good morning we will get started in just a moment uh just waiting to clear the waiting room as a reminder when you are entering from the waiting room please do remain on mute unless or until you are testifying before the board
good morning this is a hearing before the licensing board for the city of Boston today is Tuesday April 1st 2025 today's hearing is being held pursuant to temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the
city of Boston's website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce good morning my name is Kathleen Joyce excuse me i'm chair of the Boston Licensing Board and today I'm joined by Commissioner Kiana Saxon and
Commissioner Liam Curran thank you very much please ensure that your audio and visuals are working properly if you will be testifying before the board this morning i will call each item in the order that it appears on this morning's agenda i will then ask who is present on behalf of the 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 firsthand personal knowledge of the alleged incident begin with the first item on this morning's agenda calling item number one BVP LLC doing business as the
point located at 147 Handover Street date of the incident November 1st 2024 assault and battery employee on patron in violation of Mass General Laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the Lency uh good uh good morning my
name is Michael Ford here for the LE and with me uh to testify is one of the managers James Finn and the licensed premise manager um and lead manager Christopher Gaul and that's me i'm here christopher Gaul
and James Finn is here as well great thank you very much i do see both of you on our screen um who is present on behalf of the Boston Police Department detective Walsh thank you Detective are there any other individuals with firsthand knowledge of the alleged incident who wish to testify
this morning lieutenant Detective Troy if necessary sergeant Jeff King thank you Sergeant is it possible to turn your camera on so that we can uh swear you in um trying to figure it out i don't do these very often sorry no
worries i I should do it again Mr secretary uh Sergeant King's matter is the the the second matter on the agenda today not this one my apolog Perfect thank you so Sergeant King there's some time to figure out uh your your video um are there any other
individuals with firsthand knowledge who wish to testify on item number one great can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth yes we do thank you very much detective Walsh
if you could please uh proceed reading the police report into the record for the board thank you Mr secretary the following is the original incident report about 11:09 p.m Detective Horn assigned to the Alpha 432 unit respond to a radio call for a
robbery report at Union Street North Street Boston caller stated he and friends were assaulted 30 minutes ago a phone was taken there were four males and the caller knew the group on arrival Detective Horn met with Daniel Fishiskin Fabian Jerhamo
Hernandez and Juan Carlo Silva Fagalo who stated they were attempting to enter the Point Boston bar and were denied by staff the gentleman stated that they had all purchased wristbands ahead of time and were trying to explain it to the staff but were still being
denied entry the conversation between them and staff became heated and Mr silva stated that one of the staff got into his private space and removed his $300 aviator sunglasses from his face mr silva stated an altercation ensued
between himself and the bar staff and his friends Daniel Fishiskin and Fabian Jarillo Hernandez during the altercation the gentleman stated they were attacked pushed and punched with hands by other bar staff who came to assist the initial staff member mr fishkin stated he was
robbed of his iPhone 14 Pro cell phone that he had that he had activated the tracking software for the location mr silva Fagalo was observed with a bloody cut lip mr fishiskin was observed with red abrasions to his forehead and Mr j
Milo Hernandez sustained a chipped tooth the detective walked back with the gentleman to the location where the incident occurred which was the rear of the Point Boston bar on Marshall Street the detective notified dispatch operations of the new location 147
Handover Street the detective spoke with the lead outside door staff named Websterly Dorsily who stated three male individuals had attempted to gain access into the bar by way of wristbands and they were denied websterly pointed out Mr silva
Fagalo who was wearing aviator Halloween co aviator's Halloween costume as the aggressor who gone to his private space and attempted to choke him with his hands around his neck websterly did state he was defending himself in the attack detective Horn observed that
Websterly wear was wearing a dark-coled Celtics jersey dark colored sweatpants and sneakers websterly stated while physically fighting with Silva Fagalo the two other males got involved in the fight and his staff got involved to defend him aviators sunglasses were
observed on the ground which belonged to Mr silva Fagalo and a white wig which belonged to Mr fishiskin the iPhone 14 Pro is not located anywhere nearby all parties refuse medical attention and Websterly was instructed to inform his manager to preserve all surveillance
camera footage of the rear entrance the gentleman left the area that's the end of the original incident report i do have a supplemental narrative that at 12:41 on November 9th 2024 detectives Walsh and Curley conducted a license
premise inspection at 147 Handover Street the point detectives met with manager Jimmy Finn and issued license premise inspection notice 37860 for violation employee on patron assault and battery mr mr finn signed and accepted i
do have another supplemental that I won't read in the entirety and I'll explain a1 Detective Walsh investigated the incident which occurred at the point 147 Hanover Street on Halloween night October 31st 2024 around 11 p.m and first spoke with the
victims involved detective spoke to Daniel Fishiskin who stated his memory was a bit foggy but he remembers getting assaulted by the security at the point he stated he is wearing a white wig in the video he stated he got his phone back which was originally reported stolen detective Walsh next spoke to
Fabian Jeromeo Hernandez who stated he was also assaulted by the security after his friend sunglasses were taken off his face detective Walsh then spoke to Juan Carlos Silva Fagalo who stated they bought tickets from a ticketing website Eventbrite for a pub crawl but security
