Do you know um or have any knowledge of what they were evaluated for? >> Uh generally it would be uh anxiety uh
overheating, nausea, >> dehydration. >> And to your knowledge, um were any of these evaluations for underage drinking or intoxication or over intoxication? >> Not that I was made aware of. After people were evaluated, um if you know,
did they remain for the show or were they ejected for any reason? >> No, they were remained. >> Any knowledge of anyone passing out? >> Uh just via uh uh what was explained to you
from EMS? >> Um do you know how many people? >> One person I believe. >> Okay. at any point and was that related sorry that one person was that related to your knowledge to any um
um alcohol consumption or intoxication? >> No. >> At any point in time during the period where the crowd was pushing to the front of the stage and based on your experience in the industry, was the staff um did the staff have it under control so that they didn't need to
require an emergency response? >> Yes. And at any point in time during the period that the crowd was pushing to the front of the stage and based on your experience and real-time knowledge at the events as you were there that evening at the premises, were there uh any medical emergencies that were not
being immediately assessed by on-site emergency personnel and staff? >> No. [clears throat] >> Thank you very much. Uh no further questions for Mr. Healey at this time. If I may also call um H Ibrahim who is the director of um the 5280 group, the
security team employed at the venue. >> Um Haz, if you could state your name for the record. >> Ham Iraham. >> Sorry for the misprononunciation. Um uh what is your place of employment and position there? >> I'm the director for the 5280 Protection
Group. >> And how long have you been employed there? >> Uh since 2014. What is can you uh give us a general understanding of your experience in this particular industry as it relates to security for entertainment venues?
>> Uh 247 years working security uh 24 of them being in management >> and how many shows in that time and how many venues do you think you've um managed for security?
Just last year alone, my team and I managed uh over 2,000 events uh including three two hala shows um as well as consulting services uh large scale music festivals and uh we do touring security uh both personal and
venue for several worldwide touring acts. >> Thank you. Um, on the evening of October 7th, 7th, um, how many of your security staff were on, uh, duty at the Roadrunner?
>> There's 35 guards on that night. >> And to your knowledge, how did staff become aware that there was a compression issue, as Mr. Healey explained, um, at the front of the stage? >> Um, you know, com combination of, uh, several things. um staff in the
barricades, spotters, management. Um it all kind of it all kind of came together at once. >> And how is uh a team under your management generally instructed to handle uh situations of compaction or compression with crowds?
uh the the industry standard procedures and best practices currently is uh just it's having spotters in place to watch the crowd and having uh very strong shows stop procedures. So if a show is
happening, we all know you know the uh the events of Houston that brought this to light. If there's a uh if there's if there's any sort of compression issues, uh the show has to stop. In this case, it was a uh the show was already stopped
and there was a uh and there was compression in anticipation of the headliner going on. And if there's music, you stop it. And if there's no music, you don't start until the until there's announcements made to uh to
loosen up the crowd. Um, generally, as Damian stated, is a voice of God, which is a general crowd announcement that everybody can hear over the PA system. Uh at larger scale venues there's uh usually video support that uh that gets
that gets done in tandem or large scale music festivals. Usually this venue of this size doesn't have the video support. So uh we do uh just several crowd announcements. Uh security at the back of the room. You know obviously you
can't pull the people from the front and tell them to move back with people behind them. So, it's just security at the back, loosening up the crowd. Um, not letting anybody else into the affected area and um you just keep moving them back and not, you know,
nothing starts till the crowd is satisfactory um you know, with the uh with the capacity and not just the capacity of the given area, the capacity of the uh of the crowd pack. So, uh, basically you
just you just do not put any music on. Do not give them any reason to sway, surge, or whatever originally caused those compaction issues. Thanks very much for that um explanation. Uh, in this instance, were those best practices that you just
described uh to your knowledge part of the procedure that that evening to successfully deescalate the brief issue that was happening at the front of the stage? >> They were. and that you got uh you know it was not brief. Um show was scheduled to go on at 9:20 and the show did not go
on until 10:15. So we were at it for quite a while and getting that crowd and you know we were holding the headliner like we should have. >> The the holding was also due to the additional units arriving and inspecting the premises too as well. Correct. >> Yeah, they were in tandem with each
other but we weren't we weren't going with the show. >> Thanks very much. Um, no further questions at this time, Madam Chair, members of the board, if I may. Um, as an initial matter and as you heard, this type of show has a bit of a younger demographic and following and, uh, will
state outright that these are somewhat the types of crowds that in, uh, their experience as entertainment operators. They see concert goers being a little less uh, than self-aware and cognizant about personal space. and for many often
a uh firsttime concert goer. Uh but to provide some logistical information at first um the capacity for this um particular premises as Mr. Healey testified is for uh 3,439 [clears throat] people. The floor
capacity itself is approximately 1,917 and the balcony 1,522 uh patrons. this particular evening had a headcount of under capacity, a total of 3,181. Uh you did hear how many staff and
security members were uh employed that evening overall throughout the venue as well as a tier one um BPD detail uh on site um which they request again for all events as well as Boston fire detail that's there for all events and EMS
detail that's a paid detail in there for all events. Um I want to take each of the three alleged violations in order for the sake of an organized and streamlined discussion if I may. Um as of the first count which is uh no accurate count for each level. Uh
essentially lency does admit to this um and has put mitigation measures in place. Uh truthfully, they did not have a precise count at the time in question, although they certainly had, as I just indicated, a headcount for the whole building that was well under um the uh
maximum occupancy amount allowed in the building, but they contend that they also do did not have an overcrowding issue on the floor, but as previously explained and you heard in testimony, a compression or compaction issue. At the time in question, the uh again the
entire building's occupancy was several hundred under total capacity. Uh nevertheless, since this show, they have implemented new technology known as Talifi, which is one of the better and more robust capacity counters out there uh that manages capacity and it's
essentially a tech solution for syncing real-time uh count data across large venues with multiple points of entry. So for in this instance for up and down in the balcony, what they generally did beforehand is is take the number from the balcony and back that number out. So they had an accurate count of what was
on the floor, which was not um over based on the the general numbers they had on the floor. But this technology m makes it um uh much easier for with a clicking system of all points leading upstairs so that they can count in real time and know in real time uh the exact
