The ABONE nightlife association is taking legal action against the granting of temporary permits for major outdoor music events which it considers to represent unfair competition for clubs and venues that operate with standard and permanent licences.
The association has lodged an application for judicial review against Calvia Town Hall’s granting of these types of permits and has filed for an injunction with the courts to suspend these licences while proceedings are being conducted.
In the case of Calvia, the legal action focuses on the staging of large music and entertainment events. Chief among these are the Mallorca Live Festival and the Es Jardí series of summer concerts. Held at the one-time Aquapark in Magaluf and with the same organising company, the Es Jardí season, which runs until the end of August, kicks off this Friday with a concert by a leading DJ – Fat Boy Slim. The Corrs and Kraftwerk are among other acts scheduled for this summer. The festival was last month.
ABONE argues that promoters of these events are in a different situation to venues and entertainment establishments that operate year-round with permanent licences. It maintains that nightlife businesses with permanent licences must navigate a complex administrative process and comply with strict requirements in respect of urban planning, safety, accessibility, soundproofing and activity. In its view, the proliferation of temporary licences allows other operators to carry out similar activities without assuming the same obligations and so violate the principle of equal competition.
The association believes this situation harms companies that have made significant investments to adapt to current regulations and is demanding that all entertainment activities be subject to the same legal requirements.
In Palma, ABONE is holding talks with the town hall. It has as yet not lodged applications with the courts, hopeful that a solution can be reached without having to pursue a legal procedure. Large music events at the Son Fusteret Showground and at the Son Moix Stadium are examples of the granting of temporary licences.
Additional factors concern complaints from residents regarding large events held under temporary activity licences. Residents of areas near some of these venues have repeatedly complained about the disturbances caused by loud music, large crowds and traffic, especially during peak tourist season. Some weeks ago, Palma Town Hall suspended music events at the city’s bullring.
Although these complaints constitute a separate debate from the one raised by the nightlife industry association, both relate to the need to review the scope of these types of permits.
The courts will now have to rule on the request for an injunction and then on the merits of the application for judicial review. Decisions could set a significant precedent regarding the scope and use of non-permanent activity licences in the Balearics, especially when it comes to the organisation of festivals and large music events.
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‘ Some details of this article were extracted from the following source www.majorcadailybulletin.com ’