from the point wouldn't allow them in because of of a private event even though their tickets said the point was part of the pub crawl pagalo stated security became aggressive and removed his aviator sunglasses from his face and then threw them on the ground he stated
the fight ensued and the security assaulted them juan said he put the security in a neck hole to stop the attack but was then knocked out by two others the three victims could not provide in-depth detail about the assault detective met with manager Jimmy
Finn from the point who cooperated and provided the names of security involved in the incident mr finn also provided access for Detective Walsh to download the video of the incident detective Walsh additionally recovered video from the Bellen restaurant next door after
reviewing the footage Detective Walsh made the following observations and I go on to reference in my video uh the particular assaults from the employees on the victims in this incident and the video speaks for itself
if you're not watching the video as my as I read my observations uh it's difficult to follow but in summary the three victims were attempting to enter the establishment
and were denied there was some back and forth uh the door staff Websterly dorsily then removes the sunglasses from one of the victims throws them on the ground the victims
attempt to follow Mr dorsali towards the entrance to the point and the fight ensues from there with several staff members getting involved from my observations the victims never threw a punch at any of the door staff or seemed
aggressive to in my opinion the door staff four door staff members assaulted each of the victims and criminal complaints have been filed in Boston Municipal Court against the
four door staff members and that is all I have at this time thank you Detective Walsh attorney Ford would you like to address the alleged incident uh very briefly just a few u just a couple questions for Detective
Walsh good morning detective um in the uh the video that was provided to you by the uh point um I believe you testified that um one one of the points security staff was indeed was put in a hold from behind is that fair
to say it's fair it's fair to say yes okay and was actually grabbed and and brought and and pulled down uh to hit the ground correct during the incident yes okay and in fact
other security from the point had to run over um to the uh incident to address it correct the other doorstep was around the two quickly separated and then that
victim continued to be assaulted and they were quickly separated is that your testimony when one of the victims attempted to put a doorstep in the hold they went to the ground and they quickly the door staff quickly got out
of the hold and then other door staff began began assaulting the victim additionally after that is it fair to say that the other security uh came to the defense of the security person who was uh pulled from the ground in a in a
neckold my observations they didn't attempt to get the security staff member out of the hold because he was already out of it it appeared to me that they punched him after after the hole was released
and the precursor to the incident was these uh three individuals these uh people who wanted to become patrons uh they actually rushed the one security guard who had denied them access is that fair to say no
okay and I would say they followed after the security staff ripped the sunglasses off of one of the victims and abruptly turned around towards the entrance i'd say followed not rushed you have two videos
the point of the actual door then one from the bell in hand yes okay uh thank you detective i don't have any further questions um thank you Mr cos um James Finn Mr finn are you on yes I am all right just going to go through some
questions with you um you're a manager under Chris Gaul correct correct and you were working on October 31st 2024 i was at the time of the incident could you just explain to the board uh what was going on what was the transition so we
had a transition from a daytime bar um a crawl event um to a private event at night with a local college for an alumni group okay was this bar crawl something that the point created uh we didn't create it we became a part
of it there's an online group i think it's called barcrawl.com or crawlwith us.com something along those lines um we partnered up with them along with a bunch of other venues in the area okay and when you say partnered was that
just to allow them access allow them access correct there was no free drinks or discounted drinks correct no sir and what was the time period uh that you allowed the bar club crawl to be present in the premises um I believe they were
there from 5 to 900 p.m and who was working the security at the front door um Westerly Dorsily jay Dorsy could you just describe since Mr dorsy is no longer with the company
or has been uh was immediately suspended correct he was yes okay and terminated correct yes and we'll go into that in in a second um can you tell me did three pe did three uh individuals come up to the
uh door and ask to enter the back crawl so they initially tried to enter the door at handover street and were denied access by um one of our security Brian Duan and Brian told them that the bar crawl was over and pointed in the
direction of other bars that may still be participating at that time and um what specifically uh what occurred after that uh those three individuals walked down to our side entrance on Marshall Street um and then
proceeded to try to get in that door and were denied uh entrance by Westerly Dorsy uh Jay he pointed at a sign we had posted saying that there's a private events uh to let the three individuals
know that the bar crawl was uh no longer being held at the point okay and there's been some testimony about so-called wristbands for the point uh can you describe uh that all different all different bar crawls uh give different
wristbands to the participants of the bar crawls okay and uh at this time had uh the B the the part of the B crawl at the point terminated it it had yes it ended at 9:00 p.m and what was uh these
three individuals uh attitude or uh um reaction to being told they can't come in i think they were pretty frustrated and they kept saying that they had paid um for a bar crawl from this time to that time we continued to tell them that
they did end it at nine o'clock for us i think at one point they um even tried to look it up online to let them know that it was over at that time okay um and just uh briefly you were working that night i was okay and where were you
located i was on the first floor bar and that's back and away from the front correct exactly okay um the dorm in Westerly is this accept would this be acceptable behavior absolutely not no it's not something