number of patrons going uh up to the balcony and leaving so that they'll always maintain an accurate count. So based on this system they can regulate how many people are downstairs so that they can push people upstairs um if and when needed. Damian can certainly speak to this I think a little bit more
intelligently and accordingly if the board has any questions regarding that. Um as to the second count, three patrons injured in a overcrowded mosh pit incident. Um we did submit video to the board including a um one in particular
which is the house left bar video. This is from the main pit part of the floor. And when you review that video, you can clearly see here there's plenty of room on the floor. And it's again more of a case of compaction and not overcrowding. Um, as you heard from testimony of both staff and in the BPD report, there are
zero reports of injuries. Um they did have complaints of symptoms and ailments of overheating which which was largely overheating and was promptly professionally and adequately being addressed in real time as reported by concertgoers by both staff and on-site
EMS detail which the lency again has for every single show that they book at the premises. Um, secondly, and as was also supported by testimony, the categorization of a mosh pit, the licensed premises, is just simply inherently false. No such thing exists,
and if behavior was observed lending itself to that, it would most definitely and promptly result in stopping it immediately. Um lastly, as to the third count of two underage patrons dehydrated due to over intoxication,
uh we have first and foremost no evidence of service, over service or consumption of any particular patrons or any individuals whatsoever, let alone uh to underage uh individuals. There's no been no information or evidence um uh
testified to or supporting that fact in either the initial report or supplemental report. And equally, we have no knowledge of what potentially was served, consumed, and where by these unknown individuals. Um there's also an inconsistency with the initial and
supplemental report with a supplemental blanket. There's a blanket reference to two underage patrons dehydrated due to intoxication, but yet no evidence or mention of that in the initial report or subsequent testimony heard today or evidence presented today
regarding the incident as a whole. um one of the primary goals and purposes of requesting all forms of detail which the uh lency does at every show and with BPD, BFD and EMS of course is public safety but also and for every show. Uh
one of the primary reasons is so if any of those services emergency services are needed uh for this place or the larger crowd that regular emergency services are not clogged up with calls from the premises or otherwise taking away resources from people who really need
it. Um the fact in this case here is that nobody quite knows who placed calls or as it was categorized multiple calls. Um, we don't know if it was one caller that called a couple of times, two callers that called one time each, three callers a single time. Um the lency
certainly appreciates the immediate response based on information that was provided at the time and of course regrets that it had to come to that. But as you heard as well um BPD detail on site was a little cough caught off guard by the response to because they weren't
aware of any situation lending itself to requiring an emergency response and from additional units that were already uh on site. Um, in this instance, we're certainly not denying there was a compression issue, but pursuant to all safeguards and
procedures that they have in place, as you heard, that was being adequately handled and addressed and announcements were being made and a pause and show started um before any additional units showed up, which demonstrates the license was addressing the issues shortly before um again the additional
units arrived. Um were there some issues? Yes. Was it out of control? No, it was a younger crowd and they were managing it pursuant to their best practices and procedures that they had in place um and were handling it appropriately under the circumstances.
That being said, I know this was a little lengthy and I appreciate the time, but wanted to be clear based on the several allegations um that are lodged against the Lency and take it one by one and and we're all here to answer any questions the board might have regarding the matter.
>> Thank you, Attorney Scandlin. And just briefly before we move to questions from the board to address the videos you submitted, they have been received where they are each over four hours long. They have not uh finished uploading yet. So commissioners, that's why you don't have them. Um as soon as they are uploaded, I will make sure that you are aware of
that and they're in the folder. Um moving to questions now, starting with Chairwoman Joyce. >> Uh thank you. I think Mr. Abraham answered all the questions I had regarding what you do, what your policy is if no one complies with sort of the I
guess he called it the compression. Um at this time I don't have any questions. >> No questions for me. Thank you. >> No questions. Thank you. >> Uh if there are no questions from the board at this time and the board will take this under adisement. Uh thank you very much.
>> Thank you. Calling item number five, Big House LLC doing business as basement located at 100 Stewart Street. Date of the incident, May 25th, 2025. Failure to call 911 for intoxicated patron in violation of mass general law chapter 138 section 64 in board's rule 1.14B.
Who is present on behalf of the Lency? >> Kristen Scanland for the Lency. >> Yep. >> Uh and >> I'm sorry, we've got two more slowing down a little. um Bora Aktan who is the general manager of the licensed premises
as well as Charlie Kaine who is the director of security. >> Thank you very much. I do see both who is present on behalf of the Boston Police Department. >> I am again Detective Hernandez. >> 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? Do you swear to tell the truth, the whole truth, and nothing but the truth? I do. >> Thank you very much. Detective Hernandez, if you could please read the report to the record for the board. >> Good morning. I read a police report
which I wrote on Saturday, June 7, 2025. Chinese detective will Gallagher detective Eddie Hernandez assigned to the BPD license unit responded to the basement to speak to staff regarding incident that occurred on May 25th, 2025.
into the morning of May 26, 2025. The possible drink spiking incident came in to the attention of the Boston Police Department way of reports authored by Watertown Police Department incident 2512821. Uh detective spoke to person in charge,
Mr. uh Bugra Aten, who stated that he was made aware of the allegations made in the report. Detectives explained to Mr. at that uh they had received surveillance video that showed what appeared to be a patron
inside the nightclub. The patron drinking multiple alcoholic beverages. Patron exiting their stoutsman in a wheelchair. The video also shows what appears to be staff assisting the patron into an Uber. Detectives confirmed through the police dispatch system that
no call for an ambulance was placed by any staff member. As a result, what detectives became aware of, sorry, Detective Gallagher, issued um license firms inspection notice 02203 for failing to call 911 for intoxicated
patron, Mr. uh atm sign for an accepted notice. That's >> Thank you very much. Attorney Scan, would you like to address the alleged incident? >> Uh just a few questions for Detective Hernandez, please. Uh, detective, uh, as an initial matter, you first learned of this incident, um, when you were
contacted by the Watertown Police Department. Correct. >> That's correct. >> And following communication with the Watertown Police Department and receipt of their or presumably receipt of their department's report, you reached out to um, Mr. Kaine, who's director of
security for the license premises? >> I did. >> And uh, did Mr. can't cooperate fully with all um your questions and requests as it relates to uh available evidence including video footage pertaining to this investigation.
