By Writing Flers
Published on
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For the record, the manager of this « trading bar »from Flers (Orne) unique concept in the department, had requested, on November 16, 2020, a prefectural exemption to be allowed to close later.
Make up for the financial losses linked to the health crisis
He argued that this request did not endanger public peace, especially since this same activity, with the previous owners, had not been a source of embarrassment. Also, the requested opening would allow the institution to make up for financial losses related to the health crisis.
In its judgment, the court recalled that a prefectural decree, dated December 14, 2016, sets opening hours from 5 p.m. to 1 a.m. for drinking establishments. However, this decree provides for the granting of derogations for operators ” presenting all the guarantees regarding the management of their establishment.
“Strictly personal” derogations
However, on the date of the request made by the manager of The Factory Club, the establishment, due to the health crisis, had not been able to reopen. Thus, according to the judges, the prefectural authority was within its rights to invite the applicant company to submit a new request within six months.
The judges also noted that these derogations are “strictly personal”. The establishment could not usefully argue that the exploitation of the activity by the previous owners would not have caused any inconvenience”.
Finally, the administrative court did not find that the applicant had “given guarantees in order to prevent possible breaches of public order”. The court therefore did not see any “error of assessment” hence, as the public rapporteur had suggested to him in January, dismissal of this request.
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