Friday 13th May 2022 – Mike Smith
Source: original article – Carlos López (Xàbia AL DÍA)
The Policía Local de Xàbia have confirmed the closure of Salt and Botánico in accordance with the order issued a few weeks ago by the local government in compliance with the order of the Valencian Anti-Fraud Agency.
In response to this action, the owner of the other three premises which are scheduled to be closed by the police, has announced that he has taken the closure order to the judge to request the suspension of these closures which has been scheduled for May 17th and May 20th.
Edgar Slama stressed that they have taken the municipal resolution to the Administrative Litigation because they consider that the measure is “contrary to law” and affirm “in a state of law, an administration cannot act in such an arrogant manner deliberately ignoring the value of technical reports” which he claims have been submitted through the Authorized Inspection Organisation (OCA).
He adds that they have presented the favourable technical reports issued by this body through which “the technical and environmental conformity of the premises has been certified and they are favourable to the opening [of the businesses]”.
See below for translation of the statement from JaveaCompany.
Given the concern shown we want to communicate that our premises ACQUA, La Bambula and Achill will remain OPEN.
“The local council intends to close soon the premises in which we have been developing our activity for years (Acqua, Bambula and Achill), although it is fully known that the favorable technicual reports issued by the Authorized Inspection Organisation (OAC) have been submitted by us, through which the technical and environmental compliance of the premises has been certified (in terms of safety, fire protection, evacuation route, urban compatibility, etc.) and are favourable to the opening of the facilities.
The action intended to be carried out by the local council is therefore contrary to law, which has forced us to file a contentious-administrative appeal before the court of Alicante to defend our rights and the rights of users of our establishments. It is a rule of law that an administration cannot act in such an arrogant way, deliberately ignoring the value of those technical reports that have been submitted.
Precisely for this reason, together with the writ of interposition of the said appeal, the court has been requested to suspend the precautionary clause agreed for the days of the17th and 20th. The law states that requested that precautionary measure and until the judge rules, the Administration cannot take justice into its own hands and proceed with the closure.
We warn them that any attempt to close our premises before the court decision falls will mean that we will take criminal action against the authorities and officials who intervene in case this could constitute a crime. “