>> Yes, ma'am. He he he did very quickly. He was able to provide me video right away and we're able to see the whole incident as it had transpired. >> Very cooperative. >> Thank you. Um throughout the investigation and your review um there
was no evidence uh discovered of drink tampering. Correct. >> No ma'am. >> And to your knowledge the suspect female did not go to the hospital. Correct. >> It doesn't appear that she did. No, it does not. >> And to your knowledge or any information
from the Watertown PD um no toxicology was performed if you know. >> Uh yes. I believe there was a toxicology performed there. There was um >> do we was there any um evidence of um
>> drink tampering? >> No, ma'am. >> Would lend itself to drink tampering? Okay. Thank you. >> Not that I'm aware of. No. >> Um you didn't learn from Watertown PD or have any personal knowledge or known information regarding the subject
female's whereabouts prior to her arrival at the licensed premises that evening. Correct. >> [clears throat] >> Ma'am, she had been drinking uh she had been drinking prior to coming there. >> Okay. Um do any of any knowledge of
where she was? >> No, ma'am. >> And any knowledge of uh any substances she may have consumed at any point before, during her, or after her visit to the licensed premises? >> It appears that she hadn't been mummable. >> Okay. Thank you very much, detective. No
further questions at this time. Um, uh, Madam Chair, members of the board, if I may call, um, Mr. Bora Act 10 to, um, testify. Um, Bor, can you say your name for the record? Probably to >> Bora.
>> Sorry, say that again. >> Bora Kakan. >> And where are you employed? >> I am employed at Basement Nightclub, um, as also known Big House LLC on this hearing. >> And what is your title as it relates to your employment there? I'm the general manager.
>> How long have you been in that position? >> How long have you been in that position? >> I have been on that position since uh February of 2025. >> How long have you worked for the company? >> Um I'm going into my 10th year.
>> Okay. And um what is your previous work uh experience prior to being employed with the company? Um I held multiple positions uh from operations manager, assistant general manager, production manager, a regional production manager.
[snorts] >> Were you working on the evening in question? >> I was relates to this report. Okay. And how did you first become aware of the alleged incident? Um I we all have radios and I heard on the radio call that there was a um
patron being brought up to the lobby. Um and she was showing signs of um being under the influence. So um I proceeded to go to the lobby. [snorts] >> And when you got to the lobby um was anybody with this person besides
security? >> Um she was brought up brought up by security and she was accompanied by a female friend. What if anything did you observe about the demeanor of the the subject female here? >> Um she seemed to be under the influence
but um you know she was responsive. Um so uh we just we just proceeded to talk to her to get some information out of her. >> So did you yourself directly communicate with the female? >> I did. Yes. >> And um what can you tell us what some of your communications were? What your
discussions were? Um initial thing we asked was um if she wants medical assistant that's always the first question after you know um assessing if she could be she's in a state of communication and um she's she refused
and um after that her friend um kind of took over the conversation suggested that um they have an Uber on the way and they do not want any medical. And at that point in time, um, you know, we provided her some water, um, you know, brought a bucket in case she needed to throw up, um, that sort of thing and
just stay with her for a little bit to make sure she was okay. >> And what were your observations of the friends of the friend? Was she showing signs of being under the influence as well? >> Um, from what I can recall, friend seemed um, very coherent. Um, not under the influence by any means. Um, she was
very responsive, very alert. At any point in time um uh during your communications with the friend or the uh individ subject female, did anyone mentioned that they thought her drink was spiked at some point in the evening? >> No. Nothing like that.
>> At any point in time was the female ever left alone? >> No. >> How many times has medical assistance um if you recall uh how many times was medical assistance offered to the individual and or her friend on behalf of the individual? at least three by me
personally. Um you can add some from the security manager as well. >> At what point, if at all, was a wheelchair utilized regarding um this incident? >> Um the wheelchair um is stationed right next to the left of the elevator in the
lobby. Um so um it was I think was used by convenience, not by an offer. Um she was she just came out of the elevator and in the lobby it's the only seat available. So I think therefore she proceeded to seat there rather than uh us wheelchairing or offering.
>> So it [clears throat] wasn't necessarily utilized because she was incapacitated. >> No. >> Um was in cons or consistent with the police report was the individual wheeled out of the establishment and if so how did that come about?
>> That is correct. She was wheeled out. Um at that moment in time um our security uh supervisor and our dorman was at the door with there um the Uber um pulled up in front of the double hotel's entrance which is about 30 to 40 ft to the the
right of our entrance and um the p the guest in question and her friend asked that if they could assist them to bring her to the Uber so she doesn't have to walk and they just complied and helped her by wheeling her out. Did the Uber driver allow the
individuals inside the vehicle? >> From uh what I know, yes. >> Uh and to confirm again, your staff escorted the individual um safely to the Uber with her friend. >> Yes, that is correct. >> And to confirm again, medical attention was repeatedly offered.
>> Yes. >> And repeatedly refused by both the female and her friend. >> That is accurate. >> Thank you very much. Um, madam chair, members of the board, if I may call Charlie Kaine um as well to testify. Charlie, please state your name for the record. >> Uh, good morning. Charles Kane, KA,
director of security for Big Night Entertainment Group. >> And how long have you been employed with Big Night Entertainment Group? >> I've been employed with them for eight years um, as of this week. >> Regarding the um, subject incident, how
did you first learn of this? I first learned of it um on the 28th of May uh via a phone call from Detective Hernandez um that they had received a report from Water Pound
Watertown PD relative to a drink spiking incident at basement um and some allegations that we did not render any assistance to the female individual. Um, so once I gathered that information, myself and my administrative assistant in charge of
compliance and legal, Jillian Hardy, immediately began a video review and I spoke to uh Bora as the GM that night. >> And uh what if any uh materials did um Boston police request from you regarding this incident?
