/ Town Hall
Saturday 10th March 2018
The Administrative Litigation Chamber of the Superior Court of Justice of the Balearic Islands dismisses the appeal filed by BCM on the establishment closure decree.
The Superior Court of Justice of the Balearic Islands has dismissed the appeal filed by the entity "BCM DISCO EMPIRE, SA" against the order issued by the Court n 1 of Palma, which, at the time, rejected the discotheque request of lifting of the precautionary closure.
It should be recalled that the Town Hall issued a decree, in April 2017, within the framework of the revision of the urban planning licences of the establishment. This entailed the revocation of the first occupation licence corresponding to a major work file initiated in 2015. The first occupation licences are those that are compulsorily granted after any major work.
The closure order took place once the municipal technicians detected the existence of a concurrence of irregularities in the aforementioned project, consisting of a relevant omission of data, specifically in reference to the cooling towers and other facilities that in the absence of licences are illegal, including a series of elements that affected the safety of people.
The present resolution of the TSJB, before which no ordinary appeal is allowed, reaffirms the order of the Administrative Court No. 1 of Palma, and, consequently, the decision of this town hall to order the total closure of the activity of said discotheque, stating that "once the licence has been revoked, the closure of the activity is the logical and immediate consequence for any unauthorised activity", and admitting that, as it is said in the order, "some of the unauthorised works or installations" do affect the emergency exit and therefore the safety of the customers. "
From Calvià Town Hall, it has always been reiterated that the reopening of the establishment's activity depends exclusively on the property's proceeding to correct the deficiencies that caused the closure.