that we do it's not something we want to be known for doing um and he was immediately suspended and then terminated correct correct all right i have no further questions for uh Mr finn um if I can proceed with one more witness
okay mr g are you present i'm here yes all right what is your name could you say for the for the record christopher Gaul g O L and what is your position with the manager of record and as a you weren't there that that night it was your night off i was there there was a
Thursday night i was not there no okay and um did you as a result of this what did uh what what did you do by way of uh in investigation um so when the incident was brought to our attention uh we did
an internal investigation um to you know talk to all parties on our end that we could um of what happened and you know we proceeded to make decisions on staff members you know per um you know our investigation what we got uh you know we
reiterated to our staff with terminating them with our you know policy and procedures um and um so that was you know what we did initially after uh this event had happened and if there is a altercation out front what is the procedure again on
all um you know any type of altercation you know number one thing is you know one calling the police and notifying the manager on duty uh that's known by all of our staff that's in writing that's posted um from everybody
okay and you had um u passed on to me the so-called A+ plus security training is that the most recent and updated uh training manual um I believe so um which you have i can uh um you know make sure that you do have
that all right i'll make a representation that was sent to the board um yesterday um I have no further questions for Mr uh Mr g um just briefly saying that we we do believe this is an outlier mr g's really run a a a great
operation uh this shouldn't have happened um and you know they're they're embarrassed by it people have were immediately suspended and uh fired uh they've reviewed the the the training over and over again with all staff for
their different uh positions they've updated the training manual which we've submitted uh and continue to work on that and uh they will not be in front of the board for an incident like this ever again thank you Attorney Forward we'll see if
there are any questions from the board at this time uh beginning with Chairman Joyce thanks i have a couple questions um I didn't see what you submitted yesterday you submitted something additional to the two-page security and safety policy we have or is it is that
what you're talking about that's what we're talking about yeah what was submitted yesterday the the the procedures pages two pages yes so I don't see anything in here that describes what you're talking about you know calling the police uh not touching
um patrons so this two pages is what you're saying is the A1 security train A+ security training manual i think double check if I could answer yep that that's for us um a document as
Michael Ford i can send you over the documents we have posted um on our in our kitchen downstairs we can get those over you today okay so it looks like the staff all the staff are wearing red shirts in the video correct that were you
talking to me or James Finn who was on duty that night uh I don't know whoever can answer that chairwoman I think probably makes sense to have uh Chris Skull answer those yes so they they were in staff shirts correct was the door man wearing a red shirt he was not why was
that that was a failure on our end he should have been in a point staff shirt it was Halloween night um he had a Celtics jersey on but that was a failure on our end he should have had a staff represented shirt okay so how did you when the pub crawl ended at 9:00 did you
clear the bar out and say everyone has to leave that was on the pub crawl now it's a private party how do you how do you manage the um coming and going with people that had been there for the pub crawl and then now it's a private party so so generally what we do is you know this pub crawl was a Thursday night um
it was a 4-hour block period with call it eight different bars um so we're not shut down to the public during those hours but people that are on wristbands if we were to get to a capacity type thing are able to skip a cover if we
were to start that right that's the sell on the the purchase of the pup crawls um so for that night 5 to 9 at our event that night I believe was 10:00 so at 9:00 we shut down to clear the bar um
let all the patrons know hey look we're shutting down we aren't just throwing people out to the street you know we're just saying hey we're shutting down we do have a private event coming in you know so there's a slow transition to that um we notify these pub crawls all the time hey here's what we are as best
we can we get to in writing look no drink specials no you know here's the time that we're allotted we confirm with them we get it in writing um and you know so for our end you know we're shut down it gives us a good hour to reset
the bar check everything in you know set up make sure you know obviously bar type um duties and then you know we go about our night with our private guest list private event for that following night okay um I understand that um you in the
testimony today you said there was an internal investigation done could you submit that those notes to the board for our review yes and that's to your email yeah and I think at some point you were told to preserve video did you preserve video i believe that uh
James Finn met with the police officers and they pulled the video and they have our video okay so we have one video that's from the street is there additional video it's from about 20 ft away are you talking about other video that you sent we'll get it from them i just want to
make sure I'm reviewing everything that was submitted yes we I know have a video of our door on Marshall Street um to the extent of that video I don't I do not know that i believe the police do have
that okay i have that i'll I'll forward it to you Mr chair thank you um I will await the internal notes uh oh I do have another question how many people were terminated that night there was four people that
were terminated that night okay and how many staff did you have working the door how did the staffing work that night i can check the record of that but we would have one at the uh excuse me one at the Marshall Street door one at the handover street
door another one on our stairs another guy would have been upstairs and we may have had a fifth floater that night i have to uh go check the record of that and get you a definite on there okay thank you um I have no other questions commissioner Karin