on the 29th, a couple days later, a day later, um I sent the review to Detective Fernandez relative to the drink review in video review and that um all the drinks that the female in question had
consumed um were very well visible on video and there was no evidence of any drink spiking. I also advised them relative the to the investigation that we did not assist her. Um we had assisted her and her friend the entire
incident um from downstairs to the lobby and then from the lobby into the Uber as they left. >> And just to confirm the um inquiry from BPD and the subsequent providing of u materials and information
to BPD was prior to the issuance of the license premises violation. Correct. >> Yes. Uh the license premise violation was issued on 67 to 25 and also on June 2nd from a request from um Detective
Sergeant Gallagher. They wanted the video and timeline uh sent to them and I provided that for your email on June 2nd to them and then the LPV was issued on June 7th. >> Thank you. Um, generally speaking, can
you tell us when a wheelchair is offered or utilized at the licensed premises or any of Big Knight's licensed premises premises? >> Um, we have a wheelchair at every one of our venues. Uh, they utilize for safety reasons if someone's showing signs of
intoxication, so they do not suffer a fall or any type of injury. Um, so it's a safe way um in the industry to assist somebody um from one point to another.
>> If a patron requires a wheelchair, what is the internal policy on calling 911? >> Uh we call 911 uh we um if we ask and they want it. Uh but most of the time we're immediately calling if we feel
they're cannot make a conscious and reasonable decision on their own. Um we do not hesitate uh per our policy which is on page 17 of our uh security training manual which is I believe on file with the board. If not I can
provide it. And from what you learned in your internal investigation from um your general manager um in this instance uh the staff did not feel that she was so incoherent as to not be able to adequately refuse medical care.
>> Yes. Based on the video review and speaking to Bora and security supervisor Marcus um and reviewing the video, um I felt that from their training experience, they used reasonable standard that um
the girl was coherent enough and her friend that was with her um was fine and they were escorted right to an Uber, which in my experience in the past eight years, Ubers will not take people that are incapacitated. ated or not coherent
and the Uber did take them on the video without incident. And I would also like to note uh when I got the water tower repeat uh report also uh there is a a line in there that the female patron felt um they left the
establishment and she could take her home and take care of her. There was no problem. But shortly thereafter, uh, she got worse and that's when she called 911 in Watertown. >> To your knowledge, did did staff or you receive any other reports of possible
drink spiking that evening? >> No, we did not. >> Thank you, Mr. Kane. Um, madam chair, members of the board, if I may, um, as you heard from Detective Hernandez, upon receipt of inquiry from Watertown PD, um, BPD further investigated this matter and as part of their investigation, they
reached out to head of security Charlie Kaine to inquire about the evening. Um, to which, as you heard, the Lency did their review and voluntarily provided all information available to them um, and sent it over to P BPD for their own independent review. As you heard, no evidence of drink tampering was
discovered in this instance, which was the original um basis for the report and call from Watertown PD to BPD. Um and but as to the failure to call 911, as you heard from testimony, uh several staff members, including the general manager that testified here today, uh
directly communicated with the subject female in this instance. Uh while medical uh was repeatedly offered, it was also repeatedly ref repeatedly refused by both subject uh the subject female and her friend that was with her. Um based on the staff years of
experience in the industry, the female was able to communicate coherently and insisted that she depart the premises with her friend. Ultimately, a judgment call was made in live time that someone was uh um coherent enough to make their own decision. Had they not been, um 911
certainly would have been called. Um I'd also submit that the board is quite familiar with this particular operator and their venues across the city. Um their record of all establishments reflect that they air on the side of calling 911 always to the point they've had patrons get upset and have called
them and u demanded that they pay their ambulance bills that they don't think were warranted um uh for calls on particular evenings. here. Uh staff did render assistance and did what they were supposed to do under the circumstances. The female and her friend left safely
under the care and escort of staff and did ultimately returned safely home as evidenced by the Watertown Police Department police report. Of note, and as well for the board's consideration, as Mr. Kane noted in his um experience with the company, Ubers usually reject
people who are heavily intoxicated and Uber was willing without hesitation, as we heard, to take the females um home to Watertown. This operator certainly understands the importance of calling 911 and doesn't hesitate to do so. In this instance, again, they made a live
time judgment call that they uh frankly that the the female and her friend would likely be gone before emergency crews even arrived and also didn't feel that the situation necessitated emergency visit given their strong refusal of medical assistance. That being said, we're happy to answer any questions uh
the board might have related to this incident. >> Thank you for that. We will see if there are any questions from the board at this time. Chairwoman Joyce, any questions? I have no questions, just a request to forward to the board the staff manual that was referenced in Mr. Kane's testimony.
>> Sure. >> Yes, ma'am. >> I have no questions. Thank you. >> None for me. Thank you. >> Thank you very much. If there are no questions, the board will take this under advisement as well. Thank you. Um we move on to the final two items on
this morning's hearing. The board will take a brief recess. Um we it is now 11:43. We will reconvene at 11:50. So, we'll pause the recording and see you then. Thank you all. Moving on to the final two items on this morning's agenda. Calling item number six, Facility
Concession Services, Inc. doing business as the stage at Suffach Downs, located at 525 William McClennon Highway in East Boston. Date of the incident, June 20th, 2025. Public drinking in violation of mass generalized chapter 138 section 64. who is present on behalf of the lency.
>> Good almost afternoon again madam chair, members of the board, attorney Green, Kristen Scanland for the license. Uh with us this morning is Julia Chaporus who is the GM for this temporary lency and Hal Gold who is um I believe SVP of
ops is the correct title as needed um uh for any testimony. >> Thank you very much. I see Mr. Forest, Mr. Gold, if you are planning on testifying um we only need you to come on camera. so that we can you in. Um if not then um not worry about that. Great. I do see you now. Who is present on
behalf of the Boston Police Department? >> I am in Boston, please. >> Eddie Hernandez. >> Officer Hernandez. >> Thank you. And 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? And Mr. Gold, do you as well if you'll be providing testimony? Thank you. Do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do. >> Thank you. Who will be reading the report into the record?
