►
Description
City of Boston Licensing Board - Violation Hearing - 02/15/2022
A
As
a
reminder,
please
mute
yourself
when
you
are
entering
unless
and
until
you
are
appearing
or
testifying
before
the
board
good
morning.
This
is
a
hearing
before
the
licensing
board
for
the
city
of
boston.
Today
is
tuesday
february
15
2022..
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
will
be
recorded
and
posted
to
the
city
of
boston
website.
A
Thank
you
and
once
again
as
a
reminder,
please
ensure
that
your
audio
and
visuals
are
working
properly
and
please
remember
to
keep
yourself
muted.
Unless
and
until
you
are
appearing
or
testifying
before
the
board.
I
will
call
each
item
in
the
order
that
it
appears
on
today's
agenda.
I
will
then
ask
who
is
present
on
behalf
of
the
licensee
who
is
present
on
behalf
of
the
boston
police
department
and
whether
there
are
any
other
individuals
with
knowledge
of
the
alleged
incident
who
wish
to
testify.
A
A
Again,
all
testimony
will
be
limited
to
individuals
with
personal
knowledge
of
the
alleged
incident
only
and
due
to
a
scheduling
conflict.
We
will
be
calling
item
number
two
out
of
order
and,
beginning
with
that.
So
now
calling
item
number
two
on
today's
agenda:
big
causeway,
llc
doing
business
as
big
night
live
studio
b;
guy
fieri's
tequila
cocina,
located
at
110
causeway
street
date
of
the
alleged
incident
november;
7th
2021
assault
and
battery
patron
on
patreon,
in
violation
of
mass
general
laws.
A
A
E
D
About
1
47
a.m:
on
sunday
november,
7th
2000,
2021
officers,
lucas
and
scott
in
the
alpha
102
responded
to
a
radio
call
for
assault
and
battery
at
110
causeway
street
boston.
Upon
arrival
officers
spoke
with
the
victim
marcus
carlson
outside
of
110
causeway
street.
The
victim
carlson
had
a
small
cut
above
his
right
eye
and
stated
that
his
vision
was
slightly
blurry.
D
D
D
D
D
C
F
C
D
C
Obviously,
this
team
does
everything
within
their
power
to
have
eyes
and
ears
all
over
the
venue,
but
nobody
witnessed
this
alleged
incident
in
real
time
as
the
board
will
be
able
to
see
from
the
video.
The
incident
lasted
just
under
10
six
seconds
in
its
entirety
and
even
with
the
state
of
the
art
surveillance
they
had
throughout
this
venue.
It's
hard
to
discern
exactly
what
happened
with
these
individuals
and
there
isn't
any
evidence
discernible
leading
up
to
the
incident
that
staff
would
have
or
could
have
foreseen
to
prevent
it
from
occurring.
C
It
was
then
observed
that
the
patrons
then
left
the
premises
out
of
two
separate
exits
which
the
alleged
victim
reported,
which
is
when
the
alleged
victim
reportedly
approached
officers
outside
in
total.
This
all
happened
from
the
time
they
were
on
the
dance
floor
to
exiting
in
seven
minutes
or
just
under
again,
it's
a
bit
unclear
on
video.
What
exactly
happened
but
appears
nothing
occurred
prior
to
the
brief
incident
which
staff
should
or
could
have
been
aware
about
as
soon
as
they
noticed
the
argument
between
them.
C
It
was
radioed
in
the
event,
there
was
something
that
that
they
witnessed
that
needed
to
be
handled
and
we'd.
Just
like
to
note
that,
since
this
venue
has
been
open,
their
record
has
been
blemish
free.
They
handle
incidents
like
these
by
the
book
and
call
9-1-1
without
question
at
this
time.
If
I
can
hand
it
over
to
jamie
pollock
to
testify
regarding
his
involvement
with
the
incident,
because
he
was
on
scene
and
did
discuss
it
with
police
as
well.
G
Hi,
my
name
is
jamie
pollock,
director
of
operations.
I
was
the
top-ranking
person
in
the
building
in
terms
of
security
that
evening
we
did
also
have
multiple
directors
on
full
management
team,
full
security
team.
When
we,
when
I
heard
that
call
for
from
the
security,
it
was
a
about
a
potential
argument
and
then
it
was
also
called
that
the
the
the
guests
had
left
the
building
and
out
separate
doors
by
the
time
I
walked
out
to
the
street.
G
There
was
already
police
involvement
with
one
party
really
didn't
give
us
any
time
to
react
to
it.
I
just
wanted
to
testify
that
it
is
our.
We
would
always
call
the
police
if
it
was
brought
to
our
attention.
If
we
have,
you
know
anything
else,
and
we
do
have
a
track
record
of
doing
so.
That's
specifically
my
job
that
evening
is,
if
you
know,
there's
any
any
kind
of
serious
incidents
in
any
way
that
I
handle
and
make
the
call.
