Florio and Ninnos win the first battle against the Municipality: the two premises in via San Domenico, in Cagliari , should have removed all the outside tables from today due to the 30-day suspension of the concession, decided after an inspection by the traffic police dating back in early May. But the Tar, to which they turned, suspended the effectiveness of the sanction imposed by the production activities service of Palazzo Bacaredda.
First round awarded to the entrepreneurs, who turned to the lawyers Matilde Mura (Ninnos) and Aldo Luchi, Jacopo Fiori and Monica Murgia (Florio).
The fine was triggered after the checks carried out on a Friday evening in early May by the local police. There was no chaos outside the Villanova premises. But even outside, beyond the perimeter of the concession, the music was coming from the speakers inside. And that is enough, strictly speaking, to inflict the punishment. Even if the limits of the acoustic piano are not exceeded.
An aggravating circumstance, according to the minutes, is that the doors were always open.
In both cases, the judges of the Tar issued a decree suspending the provision: "In balancing the various interests involved - that of the appellant to continue the outdoor activity (...) and that, of a public nature, aimed at guaranteeing the livability of city streets and homes, a value potentially endangered by the accumulation of individual sources of noise, it seems preferable to attribute pre-eminent relief, on a provisional basis, to the need to avoid, currently, serious prejudicial effects on the economic deriving, to the appellant, from the execution of the disputed provision". Also because the summer season has just begun.
The decision on the merits is expected on 12 July. For then, the TAR requests "a succinct and documented note of clarification on the matter from the notified Municipality, in the person of the manager in charge".
(Unioneonline/E.Fr.)