Commissioner Saxon so regarding video camera coverage and the document you sent um does that does the document mean that you're going to get better coverage of that entrance with a with a video camera are you asking me i'm sorry sir i'm
asking anyone from the premises who can answer that question if the police officer does have our video then he should have a better documented video no no is there a plan to get a camera with better coverage of that entrance we are i believe we have sufficient coverage of that entrance we have a
camera that's pointed right down on that entrance we have a camera that's pointed on the inside down there and we have a camera from the handover street side um there that's placed over there well the the angle you sent us is very hard to see that entrance i don't think it's very good coverage we have recently
moved one of the cameras that was above um an awning to underneath the awning where you can see the entrance perfectly now on Marshall Street no it it has been improved from this yes okay um regarding the four people that were
let go because of this incident um do you did you have any uh disciplinary issues with these four people we had never had one incident with um any of those security members uh that were with us any prior time before this so it was
a disappointing uh event for us okay no and not even like an unsubstantiated allegation that you didn't discipline them for no I had the the people that were there um you know were all never had any issues with any of them
okay and then so prior to this incident do you have any documentation supporting that any of these people attended and you know received like uh structured training not just like informal meetings
before shift or something like that as as far as a our training or as far as something that's a like a licensed training any training that would have like a curriculum that we could review and then that could show that they you know were
presented with this curriculum and and you know acknowledge it or you know that it's documented i can look into that document to see if we have anything for that okay um that could potentially be helpful yep i think that's all I have
right now thank you i just need to be reminded what time did the four individuals arrive i believe it was approximately 1000 p.m is it just jump in uh is the time stamp on the video we got from you is that
accurate to time yes okay i believe it is and by that time the um private party was underway or is it still kind of it had just started thank you are there any further
questions from the board okay there have been requests for several materials um following this item uh one is any internal reports that may be in your possession um the signs that are posted in the kitchen about how to respond to such uh an incident uh any
additional videos uh in addition to the one that we've received from Boston police and um any evidence that the four uh staff members had received training um either from the licensed premise or from an outside trainer um any of those can be mailed emailed directly to
licensing boardboston.gov we'll make sure it's sent to the commissioners um or in physical copy to room 809 at city hall with that the board will take this under adisement thank you thank you thanks calling item number two which concerns the same lency BVP LLC doing business as
the point located at 147 Handover Street date of this incident November 28th 2024 an overserved intoxicated patron in violation of Mass General Law Chapter 138 section 64 um who's present on behalf of the Lency Attorney Ford again uh good morning michael Ford for the
Lency with me is uh we have uh Christoph Gaul and then we also have Mr walker who's the bartender good morning morning thank you very much for being with us i do see Mr walker on my screen who is present on behalf of the Boston
Police Department good morning my name is Officer Tu i am uh present for the for the incident that occurred at night thank you and are there any other individuals that pertain knowledge of the alleged incident who wish to testify
sergeant King Boston Police great thank you very much Sergeant King uh can all of you please raise your right hand officer two if you could please raise your Thank you do you swear to tell the truth the whole truth and nothing about the truth i do thank you
very much who will be reading the police report into the record yep um I'm just pulling out the police report now okay thank you so to give you an idea of the incident uh this call originally came in as uh unable to determine uh what was happening um
around at 11:53 on November 27th so about 11:59 on Wednesday uh 11 sorry 11:28 24 offic 421 respond to a sick assist call at 147
Handover Street at the Point Bar uh also assisted with the call was Boston Fire on scene of Boston EMS upon arrival the officer was met by one of the security staff at the front door of the bar and the security staff member stated that a known female victim
later identified as Natalia Santos fell from a tall sue chair on the second floor and had multiple lockxication cut to her face from the impact of the fall officer observed that Santos is unsteady on her feet and sluring her se speeches
and was uncooperative with officer officer spoke to the bartender and the bartender stated that Santos had been drinking off another patron tab and had fallen from the tall suit chair santos was later transported by Boston EMS MGX for further medical evaluation and
patrol supervisor Sergeant Kink was notified of a code 35 violation and whole incident was captured on body one camera thank you very much uh Sergeant King will be reading in the West violation yeah I I'd like to apologize to the
board for my earlier confusion um about 12:40 a.m on Thursday November 28th 2024 Sergeant King the Alpha 915 conducted a code 35 license premise inspection at the point 147 Handover Street Boston per the above incident Sergeant King issued
City of Boston license premise inspection notice number 042745 with a violation for overserved patron the violation notice was received in hand by person in charge Brandon Morris thank you very much attorney Ford would you like to address the alleged incident
uh yes briefly um just a few questions for you officer uh two um of course no one from the uh Boston Police Department observed the fall correct no nobody observed it before uh by the time I got there uh patron had already got up uh I
did observe she had multiple cuts you know she was unsteady on her feet she was sluring her speeches at the time and also be uncooperative you know trying to identify herself and it was got to a point where I had to go downstairs because she did not want my present to