>> Um, I I can read our report, sir. >> Thank you. I'm going to read from a report authored by Sergeant Detective Gallagher on 620 2022 205 at about 8:00 PM sign detective William Gallagher and detective Eddie Hernandez assigned to the licensed
premise unit uh were contacted by Captain Dean Pickerton that while working the concert at Suffach Downs he had encountered patrons drinking from open cans of alcohol in the public parking lot at Suffach Downs. The patrons were IDed by BPD. the
[clears throat] the alcohol was disposed of and SUFFK Downs concert management were notified. As a result of these observations, Sant Detective Gallagher spoke to stage at SuffK Down manager, Miss Julia Chapuras, who said she was aware of the occurrence and will be
speaking with security. Sh detective Gallagher issued license inspection notice 020 um 842 to state at Suffach Downs for uh patrons public drinking. Miss Julia Chapur signed for an accepted
limit. That's all for my >> Thank you very much. Attorney Scandler would like to address the alleged incident. >> Uh please just a few [clears throat] few questions for Detective Hernandez. Uh, Detective Fernandez, to your knowledge, the alcohol consumed by the patrons in the parking lot was not alcohol served
from the venue. Correct. >> I cannot speak to that, ma'am. I was not there. >> Okay. Um, may I cap, can I ask Captain Bickerton some questions if you have personal knowledge as to the what was related to Detective Fernandez and Gallagher? >> Yes, absolutely. What I observed was uh
people had set up like a um almost like tailgating. So they they brought alcohol onto the site and they were drinking from those alcoholic beverages. There was a couple of different people that was set up that I addressed. >> Okay. So it's it was personal beverages brought in and just to be clear, it
wasn't um a situation of alcohol brought outside from that was served at the venue. >> That is correct. >> And um while you approached these individuals um there were no issues with the two males compliance with your orders to I'm
presuming dispose of the alcohol. Correct. stopped tailgating? >> No, there wasn't. I uh I identified them, asked them for their ID, and had them dispose of the alcohol and explain to them that's not allowed on the property. >> And was a citation issued to the two males for public drinking?
>> No, I did not. >> Okay. Um and for Kathern Bickerton and Detective Hernandez, um during your investigation regarding this matter, were staff stage staff cooperative with you at all times? >> Yes, I called uh Julia Chaporo. she came out, met me in the lot and uh we
discussed it. >> Julie's always been very cooperative and very helpful. >> Yes. Very. >> Thank you both for that. Um, Madam Chair, members of the board, if I may, um, and as we've discussed with the board on previous occasions regarding this particular, um, temporarily
licensed premises, um, HYM, uh, real estate company contracts with Laz Parking to control and operate the parking lot, which is adjacent to the, um, concert premises. Laz and its security company runs the lot. Um
neither facility concession services nor Bowery have any authority or control over the operations of the lot. Um furthermore and I think important to note as well, they have no financial participation in the lot whatsoever.
um they really wouldn't have necessarily any reason to know about what goes on in the law unless LA cooperatively lets them know or in this instance um BPD or BPD detail that's paid on site um both directly within the boundaries of the temporary license premises as well as
the immediate vicinity for purposes of public safety that are utilized for every event. Um that being said the temporary licences in this instance both um for the entertainment and the alcohol are in touch with LZ directly and as
needed but didn't otherwise know of this um two person tailgating situation until it was brought to um the manager's attention by uh Captain Biggerton. Uh following this particular incident, the lency did bring this to HYM and LZ's
attention and signs were posted in the parking lot as well as on big light up boards that tailgating isn't allowed during concerts. Um, additionally, when uh folks purchase concert tickets for this venue online, the licency does post
no tailgating in their rules regarding attending the concerts at the site. But worth noting as well um they don't even sell um they being facility concession services or or uh Bowery sell any tickets for the parking lot. There is a
link for LAZ parking which leads a concertgoer on the website directly to LZ's site which any business conducted thereafter is 100% transacted from Laz's site. Uh ultimately there is a clear delineation of the premises as it relates to the temporary and one-day
licenses for the stage and suffic downs. Um, and while we're in communication, we don't necessarily have any oversight, authority, or control over what's going on in the parking lot, but do to the extent feasible and practical try to
dissuade people from this type of behavior when they're attending concerts later on at the site. Um, with that said, uh, we are all here to answer any questions the board might have regarding this particular incident. >> Thank you. We will turn it over to the board to see if there are any questions.
Beginning with Chairman Joyce, >> does um HYM or LAZ parking check cars when they enter the parking area to see if there's alcohol or any tailgating stuff. We have no information or knowledge of
that at this point. We can certainly inquire if they check cars. >> So that that's my issue. I think we've talked about this before. I know it's two separate entities, but you guys are working together and Captain Bickerton and I have talked about this before. There has to be uh a shared interest in
how they operate. Um so I would have loved to have had Laz on here today so they could have talked us through that. I mean, if they're partnering with you um and and your guests are parking in their parking lots, I would really hope that um the
Lency would have more knowledge about how LAZ operates because we don't if Captain Bickerton doesn't want tailgating, then we want an operator who's not going to permit tailgating and would have some sort of rules in place like check cars, monitors throughout the
parking area. So, all of my questions really can't be answered today and we don't have the people on the hearing that I think should be here. Um, but I do think that as a Lency and I think we've talked about this before in person, we've talked about on the phone that you do have to take a vested
interest in how your parking operator is operating because of neighborhood complaints because of Captain Bicker the stress from Captain Bickerton's team. And here we are again talking about things that may not be your responsibility, but I do believe they should be your responsibility or in part.
>> I I don't think we can. They definitely take a vested interest in in operating cooperatively and collaboratively to the extent that they can with LAZ. That being said, I I don't know that they can. Laz can legally search the cars coming into their premises, but I know that they have monitors. Julia might
have a better idea and estimate of how many they have on site per show >> [clears throat] >> um and security companies that patrol the parking lot. Um so we have emphasized to them in conversations with
HYM leadership and LAZ that that is the expectation not only of um you know Suffach Downs and the the operators there for this um temporary uh seasonal venue but also the the expectation of
the city and the captain as well. Julia, do you have any any knowledge? >> Um, I don't have the numbers on the number of the LAZ uh staff that are in the lot. I do not believe they check cars. Uh, I do know that they hire in two security guards to roam per lot um
that we have on the premises, including the staff lot. Okay. Okay. Um, that's helpful. I might follow up with more questions after the hearing. I think the information I'm looking for isn't in your possession. Um, Commissioner Carin or Commissioner
Saxon, >> um, is this not a parking lot provided to your patrons under our rule 1.09E? >> Is it not a parking lot? What do you mean?