G
A
B
G
B
G
There
was
a
crowd
pushing
forward
secure.
We
have
security
in
every
corner
of
the
building,
just
for
that
measure,
so
we
would
interject.
We
would
change
the
flow
of
traffic.
We've
never
really
had
an
issue
with
with
crowd
control,
but
we
do
have
protocol.
We
do
have
a
security
handbook
with
that
charlie
came
put
together
and
we
do
trainings
constantly
on
flow
traffic,
how
we
exit
the
building.
We
generally
don't
have
any
issues
with
it
whatsoever.
C
I
Kane,
thank
you.
First,
like
attorney
scanlan
said
the
video
does
not
show
any
type
of
chaotic
crowd,
control
issue
on
the
dance
floor
at
all,
but
also
as
jamie
pollock
stated,
we
do
do
specialized
training,
especially
in
that
venue
where
it's
a
concert
hall
that
has
a
large
capacity
and
a
double
dance
floor.
We
have
specialized
barriers
in
the
front
for
crowd
control
where
we
station
four
to
five
security
offices.
A
A
Thank
you.
The
board
will
take
this
matter
under
advisement
we're.
Turning
to
the
top
of
the
agenda.
Calling
item
number
124
new
street
restaurant
llc
doing
business
as
a
real
house
located
at
6
to
26
new
street
in
east
boston,
dated
the
incident
november,
6
2021
patron
on
patron
assault
in
violation
of
mass
general
laws.
Chapter
138,
section
64
in
chapter
265,
section
13a,
who
is
present
on
behalf
of
the
licensee
william.
A
A
J
Upon
arrival,
the
officers
spoke
with
various
unidentified
witnesses
who
were
patrons
at
the
restaurant
at
the
location
stated
above
the
unidentified
witnesses
informed
the
officers
that
a
belligerent,
drunk
male
was
removed
to
the
rear
entrance
of
the
premise
after
an
unprovoked
punch
after
the
unprovoked
punched,
another
person
officers
made
their
way
to
the
report
to
the
premises.
Officer,
lopez
suspect
observed,
suspect
one
who
was
later
identified
as
joseph
ferretra
squaring
off
with
suspect
number
two
who
was
later
identified
as
patrick
coughlin
officer
lopez,
observed
both
suspects
raising
their
fists
towards
these
guys.
J
The
other
excuse
me,
then
officers
observed,
suspect
two
striking
suspect
one
with
a
closed
fist.
At
that
point
officer,
lopez,
restrained,
suspect
two,
while
officer,
o'brien
and
officer
kamel,
restrained,
suspect
one
officer,
lopez's
observed,
suspect
too,
to
be
bleeding
from
the
lip
to
which
he
informed
the
officers
that
the
sus,
that
suspect,
won
the
punched
and
and
they
were
both
inside
the
restaurant
right.
J
J
Officer,
kamel
and
officer
o'brien
placed
suspect
number
one
in
handcuffs.
After
a
brief
struggle,
suspect
one
was
placed
under
arrest
for
assault
and
battery
and
disorderly
conduct,
officer
lopez
played
suspect
number
two
under
arrest,
assault
and
battery
in
the
presence
of
a
police
officer
in
disorderly
conduct.
J
During
the
booking
at
district
7
officer
lopez
observed
what
appeared
to
be
a
small
plastic
bag
of
white
substance
that
was
near
the
suspect
number
one's
feet
to
which
the
officer
believed
to
be
cocaine.
Class
b,
based
on
his
training
and
experience
suspect,
was
also
charged
with
possession
of
a
controlled
substance.
Class
b
sergeant
coughlin
in
the
gold
905
also
responded
to
the
location
conducted
a
licensed
premise:
violation
code,
35.
F
F
F
Okay,
thank
you
sergeant.
I
appreciate
it
and
members
of
the
commission.
If
I
give
you
just
a
brief
overview
and
then
we'll
hear
from
mr
guardi
and
and
mr
greeley,
this
is
an
incident
that
occurred
and
we've
we've.
Given
you
three
video
clips
of
the
interior
cameras
we
have.
I
think
they
all
show
that
this
was
an
incident.
That's
described
in
our
video
as
being
really
an
hour
prior
that
the
times
didn't
line
up,
because
they
hadn't
been
adjusted
for
daylight
savings
at
that
point
in
time.
F
But
I
think
it
shows
that
the
licensee
cooperated
with
police
when
they
arrived,
but
more
importantly,
that
immediately
on
the
happening
of
the
the
incident
at
the
bar
between
these
two
individuals,
our
folks
jumped
into
action.
Mr
greeley,
the
manager
on
duty
immediately
called
the
boston
police
department
and
mr
daugherty
after
about
a
14
second
delay,
as
you
can
see
on
the
on
the
video
comes
out
in
front
and
and
moves
to
try
to
de-escalate
the
condition
here
again,
this
bar
restaurant.