be there and Boston EMS helped escort her down while they were coming down she actually felt on the stairs coming down as well so it's fair to say you didn't observe the fall correct oh all right and um you said that there were lacerations on her face yeah she had
some cuts on her face uh based on what the uh her friends were describing from the impact of the fall along with security staff members stating you you saw all the lacerations on her face and head correct correct based on the body warn camera it's also documented the footage as well well the camera didn't
see the fall correct cameron does not see the fall no all right and she was clearly Would you say that she could have been uh disoriented uh from a uh head drama um prior to arrival possib
any possibility and lency cooperated correct yes they did and it was they actually a a uh call to the police and they came out front immediately correct uh once I got on scene spoke to security staff member they stated one of the patron fell and
that's when we went up and observed I observed misantos uh was pretty much on her feet but very unsteady right that wasn't my question though could you please just answer my question okay can you refer the question again they came they called the police and and came out
and cooperated correct yes okay i have no further questions for officer uh two if I may proceed with some questions for Mr walker yes um Mr walker are you here i am would you identify yourself for the
board charles Walker bartender at the point and of course there was testimony about a woman uh present that day is that fair to say yes all right and um were you the bartender um serving her that evening yes sir okay and could you
describe uh how much she had to drink and how you monitored that so this was a high school reunion uh private event for the upstairs um we knew two of the patrons there was approximately 10 to 15 um when she came to the bar um she was
completely sober had no signs of intoxication whatsoever at that point she ordered a tequila shot which was rang in on her friend's tab um and approximately my best estimation 45 minutes past she orders another tequila
shot where she was drinking water heavily uh because she stated um that she needed to be responsible for her children that night um at which point around approximately 11 um she she fell from the school okay
so how long was she on the premises uh from entry to when she fell my best estimation would be about an hour and a half and she had how many drinks two sir okay
um and you described she just what was the what caused her to fall based upon what what you observed at that point in time my back was turned around to serve another patron i was getting a drink from the cooler um I did hear the fall
it took me about you know 10 seconds to respond at which point I came from behind the bar um that she was being tended to by her friends i made sure that I did my part um in tending to her needs as well the police were called or emergency staff was called at that point
in time um and responded quickly okay and you in fact was it you who called the police it was not it was a um it was an a patron she had she had him on the phone before I could act i was more concerned about her safety okay and could you describe her demeanor how she
was acting her behavior and initially she was unconscious um and then by the time uh first responders arrived she was cognizant and coherent um was able to support herself on her feet um with assistance um from her friends she was
wearing heels that night those had to be taken off so she was actually walking around barefoot without any shoes at that point yes sir okay i have no further questions for Mr walker if I could just I have one more
witness uh Mr g are you there i am here yes could you identify yourself again for the board uh Christopher G manager of record all right i just want to focus on um what the policies are to spot intoxicated people and what's uh what
you've done since from this incident what are those policies uh we have anybody that is handling uh liquor alcohol serving it you know serve safe tip certified um we have that documented uh from there we've you know gone as far as our security members to getting them
to be um you know serve safe certified as well um you know we have you know IDs that are checked at the door of everybody that's our first line of you know communication of somebody coming in the door which can tell us any signs of intoxication um all of our bartenders
you know we we don't have servers so all of our bartenders are taking orders directly from patrons um so you're getting a drink from somebody that you're ordering from um so you know that second line that they're all trained for this um you know we have our policy and
procedures as far as pouring as far as you know when you pour a drink you put it in the tap um you know everything's accounted for for that um and you know we we do our best job that we can to be able to identify any signs of intoxication and to make sure we're not
overserving patrons okay i have no further questions for you Mr gaul uh just very briefly in summary we believe we followed that procedure do have a very good procedure in place not questioning um what officer 2 u observed
uh at all uh but really believe that this woman may have been significantly disoriented by the uh by hitting her head lacerations were indication of that she's walking around because she had to take off the shoes from the uh fall um
what I would want to focus on uh my presentation today is u that there are policies and procedures and that there's been review of those of those through internal um training and uh the requirement of tip certification and
also the fact that they do track tick u drinks because there's that uh onetoone uh service and they are going to be hypervigilant um for this uh so there's no issues in the in the future thank you
thank you we'll see if there are any questions from the board chairman Joyce yes i don't know if this is a question for Mr g or Mr walker but um the testimony was that she was served two drinks the police report says that the bartender bartender stated she had been
seen drinking off of other patrons taps what do you do in a situation like that when you see someone who appears to be disoriented um drinking off other people's tabs yes ma'am i I'd like to answer that question um at that point in time she was
ordering off her friend's tab um and that was stated to the officer um she was drinking water heavily um and to me when she first arrived to the um the point um upstairs for the party she she