>> Sorry, I don't know if I understand your question and I don't know that rule right off the top of my head. I'd have to just be able to pull it up and read it or if you could let me know so I can understand the context of it. >> It cites any parking lot provided by the ly. >> It's not provided by the lency.
>> All right. So that's what I'm asking. How is it not provided to your patrons by by the lency? >> It can be used by them but it's not provided by them because they don't control or have any authority to control or operate the premises. It's it's like
any public parking suggested at Gillette or Fenway or any the Esplanade, you know, saying here's good places to park, but it doesn't mean necessarily Gillette or Fenway or the Esplanade controls where these people are parking. >> Um I mean it's not like a separate
provider. I mean, is it is this parking >> provider? It's on a um separate piece of property >> as it relates to the the licensed premises. the temporary licensed premises of facility concession services in Bowery. Yes, but it's on the Suffach
Downs site, >> but that's one property, >> right? But it's not under control of the lency. >> Okay. Because the Lency is not in control of the property. >> Correct. >> They don't own the property. They don't
own that parking lot. They don't have control. there's a boundary within the property that they rent utilize. >> I don't feel that disclaims any responsibility on your part under our rules. I mean, we have rules about adjacent areas to the licensed premises
as well. It's on the same property. The your patrons are using it for parking. It's it's owned by the same entity overall, right? >> The SuffK Downs giant site. Yes. >> Okay. I just don't know how you can
disclaim any responsibility over this because Laz is doing the management of the parking. >> I guess there there's a there's a clearly delineated boundary where they are permitted and required,
you know, for liability purposes and licensing purposes to control people coming in and out of the premises. There isn't a deal with >> our rules address parking and they they address adjacent areas of the premises. So when you're saying
>> provided >> provided by the L E the parking is not provided by the license say like whether it's provided or not right which I I would argue is debatable have the
the adjacency rules. So, you know, we expect our lenses to control adjacent areas whether or not they've been provided, whether or not they even own them. So what I'm saying is
I'm saying for my own purposes I would have an expectation in this circumstance that the lency would take an active role in controlling this parking area >> to the extent that they can they do
>> to dissuade people >> okay >> from tailgating behavior. Do they have a employee outright? Do >> they have an employee >> and send people patrolling the parking lot? Because that's the that's the agreement that's scam.
>> Attorney Scam the the amount of control that any license is always in debate. Question is what efforts are they is the license he making? Okay. Not just disclaiming we we have no control,
right? It's the same thing when licences go out out on a public street and ask people to move along. Those people often tell them, "You can't control me. I'm a free person. This is a free country." All we ask of the lences is they try. Okay? What I'm not hearing here is that
an employee of the Lency takes any active efforts to go through this parking lot and make attempts to tell people they're not allowed to drink in public in this parking lot. That's >> they're not asking for people to
>> Yeah. >> If there if there's an expectation of the board that people from the license premises do that on premises that they don't control, I I think there needs to be a a broader discussion on where that >> boundary line ceases to exist at every
other venue where this sort of behavior happens and seems to be accepted. I mean in this instance the behavior which we're saying is an illegality wasn't even there was no citation issued to the people that were performing the illegality.
So they do take this seriously. They do what they can again to dissuade it. We can have further discussions with hymn and laz on whether we're permitting it permitted as the lency and in conjunction with them to further patrol
the area if that's what's expected and we're happy to further roundt that. But I venture to guess all companies and part interested parties are going to have, you know, their own takes and would love to come to a better compromise and clear expectation
on what they legal legally can do for their for the company's own particular liabilities. All right, attorney Scanland, I I agree, but as this is coming out today, my questions are based on the
almost complete disclaiming of any ability to do anything here and I don't agree with that. So if there has to be more discussion about what should be done in the future, that's fine. But my expectation is the same as any
expectation which is definitely with regard to parking lot. We have a jurisdictional hook there. I don't think it is as clear as we don't own it so we're not providing it. I don't agree with that. But at the very least we have our rules about controlling adjacent
areas which is this is more than adjacent. It's the same property. So, um, with that all said, um, yeah, just I I did I had to step in and I don't agree with the interpretation that you guys
have no active role in in this because it's, you know, operated by labs. So, um, I think that's all I have. Thank you. >> I have nothing to add to that. I I I tend to agree and I was thinking the same thing about um you know the the
control that we ask um licences to have of the general public areas of common areas. Um and I I I I think that applies here. So I I would agree. I I do want to just jump back in because
I have had the ability to have conversations with this group like throughout the year leading up to the concert series and I know that we asked you to put up signs in the neighborhood to email your the people that are attending your events about what the proper behavior and etiquette is. So I I
do appreciate those things that you've already done thus far. What I'm asking is what else can we do to work with HYM and LA parking? I think you've done a lot so far, but I think what we want to see is more as far as um a vested interest in what's going on in the
parking lots leading up to the shows. Um and so I just wanted to add that to the record that I do know you do put up signs. you I think there might have even been talk digital billboards and not notice to ticket holders but um I I do
think there has to be some sort of round table with all the groups so that people who are parking there for your events are behaving the way we want them to behave otherwise you know if there's if we if there is no event there there's not going to be any parking there either
so everyone has a vested interest in it >> and we're happy to continue and explore that just so everyone's on the same page there including the people who are own and operate the lots so that they're part of the discussion as well. >> Okay. >> Thank you. Are there any further
questions from the board on this matter? [snorts] >> Thank you. The board will take this under adisement and we'll call into the record item number seven which concerns the same temporary license e facility concession services inc. Uh the stage of suffic 525 William Highway in East Boston. Date of this incident, October
3rd, 2025. Patrons public drinking in the parking lot and failure to maintain the line in violation of Mass General law 138 section 64. I'm attorney Scanland. Same witnesses again. >> Uh yes. >> Thank you. And who is present on behalf of the Boston Police Department?
