It wasn't a nightclub. Those crates placed outside the Nero Carbone restaurant in Piazza Costituzione in Cagliari only served to create an atmosphere. Instead they cost the holder the suspension of 30 days of the external concession: an illegitimate and unjustified sanction, for the TAR, which canceled it, rejecting the report of the municipal police.
Satisfaction, yes, but meager for the entrepreneur: in recent days he was right in court. But the facts date back to a year ago.
June 2021. The traffic police are checking compliance with the concessions of public land on the premises of the center. They arrive under the Bastion. From Nero Carbone, the minutes read, “the use in the absence of a valid qualification (phonometric report), of an electro-acoustic system for amplification and sound diffusion of musical pieces , perfectly audible outside”. Twelve crates in all.
For this a fine is issued. The measure arrives in the offices of the Department of Productive Activities. In August the blow: the music speakers are considered a serious violation of the municipal regulation. The concession is suspended for 30 days: off the outdoor tables for the whole of September.
The owner of the restaurant, Gianluigi Littarru, is not there and appeals to the TAR: the lack of revenue from the seats on the square would be a serious blow to the turnover. The administrative judges first suspend the effectiveness of the provision, given the damage it could cause. Then they pass the sentence, a year later.
Illegitimate fine, they say, because no sound level measurement was carried out nor was the disturbance to public peace proven. In the local police provision it was only written that the music was "perfectly audible" outside.
In short, for the TAR the fines made to feel, without technical remarks, are not valid.
(Unioneonline / EF)
