The TAR defends the hard fist of the Municipality of Cagliari against the failure to respect the outdoor concessions and the regulation which prohibits the music emitted from the speakers inside the premises from also being heard outside.

With a sentence that risks making "jurisprudence" in the sector, the administrative judges rejected the appeal presented by the owner of the Dan bar in Piazza Garibaldi: he contested the sanction of the suspension of the concession for 33 days imposed after an inspection by the local police (from 28 September to 30 October 2023) carried out on 21 September.

The report showed the occupation of approximately 45 square meters of public land (compared to around thirty authorized) in the square, but also that music was coming from the speakers placed inside the bar which could also be heard outside. And this is prohibited by municipal regulations.

For the TAR, the possible occasional occurrence of flooding with respect to the boundaries of the concession is not sufficient. Just as the sanction would appear to be the result of a "municipal discipline that is reasonable in relation to the type of conduct sanctioned, with respect to which, also considering the "ratio" of the regulatory discipline, the suspension periods outlined do not appear manifestly incongruous, and in any case certainly not disproportionate." And the music? Outside, the TAR has established, one must not be heard: the regulation says so. The fine is valid until a forgery complaint is made.

(Unioneonline/E.Fr.)

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