The terraces of all bars in the La Lonja neighborhood of Palma have been forced to close at 23:00 since 2019, but now one bar has managed to persuade the TSJIB to annul the Municipal Decree that modified the closing time.
The TSIJB has ruled that Palma City Council cannot limit the bar’s opening hours without processing a file in which hoteliers have a voice.
The bar obtained an activity license in January 2019., with permission to occupy a 45 m2 terrace from 07: 00-0000, except on Fridays, Saturdays and until 00:30 on he eve of holidays.
In April, 2019 a Municipal Decree was approved, limiting opening hours in the area because it was considered saturated.
Under a subsequent decree issued by the Mayor’s Office, the closing time for terraces i La Lonja was changed to 23:00.
The magistrate has annulled that decision and if the ruling is final, it might be the only bar with a terrace that can stay open until 00:30 in La Lonja.
Palma City Council argued that it can revoke occupation licenses in the public domain at any time and can do so unilaterally.
The TSJIB ruling accepts that reasoning, but has established a nuance.
”The administration cannot, by means of rectification, agree to unilaterally modify the substantive conditions of the authorization that it has been granted without even hearing the interested party. “said the judge.” Due to a time restriction for the protection of neighbors, an absolutely essential modification of the license is produced. “