F
So
with
that
said,
if
I
may,
these
both
of
these
folks
were
regulars
in
this
restaurant.
It
should
be
known.
There'd
never
been
a
previous
problem
with
either
one
of
them
not
only
as
between
themselves,
but
with
anyone
else.
Mr
daugherty
you've
heard
the
recitation
that
I've
just
given
did
you
in
fact
come
out
from
behind
the
bar
immediately
on
seeing
this
situation
escalate?
K
F
F
J
K
J
F
L
F
F
Yes,
and
did
you
in
fact,
then
await
the
arrival
of
the
boston
police
department?
After
your
call
had
been
made
correct
and
the
boston
police
arrived
somewhere
around?
I
think
on
the
on
the
video.
The
time
shows
up
is
6
53,
which
would
actually
be
753,
and
they
took
care
of
the
situation
from
there
on.
Yes,
did
you
know
the
two
individuals.
F
B
J
F
A
Day
you
too,
thank
you.
Item
number
three
has
been
continued
at
the
request
of
the
applicant
of
the
licensee.
There
is
a
conflict
with
their
council.
It
will
be
heard
on
march
22nd,
calling
item
number
four
park:
avenue
group
inc,
doing
business
as
cabin
cafe
cabin
house
located
at
1406
to
1408
hyde
park,
avenue
in
hyde
park
date
of
the
incident
december,
7th
2021
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
licensee.
A
A
A
H
A
A
N
She
stated
that
she
was
pushed
to
the
floor
by
an
unknown
woman
while
she
was
inside
the
cavern
cafe.
Victim
also
stated
that
she
was
victims
stated
that
she
had
gone
to
the
establishment
around
10
15
pm
on
tuesday
and
that
around
11
30.
She
was
asked
to
leave
for
unknown
reasons.
Victim
further
stated
that
when
a
woman
she
with
a
victim
could
not
physically
describe
pushed
her
to
the
floor,
causing
the
victim
to
strike
the
back
of
her
head.
N
A
witness
k
petri,
then
spoke
to
sergeant
sullivan
and
stated
that
the
female
bartender
did
not
touch
the
victim,
but
was
trying
to
escort
the
victim
out
of
the
establishment
and
the
victim.
Just
flopped
on
the
floor.
Witness
kate,
petrie
kimmel
contacted
them.
I'll
disregard
the
phone
number
right
now
officer.
Washington,
then
spoke
with
suspect,
kendra
curtis,
who
stated
that
she
does
not
work
at
the
establishment,
well,
that
she
does
work
at
the
establishment,
but
was
off
duty
at
the
time
of
the
incident.
N
N
The
incident
asked
the
victim
to
leave
the
establishment
due
to
the
victim's
disruptive
behavior
tom
stated
that
kendra
was
off
duty
but
offered
her
assistance,
because
the
victim
was
a
female
tom
stated
that
kendrick
did
not
touch
the
victim
in
any
way,
but
simply
offered
to
help
the
victim
to
the
door
and
also
assisted
with
calling
her
an
uber
ride.
That's
when
tom
also
witnessed
the
victim
just
flopped
to
the
floor.
A
A
M
M
M
M
M
Swearing
at
me
and
kendrick
just
asked
her
to
leave
and
she
started
swearing
at
kendra
also,
and
then
she
kendra
said
you
know
she
had
to
leave
and
miss
fannie's
turned
and
just
drew
herself
on
the
floor
and
after
she
threw
herself
on
the
floor.
I
ran
around
the
back
around
from
the
bar
and
helped
her
up
to
get
her
outside.
M
O
H
Yes,
I
can
you
hear
me,
I'm
sorry,
we
can
hear
you
just
fine.
I
honestly
I
just
walked
over
to
assist
when
it's
a
female
customer,
whether
if
you're
on
or
you're,
not
you
still
pay
attention
a
little
bit.
I
mean
I
was
just
in
having
some
drinks
with
some
friends
and
when
she
got
as
belligerent
as
she
did,
it
kind
of
came
out
of
nowhere.
It
seemed,
and
so
I
just
I
figured
better
me
than
tommy
to
be
honest
with
you,
but
she
did.
I
never
put
my
hands
on
her.
She,
I
don't.
H
A
O
No,
no,
are
you
talking?
Yes
yeah.
I
was
in
the
hospital
at
the
time
and
until
I
just
found
out
recently
what
happened-
and
they
told
me
the
whole
story-
and
I
kind
of
believe
these
people,
because
they
do
do
a
good
job
and
we've
had
no
problems
there
for
quite
a
while
one
problem,
maybe
about
three
years
ago,
which
we
had
nothing
to
do
with.
P
P
She
actually
went
a
couple
of
few
times
it
seemed
like
after
she
came
up
the
bathroom.
