Tuesday 7th June 2022 – Mike Smith
Source: original article – Carlos López (Xàbia AL DÍA)
The town hall in Xàbia has given the owner of the restaurant-bar ‘Casa Rosita’ ten days to close the premises and cease its activity in accordance with the Supreme Court ruling that requires that the local council acts to do so.
A resolution signed last Thursday 2nd June, to which Xàbia AL DÍA has had access, the town hall is required to order the owner of the hospitality business in Cala de la Granadella “to close the premises and cease its activity [due to] the lack of mandatory activity and operating license within a period of ten days from the receipt of the resolution“.
The resolution also urges the police to formalise the closure in the event that the owner chooses not to do so in a similar procedure that forced five of the seven premises on the Punta del Arenal to cease their activity and close their doors.
The resolution has rejected attempts by the owner and her legal representatives to resolve the issue surrounding town planning as well as updating the activity licence that dates from 1983 and was for an open-air snack restaurant. The file contains the plan of the premises at that time. It says that the “change of the sheet metal roof for a concrete slab and other works carried out in 2003 were done so without a licence“.
The details of the resolution also rejects the request for “the adaptation of the operating activity due to substantial changes in the establishment destined for the restaurant activity, because the proposed activity is not compatible with town planning and municipal bylaws and order the filing of the file“.
Municipal staff also highlight that “the fact that it is not possible to carry out any activity without the corresponding enabling administrative title and, where appropriate, compliance with the conditions and corrective measures necessary for the operation of the activity (because this implies not only a situation of illegality, but also a risk for users and the environment), and having been accredited from the reports in the file that an alteration of the structure of the establishment has been made with the result of “substantial modification“.