showed no signs of intoxication can I follow up on that question too is that Do you need more answers for that or are you okay there please elaborate yep yeah no so I think it's it's are you asking just to be clear clarify things are you asking if somebody goes up to the bar and orders a drink off somebody
else's tab as far as that what are you asking exactly so it sounded like the bartender served her two drinks so what does it mean when someone's drinking off another person's tab does that mean she was taking someone else's drink and drinking it or she placed an order did she only Was she only served two drinks
yes i I I believe that it was I I believe that it was it was a high school reunion and the first person had ordered two drinks on a tab so the two drinks were accounted for on on a separate tab
okay so so the officer spoke to the bartender and that the bartender stated that Santos had been drinking off of other people's tabs and had fell from her stool i I'm not I'm not sure about the the police report wasn't I think our thing
is that we had tracked her having two drinks and she may have had a drink off somebody else's tab she had drank off somebody else's tab that would be that's I mean if you're tracking her drinks it's the one she orders from the bartender okay so like let's say her friend orders
two drinks those get attributed to the friend not her right it would be I get what you're saying correct yes um so she could have consumed more if someone else bought her a drink i believe that night and you can
ask Charles Walker there was you know 12 patrons up there for it so um you know from from what we saw from it it it was two drinks that she had that were served to her correct and it was a small enough craft for me to monitor the situation um
diligently um and at no point in time was I questioning her ability or her coherency andor level intoxic intoxication um and mainly so because she was drinking um I mean she had a
water in her hand and I specifically remember filling her water up um extensively um there was and then she had those two drinks off a friend's tab um who ordered those drinks for her is what I mean by that um at which point
she consumed um you know approximately 45 minutes apart okay thank you very much i don't have any other questions commissioner Saxon or Commissioner Carvin um is would there been any video available for this
i don't believe we preserved video for this now perhaps you could say how long does the video system work uh in relation to the incident and you receiving the violation i I believe the our video is a 6 week
runover um as we did know uh two of the people at the high school unit was uh we had got in contact with them and reached out to the patron to follow up to see if she was okay or there was anything there and we uh we got word back from her um
on a couple things so um Officer True do you remember what she said i know you said that her speech your speech was blurred but does she offer anything in explanation um pretty much in a way you know seems like she don't want to get this like bar
in trouble the way she was talking just because of how you know like I said she was co in terms of her speech wise she was like slurring she she multiple times she refused to identify herself i had to get um her information try to get through her friends and her friends were
having the same problem too um you know sluring their speech i was only able originally get her name and the date of birth was given incorrectly uh I was only able to find her through our system database because she's already been um in our report prior and from there I was
able to identify her and a question for Walker um you said that she was drinking a lot of water but are these these liters are you talking cups 16 16 cup and how many times does she ask for the 16 cup to be refilled to my best
estimation four or five thank you any other questions from the board um just you said it's six weeks right the video would have been six weeks I believe so I it could I could be wrong i I want to say it's anywhere four to six
weeks my best estimate i don't think it goes back further than that okay so video would have existed when you uh received the license premise violation right correct okay at that at that time did you do
any kind of search to to see if there was video about that that would have covered this incident i I did not look further into it of the video um on that no I didn't think there was a you know reason to save anything
um but that could have been you know that that was just from there so thank you thank you any further questions board will take this under adisement thank you thank you item number three has been continued at
the request of the Lency calling item number four Ryub Inc doing business as the Ali Bar located at 237 to 275 Washington Street date of the incident October 23rd 2024 assault and battery patron on patron in violation of mass
general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lences uh good morning my name is Damian Tubbret i'm joined by my manager of record Mr courtney Ferno and security Sam Field
[Music] thank you i see Mr ferno i'm not sure I see Mr field on my screen not sure how Oh there we go um I can hear you just asked you to start your video something should have popped up on
your screen um in the me in the meantime I will ask There we go we can see you now thank you who is present on behalf of the Boston Police Department detective Brian Herald officer Frankie Ramirez lieutenant Detective Troy if necessary thank you are there any other
individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right hand you sir to tell the truth the whole truth and nothing but the truth i do thank you very much who will be reading the police report into the record for
the board officer Officer you may please proceed about 2:09 a.m on Wednesday October 23rd 2024 officers Ramirez and Genius and the Alpha 202 Alpha responded to a radio call for an assault in progress at one
Boston Place Boston initial incident took place at the alley bar 14 pie alley upon arrival officer made contact with the victim John Wesley Ball who stated that he was saying bye to a
friend Michael Pierce while at the alley bar when the suspect Raymond F ali began to call him offensive names the victim Welssley stated that he responded to the
suspect Deli by shouting "Fuck you asshole." When Deli then responded by physically attacking Ball Ball refused DMS when interviewed Deli stated that while at the Pie Ali bar Ball closel lined him and knocked him off his stool
for no reason patrol supervisor on duty Sergeant Dunford notified of code 35 thank you Officer Ramirez um Mr tre Mr ferno Mr field would you like to address the alleged incident um I can address it