She
just
got
a
little
wilder
and
then
she
was
getting
louder.
Then
I
seen
her
go
over
to
the
bar,
because
at
this
time
I
had
got
up
to
go
to
the
jukebox.
I
seen
her
go
over
to
the
bar
and
then
I
went
over
because
my
bag
was
there
because
she
was
so
loud.
P
She
started
screaming
and
yelling
tommy
axe
and
I
said,
can
you
please
leave
she
said,
give
she
started
swearing
at
him,
asking
him
for
her
drink.
He
said
at
this
time.
I
will
not
serve
you.
I
will
give
you
your
money
back
for
your
beer,
but
you
have
to
leave.
She
got
louder
and
louder.
That's
when
kendra
came
over
and
said,
let
me
help
you
out.
The
chairs
are
kind
of
not
too
close,
but
she
was
like
stuck
in
between
the
chair
a
little
bit
so
kendra
said.
Let
me
help
you
at
this
time.
P
She,
like
flung
herself
through
the
chair
and
then
on
the
floor.
She
landed
after
that.
She
just
got
louder.
Tommy
came
over
instantly,
tried
to
help
her
up.
She
still
was
swearing
and
screaming
at
this
time.
She
goes
outside
I'm
still
in
about
time
I
get
outside
tommy
and
kendra
inside
I'm
walking
out.
This
is
when
I
was
seeing
the
police
she's
screaming
and
yelling
officer
asking.
Did
you
see
what
happened?
I
explained
to
him.
You
know
the
bar's
always
quiet.
This
is
where
we
come
after
work.
It's
always
you
know
real
calm
and
collective.
P
B
E
A
A
Calling
item
number
five
johnny's
on
the
side,
llc
doing
business
as
west
and
johnny's
located
at
138
portland
street
state
of
the
incident
october
30th
2021
drugs
used
on
premise
patrons
claimed
to
have
been
drugged
on
premise
by
unknown
mail
in
violation
of
master
laws.
Chapter
138,
section
64.,
who
is
present
on
behalf
of
the
licensee.
A
A
A
R
R
Met
with
both
victims
and
confirmed
their
identities
to
detective
dugout
over
the
phone,
the
victims
report,
the
following:
they
traveled
together
to
a
friend's
house
in
saugus
massachusetts
arriving
at
8pm
on
october
30th
2021.
between
8
and
9
pm.
They
consumed
two
white
claw,
alcoholic
beverages
at
their
friend's
house,
along
with
four
other
friends
the
victims
and
their
friends,
then
ubered
to
west
end,
johnny's
at
138
portland
street
arriving
at
9
35
pm
at
9
50
p.m.
R
Both
victims
consumed
the
vodka
and
red
bull
drink
at
10,
15
pm
both
victims
ordered
another
second
vodka
red
bull,
drink
at
about
10,
50
p.m.
Victim
antonio
went
to
the
smaller
satellite
bar
adjacent
to
the
dance
floor,
to
order
two
green
tea
shots
for
herself
and
victim
schoenborn
victim
antonio
states
that
she
was
approached
by
a
taller
six
feet
or
more
possible,
possibly
asian-american
male
with
a
thicker
face
wearing
a
white
shirt
with
a
polo
tie
and
sunglasses.
R
R
The
times
provided
were
determined
through
their
uber
receipts,
snapchat
texts
and
calls
made
during
the
evening
both
victims
report
that
they
were
not
hungover
the
next
day,
but
they
felt
panicked
and
their
faces
were
tingling
victims,
drilled
back
to
western
mass
and
felt
the
same
anxiety
throughout
the
day
and
decided
to
take
urine
tests
that
they
bought
at
walgreens.
At
about
7
pm
on
october
31st,
both
urine
tests
showed
the
presence
of
opiates
and
benzodiazepines
in
their
respective
systems,
both
victims
denied
ingesting
drugs.
At
any
point,
this
interview
was
recorded.
A
S
Yes,
at
11
05,
I'm
sorry
11,
5,
20
21
at
about
9
56
pm
assad,
detective,
william
gallagher,
detective
andy
henand
is
assigned
to
license
premise
unit
with
conducted
a
licensed
premise:
inspection
of
west
end
johnny's,
138
portland
street.
This
inspection
came
about
as
an
incident
took
place
on
10
30
20
21
at
10
15.,
the
two
patrons
of
west
end
joining
us
believe
they
were
drug
well
inside.
The
premise
both
patrons
believed
that
something
was
put
in
their
drinks
caused
them
to
lose
their
memory
of
the
evening.
S
Both
patients
returned
to
their
homes
and
untook
urine
tests
the
next
morning
to
show
positive
results
of
opiates
and
benzene
opinions.
The
original
report
was
written
by
detective
degal,
the
alpha
834,
who
was
contacted
by
detective
jay
parnell
of
the
holyoke
police
department.