>> Uh Captain Becker. >> Dr. Hernandez again. >> Officer Hernandez. >> Thank you. Are there any other individuals of firsthand knowledge of this incident who wish to testify? You've all been previously sworn in. Who will be reading the uh report into the
record for the board? >> I'll read it in, sir. >> Thank you, Judge Randes. You may please proceed. >> Good afternoon. Once again, um I'm reading from a report that uh Sing Detective Gallagher um authored on 10:30 2025 at about 9:45 p.m. Sing Detective
Gallagher assigned to the licensed premier unit responded to the stage at SuffK Downs to meet with Captain Pickerton. The stage at Suffic Downs was hosting the Fiser concert. On arrival, Sing Detective Gallagher met with Captain Biggerton and Miss Julia
Chaporos, who is the manager for the stage at Suffk Downs. Science Detective Gallagher was informed of two issues that related to public safety. First, side detective Gallagher was informed that there was there was open public drinking by patrons using the public lot
in front of the facility. Many of these patrons also appeared to be young. Stockton. During the course of the uh admission, there was a surge of patrons attempting to get in. The surge created a panic where some patrons were boxed in
and crushed. Concert staff and BPD quickly stepped in to alleviate some of the pressure at the gate by moving patrons back and creating distance. Um there was no reported injuries as a result of these issues. Detective Gallagher issued license per inspection
notice 027368 to the stage at Suffic Downs for uh patrons public drinking and parking lot failure to maintain the line. Mr. Jul report. >> Thank you once again. Attorney Scandlin if you'd like to address the alleg.
>> Uh a few questions detective if I may. Um, [clears throat] again, might be better for captain if you had more personal knowledge after or before detective wrote the report. So, >> let's Okay.
>> Um, captain, to your knowledge, um, >> you're not making an allegation in the in the report related to this incident that outside alcohol was coming into the venue or alcohol from the premises was being consumed out in the public lot. Correct. >> So, there were two issues. There was
drinking in the lot and in the line right at security. Uh we have body warn camera of all the alcohol that was left litted on the lawn right at the security entrance point. Okay. And this the alcohol in question
here was presumably brought by patrons attending the concert and not served by the venue and patrons leaving the venue with it. That would be my assumption just based on its location uh where the surge was. There was nip bottles,
bottles of booze, there was beer cans. Uh again, we recorded it all on Officer Hernandez body warn camera. >> And >> so that was outside alcohol. Like I said, believed to have been in the line right at security. >> Okay. Um were any of the patrons um
allegedly publicly drinking on this particular evening cited for um public drinking open container? >> I I didn't have enough offices to stop anybody. This crush was uh probably a few thousand people. Uh we had to physically rem the Boston police had to
physically remove barriers, steel barriers uh to lessen that compression of the the surge of people >> so we didn't have to engage in public drinking. >> So on the allegation of public drinking, you're saying the public drinking and the surge was happening all at the same
time. >> Yeah. So patrons began running back to the front of the house uh before security uh saying that people were getting crushed and somebody had been urinated on uh which drew our attention. We came down from the furthest gate um
and met with Julia and I directed my officers to begin removing steel barriers. I then directed security to begin peeling people off at the back and create a barrier line so that we could lessen the crush.
Some of those details that you just cited aren't aren't in the report. So, >> yeah, I didn't write the report. >> Okay. Um, but you relayed the information to the detective to >> Sergeant Detective Gallagher. I did. Yes. >> Okay. Um, it it is indicated in the report that
there was a surge of patrons attempting to get in. And as you just described, >> we have that on body camera also. Yes. And um it's in the report that concert staff along with BPD detail quickly
stepped in to alleviate the pressure at the gate. Correct. >> I don't know how quickly I'd say I had to direct them a few times that they needed to come back and assist my officers with separating that line and moving people back. I think there was a disconnect between
security that was inside the venue and where I needed them to come out and begin doing that separation of a line and pulling people back so that way we could lessen that crush. >> Okay. I just want to be clear though that this isn't my categorization of that. It's the report that actually says
concert staff and BPD quickly stepped in to alleviate some of the pressure at the gate by removing by moving patrons back and creating distance. Yeah, I had to continuously ask. I need more security staff back here. As a matter of fact, I had to call station units to come down
and give a hand, >> but that's not in the report anywhere. >> That's on the 911 call sheet. I had to request a code 9 to have officers come down and assist. >> There was actually five incidents related to this. There were about six
911 calls related to this. uh three of which originated on Wald mayor A for groups of people causing disturbances there. There was a lot that went with this. Okay, I can appreciate that. I just I don't have any information pertaining to any of these calls that
you're citing, so I I can't speak to that. I'm I'm only talking about the report that we have in front of us right now. >> Absolutely. Well, that's why I'm here to testify. >> Okay. um confirming there there were no injuries as a result of the surge at the gate.