on the morning of October 23rd at approximately 1:50 a.m a scuffle broke out between uh Mr john Ball and Mr raymond Daly there didn't appear to be any leadup argument uh to the two prior to the incident um John Ball was a
regular customer for a number of years at the time raymond Daly was unknown to us and a new customer um Sam Field was doing security that night and he was sweeping within a few feet of the incident when it broke out john Ball initially appeared to be
the innocent party here um both police and ambulance assistance were offered to both John Ball and Raymond Daly both both declined um Mr daily was asked to leave and he did so it was close to 2:00 in the morning anyway so the bartender
closed the bar and asked everybody to leave uh John Ball was asked to stay while the bar was cleared out and he was offered the option to leave by the back door which opens out onto Washington Street instead of Pi Alley the front
door um John declined and left of his own accord um and he was walked to the door by Sam Field um when John Ball left the Ali bar the pie alley was empty of other customers it was only the following day
that we learned that a fight broke out between John Ball and Raymond Daly outside of one Boston place um upon reviewing the video the next day it appears to show that John Ball is the aggressor and not John Dailyaly um the
video shows John Ball push Raymond Daly off of his bar stool in an unprovoked um random manner um we did provide video of the incident to the Boston Police Department thank you very much anything further uh before we move to questions from the
board nope great with that we'll see if there are any chairman Joyce thank you we did get the video um who was the one that was familiar to you who was a patron that's been there
before uh John Wesley Ball he was a customer for a number of years all right thank you um I don't have any questions at this time commissioner Currin or Commissioner Saxon no questions thank you
no questions from me thank you thank you very much the board will take this matter under adisement thank you thank you thank you all calling item number five JJ and R LLC doing business as the mix located at 555 Talbot A in Dorchester date of the incident November 9th 2024
assault and battery patron on patron a fight outside the premise in violation of mass general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lency uh who's here on behalf of the mix i see Mr faulk here i I do too um Dr
faul are you able I'm going to ask you to unmute and to start your video so we are on your item now yes sir i'm having trouble there you go all right my apologies i'm here on on behalf and I also have um the other two coowners Levi Schmidy and Jarvis Adams as well but I
will be the I'm listed as the manager so I'll be able to answer all questions thank you um if the other two individuals will be testifying we'll need to have their camera on so we can serve them in as well i think I'll be doing I I'll be doing
the testimony okay thank you um who is present on behalf of the Boston Police Department sergeant Chris Burns and uh police officer Louis Velasquez thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify
this morning you all please raise your right hand officer Velasquez if you could please raise your right hand as well thank you do you swear to tell the truth the whole truth and nothing but the truth i do i do thank you all who will be reading the police report into the record
police officer Louis Velasquez great you may read that now sure about 9:54 p.m on Saturday November 9th 2024 Officer Swanson Velasquez and Nerelli in the Harry 701 Frank Harry 713 Frank Harry 714 Frank
responded to a radio call for a fight at the intersection of Dorchester Avenue and Ashmont Street upon arrival officers observed two females entangled on the ground at the above intersection the female suspect Stephanie de la Cruz was observed on top victim Kiara Moore
officers immediately announced their presence and removed the females from one another both parties stated that they were drinking together at 555 Talbet Avenue the mix the victim stated that she was attempting to leave with her friend Patrice Baxter and suspect
approached them urging them to stay the victim stated that the suspect followed them out of the establishment and a physical struggle ensued the suspect refused to share her side of the story boston EMS was called to the scene and evaluated the suspect
suspect denied further treatment stating she was fine the suspect's sister was called shortly uh and excuse me was called and arrived shortly on scene and transported her home the Harry 912 Sergeant Burns conducted a code 35 at
555 Talbet the mix citation number 07 uh 3531 was issued for the Petrono patron fight outside uh Jean Simolei accepted violation on behalf of the mix and that should be the end of loop thank you very much dr faul would you
like to address the alleged incident yes so um that night um there was no incident that happened inside of the establishment we know that that group of individuals were all friendly to one another they all left on their own
accord no one was over served there was no tension that happened um as they left we only were made aware of the situation when the police officer came and issued the the citation so there was no issue within our establishment there was no
sign that there was going to be a fight there was no um intoxicated patrons and we accepted the um the citation willingly um just because we just don't want to have anybody who comes to our establishment be harmed in any way and if um there's anything that we can do to
make sure folks are safe that's what we try to do which is why we have security on premises which is why we also make sure our security does not physically touch anyone and if there are any issues we make sure that our security calls the police um to be the actual intermediaries to stop any potential
incidents we are located um at a busy intersection that has a lot of we'll just call them social ills within the area that are not attributed to our establishment but things do happen in that area so we want to make sure everybody's safe and we do our part and
make sure we have our due diligence so that's that's all that we will add thank you for that um the board may have some questions for you we'll start with Chairman Joyce any questions thank you um the police report says that both parties stated that they had been
inside did anything happen inside that you recall or that you observed or any of your staff observed uh between these two people no there was there was no incident that happened with inside the uh alleged suspect in this incident is a