Their
police
report
number
is
two
one:
two:
zero
eight
zero,
two
zero
five
on
november
fifth
sergeant
gallagher
detective
spoke
with
the
manager
alex
medeiros,
informing
him
of
the
incident
and
requested
help
in
securing
video
of
the
incident.
S
As
a
result
of
this
incident,
we
issue
a
license
premise:
violation
to
join
his
number:
zero
six
zero.
Two.
Nine
six
for
drug
use
on
premise:
we've
also
gone
back
and
we've
reviewed
a
lot
of
footage
that
mr
madeiros
has
provided
to
us
with
mr
karen,
and
we
were
unable
to
track
down
much
more
on
that
detective.
Mcgowan
could
probably
reiterate
that
as
well
knows
essentially
the
facts
that
evening.
Q
This
is
an
allegation
that
two
well.
Firstly,
if
I
could
question
detective,
it's
detective
dugal.
Is
that
correct?
Yes,
good
morning
detective,
so
you
were
contacted
by
detective
jay
parnell
of
the
of
the
holyoke
police
department,
correct
right
and
you
you
would
agree
with
me
that
the
the
two
alleged
victims
in
this
matter
are
residents
of
western
massachusetts
in
the.
Q
Q
Q
Q
Q
Q
Q
J
K
Q
R
Q
Q
Q
U
U
U
Q
Q
V
Q
Q
S
Q
Q
Before
I
call
on
mr
karen-
and
I
may
call
mr
madiros
as
well
commissioners,
this
is
a
case
where
you've
heard
from
two
detectives
where
an
allegation
was
made
by
two
individuals:
a
male
and
a
female
in
their
early
twenties
who
were
attending
a
a
halloween
event
at
west
end.
Johnny's,
they
had
alcohol
before
they
arrived
at
west
end
johnny's.
Q
The
victims
reported
to
the
police
in
holyoke,
who
then
reported
to
the
police
in
boston
to
detective
dugout
that
they
felt
weird
the
next
day
and
they
went
to
walgreens
and
had
self-administered
tests,
which
allegedly
showed
that
there
were
opioids
and
perhaps
speed
in
their
systems.
The
next
day
we
don't
have
any
evidence
of
those
tests
before
us.
I
respectfully
suggest
that
those
tests
are
it's
hearsay
evidence.
B
Q
Q
Q
K
N
Q
Was
anything
of
that
nature
brought
to
your
attention
on
the
evening
of
october
13th?
No
detective
gallagher
subsequently
came
to
the
bar
and
you
co-op
cooperated
with
him.
Correct,
yes,
and
in
fact
you
were
instrumental
in
providing
a
videotape
from
the
videotape
system
that
is
maintained
at
west
end
jones.
Correct.
Yes,
did
you
view
that
videotape
yourself
or
did
mr
karen.
W
Q
W
W
Q
W
Q
W
W
Yeah
subsequent
to
this
well,
I
also
spoken
with
sergeant
moy
and
my
suggestion
to
have
him
come
in
and
speak
with
the
staff,
as
did
sergeant,
gallagher
and
hernandez,
and
a
couple
other
people
before
we
got
going
one
night,
including
security
staff
and
all
the
bartenders
since
then
upon
the
january
15th
vaccine
mandate
coming
in.
We
suggested
that
everybody
get
tip
trained
and
they
had
done
that.
Since
I
have
paperwork
I
could
supply
so
the.
Q
E
E
S
R
A
Q
A
Calling
item
number
six
inshallah
inc,
doing
business
as
crave
located
at
128,
brighton
ave
in
allston
date
of
the
incident
november;
18
2021
blocked
fire
exit
in
violation
of
mass
general
laws;
chapter
138,
section
64
and
boards
rule
1.06
a
an
expired
bfd
assembly
in
violation
of
mass
general
laws.
Chapter
138,
section
64
and
board's
rule
1.02
b,
who
was
present
on
behalf
of
the
licensee.
A
A
S
Yes,
good
morning
on
11
18,
20
21
at
10,
55
pm,
massage
detective,
william
gallagher,
detective
eddie,
hernandez
assigned
to
the
licensed
premise
unit
conducted
a
license
from
its
inspection
of
crave
at
128
brighton
half
side.
The
premise
detectives
were
unable
to
locate
any
of
the
required
city
licenses
needed
for
restaurant
operation,
detectives
acquired
with
the
person
in
charge,
allison
bowie,
who
escorted
the
detectives
to
the
front
of
the
premise
where
they
were
able
to
locate
some
of
the
licenses
behind
the
front.
S
Counter
detectives
have
served
an
expired
bfd
assembly
permit
expiring
in
9,
30
21,
no
inspections,
no
inspectional
services,
certificate
or
city
of
boston
entertainment
license.
After
some
time.