Correct. As indicated in the report. >> That is correct. >> And we're staff cooperative with you at all times. Um >> very cooperative to this incident. Okay. >> Yeah. Julia does a great job working with us. >> Thanks. Um, Madam Chair, members of the board, if I may, as an initial matter,
um, and as I believe the police report indicates, yes, um, this event was held on Friday, October 3rd, and the performer was an artist known as Fiser. Um, for a general time frame, um, 5:30
p.m. were when doors and gates officially opened. 6:30 p.m. was the show um, for openers. 8:30 p.m. was when the scheduled headliner Fisher was to go on and with an ultimate 10:30 uh pm curfew for the site. Um the total uh in
attendance there was a final scan of tickets at uh 6,763 people which is um under the GA um max of 8,500 people for this particular site. um on-site staff numbers and I can
um email this uh to you as well for the record because it is quite a list of different uh staffs and and their uh roles for that site. But they had 57 uh folks working security um for door staff which includes ID checking, ticket
scanners, supervisors. In addition to security, they had 20 people, 24 bar staff, five site managers, 15 uh site operations and custodial folks, um three artist relations and runners staff, uh two sound monitor engineers. We did have
10 uh I believe BPD detail uh including Captain Bickerton, eight EMTs, three BFD detail and um two River Fire Department detail plus stage text labor food vendors and the like um to the first allegation of
patrons uh public drinking in the hym and lazl lot. I think for sake of conversation, but happy to talk about this further. Initially, you know, we'd like to incorporate by reference all the statements um of defense made in today's earlier hearing um regarding authority and control over that law and what the
lency in this instance nevertheless endeavors to do to dissuade this behavior. but also saying again we're happy to continue that discussion um with all parties involved so that you know we can um better this area as it relates to concerts health at the venue
and um address this so that it really is not um a continuing problem at the site or in the neighborhood. um to the second allegation of failure to maintain the line. Um this particular issue started prior to the headliner going on, but Julia, correct me if I'm wrong, right
around the time of the headliner going on. This particular show was the uh Lency's first 18 plus show. This particular artist attracts a younger demographic as it's, you know, dance house music. Um, with this show,
everyone showed up at once, which is a bit abnormal um, for them for everyone to show up at the same time most of the time for their shows. There's quite a bit of a steady flow of concert goers at the gate and not one mass of people trying to get in all at once. Uh this
show, the combination of being a Friday and an early curfew type of um show um they unfortunately were presented as the captain did indicate to in his testimony that they were presented with a full backup. So people started compressing up towards the entrance. Uh some of the
patrons were pushing obviously causing the compression issue. Um but I don't know that um they had that anyone was being crushed as there's no injuries reported. So they there's a
little bit um of a contest or contention regarding the use of that word in the report. I don't think it rose to such an extreme level that it was void of all control. Um it's my understanding and Julia certainly can elaborate on this that security was holding um the line.
um as the police report at least indicates that again there are no injuries and staff and BPD quickly stepped in to alleviate the surge at the gate. Uh BPD of course um was incredibly helpful at the worst of the matter and everybody worked together cooperatively to get people in safely. Um there were
no reported issues um that evening once the line issue was resolved. Part of the issue at the gate was that the headliner was about to go on or was on when people were in line and they were getting frustrated of course that they couldn't get in. Um because this
was the first 18 plus show had a lot of people at the gate checking IDs and they were running into issues, several issues with fake IDs and people without appropriate IDs. Um, several fake IDs, for instance, were pulled at the gate, which was part of the problem and slowing down uh what could have been or
would have been an otherwise steady flow of people through the gates to proceed in enjoy the show. Um, given the 18 plus factor, it again slowed the gates um when they were verifying age for everyone, not just people who were drinking. They haven't done a ton of
shows out there. They is a learning curve a bit still, which we've continued to talk about the last couple of years with the board. Um they learned that with this show on a Friday night coupled with an early curfew despite having all seven gates opened uh the lency did talk
about for shows like this and if they did host an 18 plus show again um in talking to the booking agent as well after this event who even flagged it on his side as a miss that they should have recommended that they increase the number of gates available for entry
because apparently the booking agent has seen this type of behavior from um the crowd. They are of the opinion with the but the the the venue itself obviously they have knowledge of the performer but they thought seven gates which was all seven that they don't utilize for every
show would have adequately addressed that. Um but with having to check IDs and taking that seriously and confiscating it and making sure the right people were in the show that were allowed to be in the show um it was just slowing things down and causing the problem. uh going forward, this is
certainly one item flagged depending on the nature of the show. Um again, like the 18 plus event or the artist. Um, additionally, they did have conversations after the fact to prevent this from happening where they can hold people at the entrance before they go
into the main area. There's a dog park area near the entrance. It keeps people from leaving the parking lot and advancing immediately into the site. It's where they hold the line before they open the gates in the first place. It's a place where they have control to hold the line easily as well and to kind
of set up almost checkpoints and barriers to slow the ingress down. Um, you know, create a space to break the line to take the pressure off so that it's not one big line going down the entire path. Um, especially on shows that attract similar younger crowds
where they would also um increase their staffing numbers. Uh that being said, certainly happy to further discuss this and we can answer any questions that anybody might have. >> Thank you, Attorney Scan. We will see if there are questions um following following that. Chairman Joyce, any
questions? >> No questions, just a comment. I do appreciate the cooperation throughout the year when this incident happened. I think we talked right away. Um I just want to be supportive of Captain Brickton and all his efforts there. And I also want to be responsive to the neighbors and the complaints we get at times, and you have been. So, I just
want to continue to work on these things. Um, I think we can I think everyone can do a better job here so that people are safe and feel like the neighbors can live peacefully in this area while you're trying to run a
concert venue. Um, but I do think there's more work that needs to be done. That's it. >> Commissioner Car, Commissioner Saxon, any questions? I'm I'm not trying to pile on just the thought that the the activities that were in the parking lot might help with
the crush situation. If these people were moved out of the parking lot more consistently, they wouldn't be that crush. They're all waiting till the last moment in the parking lot partying and then when it's time they go. But if they weren't allowed to stay in the parking lot, they would be moving through
consistently. So that might help. Um but thank you for your efforts and um yeah, that's all I have. Thank you. noted and I think that can be passed on easily to hymn and last to discuss efforts to do that. >> Nothing to add. Thank you. No questions.
>> Thank you all. If there were no further questions from the board, then the board will take this under advisement as well. Oh, Captain Becker, do you want to say something to you? >> I do. I just have one more concern and I know we've talked about this in the past. Uh the calls from Walder A. Um, they included people urinating in
neighbors lawns and people parking on Walder Demare A and cutting through people's yards to get to the venue. I know we've talked about additional signage, uh, but people shouldn't be parking and then walking through personal property. That was some of the complaints that came into the station
and through uh, our 911 call system. Thank you. >> Thank you for that. Um, and that that is uh helpful context though it is not the subject of this morning's hearing. Um, and could potentially be uh good fodder for a follow-up conversation with the folks identified earlier. With that, the
board will take this matter under advisement. Uh, those are all the items before the board this morning that will adjourn this hearing. Thank you all and enjoy the rest of your day. Thank you. >> Thank you. Ready.