regular at our establishment she never has any issues um she comes she eats she comes from work i know she's in the building trade so she usually comes around the lunchtime hours um but there was no indication that there was any incident they were all together
um and appear to be enjoying themselves so the last thing that we would expect to get was be a citation and to see the police report later that they were actually the ones involved in any incident okay okay and could you see the altercation that was happening outside
from inside no okay no um I don't have any other questions commissioner Kurin or Commissioner Saxon i have no questions thank you no questions from me thank you
thank you if there are no further questions and the board will take this under advisement thank you thank you and calling item number six La Abandansia Bakery Corp doing business as La Abandanscia Restaurant located at 59 Meridian Street in East Boston date of
the incident December 21st 2024 premise providing bottle service without board approval in violation of mass general laws chapter 138 section 64 who's present on behalf of the Lency good morning my name is Joanna Gajgo i am her daughter-in-law and this is Nori
Garcia the owner of Laundia great thank you for being with us could you please just state your name one more time for the record make sure I got it yes joanna Gajgo j O N A j A yep thank you Miss Ggo and thank you Miss Garcia i see you both who is present on behalf of
the Boston Police Department detective William Gallagha detective Eddie Hernandez if needed thank you are there any other individuals with firstand knowledge of the alleged incident who wish to testify 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 i do thank you sergeant Detective Gallagher if you could please uh read the police report to the record yes good morning on 12:21 2024 at about 11:52 p.m Sergeant Detective William
Gallagher Detective Eddie Hernandez assigned to licensed premise unit conducted a license premise inspection of La Madanzia at 59 Meridian Street the detectives watched for the premise they observed patrons pouring their own drinks from tumblers into shot glasses
detectives observed discovered the tumblers to be 12 ounces and they contained aguante detectives did not observe bottle service as a condition or lenadia's liquor license detectives asked to speak to the manager mr ali Perez arrived on scene shortly
detectives informed him of their observations detectives informed Mr perez that mass law prohibits service of more than two drinks to one patron at a time which is mass prohibited practices mr perez stated he was unaware and he would cease the practice as a result the detectives had observed Sergeant
Gallagher issued licensed premise inspection notice number 017938 for premise providing borrow service without liquor board approval mr ali Perez signed for and accepted the notice did include in the report picture can see it it's a 12 ounce tumbla and
you can see a little shot glass next to it the agua dante was in that and the customers were uh pouring their own drinks that's all thank you very much Miss Garcia miss Ggo would you like to address the alleged incident yes so um she is a we she does apologize
to the board she is aware that this is not something that they're able to do unfortunately Arle he is the manager but he's the manager for the kitchen so he is not really aware of what happens in the front of the house um that night she actually had left home to change and so
she wasn't present for when they um the officers arrive on site which is why she was not available in the moment um she did provide another um training education for all employees that the she they were aware that this is not
something but apparently what the waitress told Nuri was that in the moment she got busy and forgot to remove the tumbler from the from the bar and let and just left it there and since Nuri wasn't there supervising it went longer than it should have been so um
she did she did provide her with a written u warning and if it happened again she will get terminated excuse me and um on March 15 2025 Nori um hire Walter Solar Sardinos um alcohol
awareness consultant to provide a training for all employees of La Bundansia to ensure that this not happen again um and if the board can provide me with some um information or email where I can send the letter that he provide us
sure that can be sent directly to licensing board it's all one word licensing board at boston.gov and make sure that that's shared with the commissioners uh thank you so Sergeant Gallagher when you were walking through the license premise was it just one table that had
this tumbler that was left by the weight staff or was the whole restaurant and I was back in December i I I'm going to say there was at least more than one but uh it's not in the report so I can't go out on a limb and say for sure but uh we did notice that one detective Fernandez took a picture of that one i'm not sure
if Eddie remembers but uh we did key on that one it was right up front okay there was only one There was only one table time that had Okay um all right i have no other questions commissioner Karin or Commissioner Saxon
um I'm just I'm not clear what is the tumbler is it something that the bartender uses or is it something that you were using to serve in this manner so what they do is that they try to use the tumbler so they don't keep bottles everywhere right and they have a little fridge behind the bar where they keep
the tumblers to make sure the alcohol stays cold because aguardiente is usually a cold u beverage and so they use the tumbler to make it easy for pouring especially when they're busy and there's only two people um for the restaurant in general so instead of
using the bottles every time they just pour some in there and then they just reuse it and um once they get it's done then they'll rebottle again but everything is kept in the fridge behind the bar all right so this is just a
technique to serve it cold and if that would be to like multiple patrons but you still serve you should have been serving it one at a time right correct which is why she gave her a written warning and letting her know that if it happened again she will be terminated because that should have never happened
okay thank you nothing additional thank you thank you very much um the board will take this matter under advisement as well um those are all the items before the board this morning the board is set to vote on Thursday April 4th at 10 a.m notice hasn't been posted to the city's
website that will adjourn this hearing thank you all and enjoy the rest of your day thank you thank you thank you