Looking
in
the
office
and
after
some
conversation
with
the
owner,
ms
bowie
was
able
to
locate
both
the
isd
and
the
bfd
assembly
permits
detectives,
instructing
this
buoy
to
post
these
licenses.
As
soon
as
practical
as
detectives
continued
their
walk
to
the
premise.
They
discovered
the
side,
fire
exit
to
be
blocked
with
a
large
speaker
and
some
folding
chairs
and
a
rug.
S
S
X
Yes,
I
was
out
of
country
that
evening
and
allison
bu.
She
is
our
bar
manager
during
that
time,
when
she
called
me,
I
was
out
of
the
country,
and
I
answered
that
both
detectives
were
there
and
I
was
asking
they're
all
usually
hanging
up
front.
Where
are
they?
Where
are
they
and
they
couldn't
even
stop?
X
That's
where
they
found
the
renewal
form
which
showed
that
we
had
one,
and
then
I
made
sure
that
alison,
I
emailed
her
all
the
copies
that
I
did
have,
which
were
valid.
I
think
I
believe
she
either
showed
both
detectives
then
or
she
called
them
back
to
show
them
later
the
subwoofers
which
were
blocking
the
back
entrance.
I
was
not
aware
that
they
were
there,
but
I
called
the
install
company
we
had
because
we
did
order
subwoofers,
which
were
meant
for
later
on
in
december.
X
We
were
going
to
install,
they
had
brought
them
over,
but
were
not
able
to
install
them
yet,
and
they
just
decided
it
was
okay
to
leave
it
back.
There
allison
confirmed
to
me
later
the
next
morning
when
it
was
my
time
over
morocco
that
confirmed
that
they
already
removed
it
all
and
the
rugs
and
stuff
I
said
they
had
to
be
laid
out
or
put
them
back
into
the
kitchen
where
they
should
be
rolled
up,
and
I
have
pictures
which
I
can
email,
along
with
all
the
valid
inspections
to
the
board,
if
necessary,.
X
B
B
X
B
I'm
not
so
concerned
with
your
expired
licenses
because
it
was
renewal
season,
but
I
am
very
concerned
very
concerned
that
this
could
have
been
here
for
three
days
blocking
a
fire
exit
and
no
one
knew
enough
to
move
it.
Commissioner
corona,
commissioner
gallagher,
I
mean
commissioner,
commissioner,
commissioner
saxon
do
you
have
any
questions?
No
questions.
A
Thank
you
calling
item
number
seven
s-z-a-l-l-c
doing
business
as
shabu
zen,
located
at
78
to
80
brighton
ave
in
allston
date
of
the
incident
november;
19
2021
overcrowding,
176
on
mechanical
count;
capacity
152
in
violation
of
mass
general
law,
chapter
138,
section
64.
and
boards
rule
1.03,
j
1.06,
a
and
f
who
is
present
on
behalf
of
the
licensee.
V
A
A
S
Yes,
good
morning
again,
11
19,
20
21
at
9,
07
p.m.
Massage
detective,
william
gallagher,
detective
benedict
hernandez
assigned
to
the
licensed
premise
unit
conducted
a
licensed
premise:
inspection
of
zabo
zen
at
78,
brighton
avenue
inside
the
premise
detectives
observed
a
line
of
patrons
waiting
to
be
seated.
Detectives
also
observed
most
of
the
tables
to
be
full,
believing
that
the
premise
had
exceeded
its
capacity
sergeant
detective
gallagher
conducted
a
mechanical
account
of
the
premise
which
resulted
in
176
patrons
being
counted.
The
posted
capacity
of
shabo-san
is
152.
S
V
Yes,
just
very
briefly,
detective
gallagher
was
mr
chang
cooperative
with
you.
Yes,
sir,
he
was
okay,
yes,
essentially
from
talking
to
the
staff
as
well
as
miss
law,
that
night
was
a
cold
night.
Unfortunately,
people
were
waiting
inside
to
be
seated
in
addition
to
the
people
that
were
already
at
the
tables
since
the
incident
they
have
addressed
it
with
their
staff
and
people
are
now
if
it's
at
or
near
the
count.
People
are
being
asked
to
wait
outside
to
wait
for
the
tables
rather
than
inside.
V
It
is
a
very
large
restaurant,
we're
also
in
the
process.
We've
already
hired
an
architect.
They
are
in
the
process
of
applying
for
increased
capacity,
because,
according
to
the
it's
roughly
5
000
square
feet,
it
can
hold
more
than
200
people
or
around
200
people,
so
they
are
also
in
the
process
of
increasing
capacity
of
the
restaurant.
They
do
understand
that
it
was
over
that
night.
They
have
discussed
with
their
staff.
They
have
also
changed
their
policy
about
having
people
wait
outside
now,
rather
than
inside.
