The “Bacchus’ Hole”, historic nightclub of Asceait could not be closed. It was established there Section I of the Tar Campania-Salerno accepting the appeal proposed by the administrative lawyer Pasquale D’Angiolillodefender of the owner company. The closure of the dance club, open since 1974, was ordered last year January by the municipality, through the prohibition on the continuation of activities adopted by the manager of the one-stop shop for production activities, in response to a note from the Prefecture, as well as through a further contingent and urgent orderissued by the mayor, following an inspection conducted by carabinieri.
The protest
The decisions of the local authority had caused a lot of outcry, having prescribed the suspension not only of musical and dancing entertainment but also of the distinct and independent hotel services of the annex “Hotel Bacco”, started several years ago with specific certified reports of the start of activity. The protests occurred after the concert Tony Effewhich took place on December 22, 2023, with the subsequent cancellation of all scheduled events. In this circumstance, the soldiers of the Carabinieri had objected to the company that owns the well-known tourist-recreational complex of having granted entry to the structure to an excessive number of people, arguing, therefore, the lack of the conditions necessary to guarantee the safety of the patrons.
The Council of State
The Council of State last April, which, by accepting the precautionary request made by the same lawyer, had already suspended the effects of both municipal measures. With the ruling recently filed, the Regional Administrative Court highlighted important principles concerning the correct conduct of administrative proceedings authorisation, control and supervision of the activity of public establishments intended for hospitality and entertainmentspecifying the distribution of the relevant competences.
Cancellations
In dealing with the matter brought before it, the Salerno judging panel annulled, first of all, the provision of the person responsible for the Briberynoting the non-existence of the conditions established by law for the exercise of the injunction power, established by article 19 of the add n. 241/1990 (existence of a public interest; reasonable deadline, set at 12 months and previously established at 18 months; verification of the positions of the recipients of the measure). In also canceling the union order, the administrative judges noted the absence of the conditions of extraordinary nature and urgency for the adoption of the injunction measure, having recalled the constant jurisprudential orientation according to which, in terms of the mayor’s powers, with reference to the provisions of articles 50 and 54 of legislative decree no. 267/2000 (Tuel), it is not possible to adopt contingent and urgent measures to deal with foreseeable and permanent situations or when there is no urgency to take action.
The clarification
The TAR clarified that these powers, originally vested in the police commissioner based on art. 68 of the Consolidated Law on Public Security Laws (Tulps), were subsequently awarded to local authorities, pursuant to d.P.R. n. 616/1977currently not falling within the competence of the mayor but of the municipal manager responsible for issuing the relevant authorizations, in compliance with the art. 107 of the TUEL.
#Concert #Tony #Effe #Buca #Bacco #closed
–