S
Yes,
ma'am,
they
have
when
you
first
go
into
the
premise:
they
have
an
area
where
there
are
a
lot
of
seats,
lined
up
next
to
each
other,
and
it
was
a
cold
evening,
like
the
council
said,
and
everyone
was
sitting
there
waiting
for
tables
while
they
didn't
have
the
service
to
accommodate
everybody.
It
was
busy
inside
there
that
night.
A
Thank
you.
Thank
you.
Item
number
eight
has
been
continued
due
to
a
scheduling
conflict
with
the
licensee
will
be
heard.
On
march
22nd
calling
item
nine
dorset
restaurant
group
llc
doing
business
as
landmark
public
house
located
at
772
adam
street
in
dorchester
dated
the
incident
november,
24
2021
overcrowding,
223
found
a
mechanical
count
capacity,
172
house
count
170
in
violation
of
mass
general
laws,
chapter
138,
section
64.
and
boards
rule
1.03,
j,
1.06,
a
and
f
who
is
president
on
behalf
of
the
licensee.
A
A
Y
Good
morning
I'll
be
reading
a
full
police
report,
which
I
wrote
on
wednesday
november
24
2021
sorry
detective,
william
gallagher,
detective
eddie,
hernandez
assigned
to
the
bp
licensed
permission
and
conducted
licensed
premises.
Inspection
of
landmark
located
at
772
adams
street
in
boston
as
detectives
walked
inside
the
establishment.
Detectives
asked
the
front
door
staff.
What
the
count
of
patrons
decide
was
the
staff
member
stated
that
they
had
a
count
of
170
patrons
more
viewing
the
licenses
and
permits
of
the
establishment
detectives
learned.
The
capacity
of
the
premise
is
set
to
172.
Y
detective
hernandez,
performed
the
mechanical
count
of
the
establishment
and
discovered
that
the
actual
number
of
persons
located
inside
the
premise
was
223..
The
detectives
brought
this
to
the
attention
of
the
person
in
charge.
Mr
ed
brooks
mr
brooks
stated
that
he
would
immediately
bring
the
establishment
to
compliance
as
a
result
of
what
detectives
observed.
Sergeant
detective
gallagher
issued
a
license:
premise:
inspection
number,
zero,
four,
four:
six:
five:
nine
for
overcrowding,
the
establishment,
mr
brookside,
for
an
exceptional
notice.
Z
Z
We
had
a
bit
of
a
line
outside
and
you
know
I
have
a
number
of
security
staff,
most
of
which
have
been
with
me
for
the
beginning
of
landmark,
which
is
about
five
years,
and
we
had
two
of
our
best
guys,
three
total
that
night
working
and
then
a
new
gentleman
on
staff.
I
am
a
very
hands-on
operator
and
you
know
we're.
Z
Z
I
was
at
the
front
door
for
most
of
the
night
when
the
detective
detective
gallagher
fernandez
came
in.
I
I
witnessed
detective
hernandez
clicking
and
I
I
didn't
really.
You
know
I
wasn't
sure,
because
you
know
I
I
had
been
at
the
front
door,
the
whole
night
and
I
knew
right
around
where
the
count
was
and
we
had
hit
our
capacity.
Z
It
was
a
busy
night,
but
again
the
room
felt
we
moved
some
furniture
and
on
detective
gallagher,
senator
jack
gallagher's
request
or
suggestion
I've,
I'm
in
the
process
of
trying
to
get
an
architect
in,
because
he's
suggested
we
do
two
capacities
with
the
furniture
moved
versus
with
because
we're
more
of
a
restaurant
at
you
know
the
dinnertime
hours.
So
I
am
working
on
that
because,
again
the
room
I
was
there,
the
room
was
not
did
not
feel
unsafe
at
all.
B
I
just
want
to
share
piggybacking
on
what
sergeant
gallagher
probably
shared
with
you,
mr
brooks
we
are
seeing.
Restaurants
come
back
with
two
different
requesting
capacities
to
be
changed
when
they're
operating
as
a
restaurant
and
then
when
they're
operating
at
non-dinner
hours
it
might,
it
might
be
worth
the
investment.
Looking
into
that
so
you're
saying
you
had
about
three
people
at
the
front
door,
but
there
was
no
one
really
working
the
back
door.
B
Z
No,
I
wasn't
clear,
I'm
sorry,
so
the
we
had
two
of
my
main
guys,
because
again
I
was
anticipating
a
very
busy
night
at
the
front,
along
with
myself
and
the
other
post,
it's
just
towards
the
back
of
the
restaurant
close
to
the
bathrooms.
You
know,
I'm
not.
It
didn't
occur
to
me
that
somebody
would
be
letting
people
in
the
back
door
it.
You
know.
Z
So
that's
more
of
the
unexperienced
person's
kind
of
post
that
they're
back
there
just
kind
of
observing
where
I
had
the
main
guys
up
front
and
again
I
don't
detective
gallagher
could
attest
to
this.
The
room
wasn't
it
was
very
busy,
but
you
know,
and
again
you
know
I
I
performed
my
own
mechanical
account
after
it
was
different
than
detective
hernandez's,
but
it
was
over
the
our
state
of
capacity.
Z
Z
Z
B
B
E
F
A
Calling
item
number
10
smith
and
wolinski
atlantic
wharf
llc
doing
business
as
smith
and
walensky
located
at
290
congress
street
date
of
the
incident
december,
1st
2021
locked
fire
door,
while
premise
opened
in
violation
of
mass
general
laws.
Chapter
138,
section
64.
in
boards
rule
1.06
a
who
was
present
on
behalf
of
the
licensee.
A
A
S
Yes,
good
morning
on
12
1,
20
21
at
10,
03
p.m,
massage
detective,
william
gallagher,
detective
eddie,
hernandez
assigned
to
licensed
premise
unit
conducted
and
licenses
from
inspection
of
smith
and
wolenski
is
at
290
congress
street
side.
The
premise
detectives
met
the
manager
nathan
waite,
who
escorted
them
throughout
the
premise
detectives
pointed
out
several
fire
acts
of
the
premise
that
did
have
some
items
that
might
interfere
with
patrons
clean
in
the
event
of
emergency
coat
racks
and
a
christmas
tree
would
have
been
mentioned
on
the
detective's
inspection,
the
premises
licenses.
S
They
observed
an
expired
and
special
service
certificate.
Having
expired
back
on
224
2021,
an
expired
bfd
assembly
permit
also
expiring
9
30
21..
These
expired
permits
were
brought
to
the
attention
mr
waite,
who
said
he
would
look
into
them.
As
detectives
returned
to
the
front
premise,
they
made
observations
of
two
separate
groups
of
patrons
trying
to
exit
the
premise
through
the
main
revolving
door
that
serves
as
the
premises
main
entrance.
Both
groups
of
patrons
found
this
door
to
be
locked
staffed,
had
to
direct
these
patrons
to
a
smaller
door,
to
the
right
of
the
premise.
S
In
order
to
exit
detectives
questioned
mr
wade
as
to
why
the
main
front
door
would
be
locked
with
patrons
still
inside.
Mr
wade
said
it
was
to
keep
out
the
drunks
that
sometimes
walk
in
when
they're
trying
to
close
sergeant
caligan.
For
mr,
they
should
keep
the
main
door
unlocked
while
patrons
are
still
inside.
The
apparent
confusion
caused
by
the
locked
door
was
evident
and
the
detective's
opinion
into
safety
risk
detectives
stated
that
maybe
an
employee
at
the
front
could
keep
unwanted
people
out
as
a
result.
S
T
I'll,
just
the
permits
have
been
updated
and
we
have
those
in
place.
We
have
had
some
issues
getting
some
scheduling,
but
they
are
secured
and
posted
in
the
facilities
and
nathan
can
speak
on
the
evening,
but
we
had
had
recently
had
some
issues
and
at
the
time
didn't
didn't
think
that
it
was
an
issue
locking
the
door,
knowing
that
there
was
the
door
right
next
to
it.
That
has
the
exit
sign
over
it.
That
is
in
fact
the
fire
exit,
as
well
as
another
exit
and
another
further
exit
back.
AA
You,
mr
wade,
I'll
just
add
to
what
kim
said
so
the
revolving
door
is
to
remain
unlocked
at
all
times.
While
we
have
guests
in
the
restaurant,
the
doors
adjacent
that
our
egress
doors
with
exit
signs
illuminated
over
them
are
push
exit
at
all
times.
They
cannot
be
locked
from
the
inside.
They
are
locked
from
the
outside
at
times
during
the
day,
just
because
they
are
exit
doors
just
to
keep
people
out
when
we're
not
open.
So,
but
everything
is
unlocked
available
for
exit
at
all
times.
B
S
There
are
numerous
exes
out
of
the
premise
we
first
walked
in
the
the
front
door
to
the
left.
There
is
a
there
was
a
christmas
tree
that
you
had
to
kind
of
go
around
to
exit
the
building
that
exit
leads
into
the
inside
of
the
adjacent
building.
You
know,
I
understand
it's
christmas
time
and
you
know
we
we
talked
about
it
said:
probably
it's
not
the
best
spot.
People
could
make
it
around
it,
but
it
definitely
was
hindering
the
crowd
a
little
bit
and
there
was
a
coat
rack.
S
AA
AA
Down
that
hallway
as
well,
so
yes,
it
was
a
little
bit
limited.
However,
it
was
a
three
and
a
half
foot.
There
was
no
way
you
were
climbing
over
the
christmas
tree
to
get
out
the
door.
It
was
there's
a
very
wide
path,
not
necessarily
five
feet
like
you
mentioned,
but
there
was
a
very
wide
path
to
exit
there.